DMATS/3 DOT Transit Planning Memorandums of Understanding, IA, WI, IL
Kevin Firnstahl
From:Chandra Ravada <CRavada@ecia.org>
Sent:Thursday, October 25, 2018 7:38 AM
To:Kevin Firnstahl
Subject:RE: Signature needed DMATS MOU
Kevin,
We are still waiting to get the MOUs from DOTs.
Thanks,
Chandra Ravada
Director of Transportation Department
East Central Intergovernmental Association
ph.: 563-556-4166
fax: 563-556-0348
e-mail: cravada@ecia.org
www.ecia.org
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From: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>
Sent: Wednesday, October 24, 2018 4:42 PM
To: Chandra Ravada <CRavada@ecia.org>
Subject: Signature needed DMATS MOU
Hi Chandra,
Do you have executed versions of the attached? I am in need of signatures on several pages.
Thank you.
Kevin S. Firnstahl, City Clerk
th
50 W. 13 Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
Click here to report this email as spam.
1
Copyrighted
May 7, 2018
City of Dubuque Consent Items # 18.
ITEM TITLE: Dubuque Metropolitan Area Transportation Study(DMATS)
Transit Planning Memorandum of Understanding
SUMMARY: City Manager recommending approval of the Memorandum
of Understanding with the Dubuque Metropolitan Area
Transportation Study(DMATS)for Transit Planning and
Programming that outlines procedures for complying with
Federal Transit Administration regulations to ensure
eligibility for state and federal funding.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
DMATS Transit Planning Memorandum of City Manager Memo
Understanding-NNM Memo
Staff Memo Staff Memo
MOU- DMATS Cooperati� Planning Supporting Documentation
MOU-Wisconsin DOTand DMATS Supporting Documentation
MOU-Illinois DOT and DMATS Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: DMATS Transit Planning Memorandum of Understanding
DATE: May 1 , 2018
ECIA Director of Transportation Chandra Ravada and Transportation Services Director
Candace Eudaley-Loebach recommend City Council approval of the Memorandum of
Understanding with the Dubuque Metropolitan Area Transportation Study (DMATS) for
Transit Planning and Programming. The Memorandum of Understanding outlines
procedures for complying with Federal Transit Administration regulations to ensure
eligibility for state and federal funding.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chandra Ravada, Director of Transportation, ECIA
Candace Eudaley-Loebach, Director of Transportation Services
THE CITY OF Dubuque
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Mas terpiece on the Mississippi Zoo,.2012.Zo13
TO: Michael Van Milligen, City Manager
FROM: Chandra Ravada, Director of Transportation, ECIA
Candace Eudaley-Loebach, Director of Transportation Services
RE: DMATS Transit Planning Memorandum of Understanding
DATE: April 26, 2018
PURPOSE
To request approval of the Memorandum of Understanding (MOU) with the Dubuque
Metropolitan Area Transportation Study (DMATS) for Transit Planning and
Programming.
BACKGROUND
Dubuque Metropolitan Area Transportation Study (DMATS) is a tri state Metropolitan
Planning Organization covering lowa, Illinois and Wisconsin. All states are required to
have a Memorandum of Understanding (MOU) with MPOs and transit systems within
the MPO to meet the Fixing America's Surface Transportation Act (FAST ACT)
regulations.
DISCUSSION
IADOT covers the FAST ACT requirements between the state and MPO through the
annual work program process. However, we need to have an updated MOU between
DMATS and City of Dubuque dba, Jule Transit to meet the new regulations. Illinois and
Wisconsin Department of Transportations (DOTS) developed MOUs between state and
MPO including transit systems within the MPO.
The City of Dubuque dba, Jule Transit should be a party to three MOUs from DMATS.
The first will be an MOU between DMATS and Jule Transit; the second MOU will be
between Illinois DOT, DMATS and Jule Transit; and the third MOU will be between
Wisconsin DOT, DMATS and Jule Transit.
FINANCIAL
There is no budget impact. The MOU outlines procedures for complying with FTA
regulations to ensure eligibility for state and federal funding.
RECOMMENDATION/ACTION
It is recommended that the City approve the MOU.
COOPERATIVE AGREEMENT FOR CONTINUING TRANSPORTATION PLANNING
FOR THE DUBUQUE METROPOLITIAN PLANNING AREA, IOWA
METROPOLITAN AREA
between
DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY (DMATS)
and the
JULE TRANSIT SYSTEM
(Transit Operator)
This Cooperative Agreement is made and entered into between the DUBUQUE
METROPOLITAN AREA TRANSPORTATION STUDY ("MPO"), the JULE TRANSIT
SYSTEM as the operator of publicly owned transit services ("TRANSIT OPERATOR").
Recitals
WHEREAS, various federal grants of assistance are available to TRANSIT OPERATOR for the
operation and improvement of transit service in the Dubuque metropolitan area; and
WHEREAS, effective transit planning is both a requirement of these grants and an essential
business practice for TRANSIT OPERATOR; and
WHEREAS, various state and federal grants of assistance are available to MPO for carrying out
metropolitan transportation planning activities; and
WHEREAS, the Iowa Department of Transportation (DOT) is authorized to direct, undertake,
and expend state and federal assistance for planning, promotion, and protection activities for all
transportation modes; and
WHEREAS, the Governor of Iowa, through DOT, and local communities within the Dubuque
metropolitan planning area, through their authorized representatives, have jointly designated the
MPO to carry out metropolitan transportation planning activities for the metropolitan area; and
WHEREAS, the MPO is directed by a Policy Board, the metropolitan area municipalities,
Dubuque County, and TRANSIT OPERATOR; and
WHEREAS, TRANSIT OPERATOR provides mass transportation services within the
metropolitan area; and
WHEREAS, TRANSIT OPERATOR is the designated recipient in the metropolitan area for all
federal, state, and local transit assistance; and
WHEREAS, metropolitan transportation planning activities come under the jurisdiction of the
U.S. Department of Transportation ("USDOT") and are subject to the metropolitan planning
requirements of 23 U.S.0 134 and Section 8 of the Federal Transit Act as amended.
NOW, THEREFORE, in consideration of these premises, and of their mutual and dependent
needs, the parties hereto contract and agree as follows:
1
Article I: Statement of Purpose
MPO Policy Board in cooperation with the TRANSIT OPERATOR, shall cooperatively
undertake a continuing, cooperative, and comprehensive performance-based multimodal
transportation planning and programming process for the Metropolitan Planning Area in
accordance with state and local goals for metropolitan planning, the provisions of 23 U.S.C. 134,
49 U.S.C. App 1607 and 23 CFR 450 (c), as amended, and in accordance with the provisions of
this Agreement.
Article II: Overall Responsibilities
A. MPO shall be responsible for and shall be the lead agency in conducting the following
transportation planning and programming activities pursuant to 23 CFR 450 and FTA Circular
4702.1B:
1. Formulating, adopting and periodicallyreviewing, updating and amending a long-range
multimodal transportation plan for the Metropolitan Planning Area, which shall
conform to all applicable Federal requirements;
2. Formulating and approving a short-range Transportation Improvement Program (TIP) for
the Metropolitan Planning Area which shall cover a period of not less than 4 years and
must have 4 years of projects and may include projects outside the Planning Area
for information only. The TIP will provide a notice to the public that the public
participation process used for its development meets the public participation requirements
for the program of projects prepared by transit operators under 49 U.S.G. 5307;
3. Preparing and updating a mid-range 5 -year Passenger Transportation Plan (PTP) in
cooperation with TRANSIT OPERATOR. This plan shall include, but not be limited to,
transit system policies and service demands, transit service reductions and extensions,
transit fares, and transit system capital facility needs;
4. Coordinating short-range (e.g., TIP), mid-range (3-5 year) and long-range transit planning
and programming with other transportation planning and programming, with cooperation
and assistance from TRANSIT OPERATOR;
5. Providing a forum for cooperative transportation planning and decision-making, and
establishing a public participation process that ensures reasonable opportunities for early
and continuing involvement of local governmental units, transit operators, and the
general public in the review and evaluation of all transportation plans and programs, the
latter to include special outreach efforts to those traditionally underserved by existing
transportation systems;
6. Considering and implementing DOT transportation plans and planning guidance to the
fullest extent consistent within local and regional goals;
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7. Making data, assumptions, criteria, methodology, and analyses available to DOT and
other participants in a timely manner;
8. Providing DOT with copies of all transportation plans and programs and all resolutions
concerning their adoption, endorsement, or amendment;
9. Providing DOT with an annual self -certification that the MPO's transportation
planning process conforms to all applicable Federal requirements pursuant to 23 CFR
450,
10. Complying with American Disabilities Act of 1990 plan certification procedures as
required in 49 CFR 37. 139;
11. Formulating and annually approving the Planning Work Program, which shall identify all
transportation -related planning activities to be funded with state and federal financial aids
and technical assistance in accordance with the provisions of this Agreement and the time
schedule adopted by DOT;
12. Cooperatively establishing all federally required MPO performance targets, sharing
performance data and preparing system performance reports in coordination with DOT
and TRANSIT OPERATOR (based on FHWA and FTA performance measure final rules
publications); and the collection of data for state asset management plan per applicable
federal regulations.
13. Maintaining a current Title VI Program as required by Federal Transit Administration's
Title VI Circular 4702.1B.
14. Ensuring opportunities for the early and continuing involvement of the MPO, TRANSIT
OPERATOR, local governmental units, and general public in the review and evaluation
of all transportation plans and programs;
15. Working with DOT and TRANSIT OPERATOR in the preparation of a financial plan for
the transportation plan and transportation improvement program, including the
cooperative development of estimates of transportation system costs and funding
revenues to support implementation of the plan and program.
16. Working cooperatively with DOT and TRANSIT OPERATOR in the preparation of an
annual listing of obligated transportation projects funded under 23 U.S.C. or 49 U.S.C.
Chapter 53.
17. Developing and adopting MPO Transit State of Good Repair (SGR) targets.
B. Each Transit Operator shall be responsible for and shall be the lead agency in conducting
the following transportation planning and programming activities:
3
1. Actively participating in MPO activities to represent the public transit interests and
ensure awareness and consideration of public transit plans, programs, projects and
policies in MPO decision-making.
2. Coordination of short-range (e.g, TIP), mid-range (3-5 year) and long-range transit
planning and programming (e.g., Passenger Transportation Plan) with other
transportation planning and programming, with cooperation and technical assistance from
the MPO;
3. Providing information relative to the proposed programming of Federal, State and local
funds for metropolitan transit system improvements and services that fall under the
Transit Operator's jurisdiction;
4. Preparing and submitting applications for State and Federal mass transportation capital
and operating assistance grants and administering approved grants;
5. Conducting preliminary engineering and final design studies relating to mass
transportation capital facilities, including, but not limited to, transit stations, shelters, bus
stop signs, garages, maintenance buildings, operator buildings, and rolling stock;
6. Conducting detailed operational planning necessary to establish or modify transit routes,
schedules, fares, stop locations, transfer points, vehicle assignments, and other operating
procedures in accord with the proposals contained in the PTP;
7. Preparing and updating paratransit service plans in conformance with the
Americans with Disabilities_ Act_ of 1990;
8. Endorsing the MPO metropolitan area transportation plan in a timely manner, for use as a
guide in local transit planning and programming activities;
9. Conducting transit marketing planning, including, but not limited to, the conduct of
market surveys, the design of user information materials, and the development of transit
promotion programs;
10. Conducting transit management planning, including but not limited to, activities
related to personnel procedures and training programs, maintenance policies, fare
collection and handling procedures, and accounting practices;
11. Collecting data to meet the requirements of 49 U.S.C. 5335;
12. Collecting data to meet the requirements of DOT Administrative Rules;
13. Cooperatively selecting and establishing performance targets, sharing performance data
and analysis, supporting monitoring and reporting of system performance in coordination
4
with DOT and the MPO (based on FHWA and FTA performance measure final rules);
and
14. Ensuring opportunities for the early and continuing involvement of the MPO, Transit
Operator, DOT, local governmental units, and general public in the review and evaluation
of all state transportation plans and programs.
15. Working with the MPO and DOT in the preparation of a financial plan for the
transportation plan and transportation improvement program, including the cooperative
development of estimates of transportation system costs and funding revenues to support
implementation of the plan and program.
16. Working cooperatively with the MPO and DOT in the preparation of an annual listing of
obligated transportation projects funded under 23 U.S.C. or 49 U.S.C. Chapter 53.
17. Developing and adopting a Transit Asset Management Plan and updating the plan at least
every four years.
18. Developing and adopting Transit State of Good Repair (SGR) targets annually.
Article III: Performance Management
On May 27, 2016, the final rule for statewide and metropolitan transportation planning was
published, based on 2012's Moving Ahead .for Progress in the 21st Century (MAP -21) Act and
2015's Fixing America's Transportation System (FAST) Act. As part of this final rule, 23
CFT 450.314 (h) was amended to state:
The MPO(s), State(s), and the providers of public transportation shall jointly agree upon
and develop specific written provisions for cooperatively developing and sharing
information related to transportation performance data, the selection of performance
targets, the reporting of performance targets, the reporting of performance to be used in
tracking progress toward attainment of critical outcomes for the region of the MPO (see
§450.306(d)), and the collection of data for the State asset management plans for the
NHS for each of the following circumstances: When one MPO serves an UZA, when
more than one MPO serves a UZA, and when an MPA includes a UZA that has been
designated as a TMA as well as a UZA that is not a TMA. These provisions shall be
documented either as part of the metropolitan planning agreements required under
paragraphs (a), (e), and (g) of this section, or documented in some other means outside
of the metropolitan planning agreements as determined cooperatively by the MPO(s),
State(s), and providers of public transportation.
The phase-in deadline for this requirement is May 27, 2018. The following approach was
cooperatively developed to address 23 CFR 450.314 (h):
5
x Agreement between the DOT and Metropolitan Planning Organizations on
applicable provisions through documentation included in each MPO's Planning
Work Program.
x Agreement between the DOT and relevant public transit agencies on applicable
provisions through documentation included in each public transit agency's
consolidated funding application.
x Agreement between each Metropolitan Planning Organization and relevant public
transit agencies on applicable provisions through documentation included in the
appropriate cooperative agreement(s) between the Metropolitan Planning Organization
and relevant public transit agencies.
Accordingly, the MPO and TRANSIT OPERATOR agree to the following provisions:
1. TRANSIT OPERATOR will adopt a Transit Asset Management (TAM) Plan by
October 1, 2018 and will provide a copy to the MPO.
2. TRANSIT OPERATOR will update its TAM plan at least every four years, with a
horizon period of at least four years. TRANSIT OPERATOR will provide a copy
to the MPO whenever the TAM document is updated.
3. TRANSIT OPERATOR will adopt Transit State of Good Repair (SGR) targets
annually. SGR targets will be reported to the ETA's National Transit Database, and to
the MPO.
4. Following the initial target setting, the MPO will choose to support TRANSIT
OPERATOR"s SGR targets or adopt MPO -specific targets no later than 180 days after
the date TRANSIT OPERATOR sets its targets. MPO targets will be revisited as
directed by FTA.
5. MPO staff will report the MPO SGR targets to the DOT.
Article IV: Scope of Work
A. The cooperative metropolitan transportation planning process shall be carried out in
accordance with a Planning Work Program approved by the MPO, DOT and USDOT, in
consultation with appropriate transportation providers have entered into the Planning
Work Program, including budget and cost allocation. The Planning Work Program will
be reviewed, approved and replaced annually by DOT and USDOT. The original and all
approved subsequent Planning Work Programs during the teiins of this agreement shall
be made part of this agreement, and made a part of this Agreement which shall constitute
the scope of work to be performed under this Agreement.
B. The Planning Work Program shall set forth a description of the specific metropolitan
transportation planning activities and products to be completed each calendar year, the
corresponding staff and budgetary requirements, and the allocation of the total costs
6
between the participating agencies. Responsibility for the following planning activities
shall be identified in the Planning Work Program, where applicable:
1. Preparing technical and other reports to assure documentation of the development,
refinement and reappraisal of the transportation plan; and
Conducting detailed corridor or subarea studies to evaluate major transportation
investment alternatives and their social, economic and environmental impacts
pursuant to 23 CFR 450.
C. Upon adoption of the Planning Work Program by the MPO and approval by DOT and by
USDOT funding agencies, DOT shall authorize the MPO to proceed with the Planning
Work Program in writing, and in accordance with the terms and conditions of such
approval.
The Planning Work Program may be amended during the course of the year upon written
request of the MPO subject to (1) the written concurrence of DOT and USDOT funding
agencies and (2) the availability of funding, if applicable.
D. The cooperative metropolitan transportation planning process to be conducted under this
agreement and governed by the provisions of 23 CFR 450 shall encompass the
Metropolitan Planning Area, as determined by agreement between the Governor (or
designee) and MPO.
Article V: Organization and Administration
A. The governing body of the MPO shall appoint andmaintainsuch policy, citizen and/or
technical advisory committees as deemed appropriate to effectively carry out the
comprehensive metropolitan transportation planning process under this Agreement. DOT
and the TRANSIT OPERATOR shall be represented on such policy and technical
advisory committees.
B. MPO may enter into such institutional arrangements, service contracts or agency
agreements as it deems necessary to carry out the scope of work under this Agreement
with the understanding that the MPO shall remain accountable for completion of planning
products in accordance with the Planning Work Program. All such contracts,
subcontracts, agreements or other written understandings for services shall conform to the
appropriate provisions of 2 CFR 200 as supplemented by 23 CFR 420.119 issued by the
Federal Highway Administration (FHWA); Federal Transit Administration (FTA)
Circular 42201.E and any changes or revisions thereto; and other applicable guidance the
FTA, FHWA or USDOT may issue.
C. When consultants are to be employed in accomplishing work under this Agreement, all
parties providing funding or technical support for such work shall have the right to
review and advise on basic study methods and procedures and to review and approve
subcontracts.
7
Article VI: Inspection of Work
DOT and USDOT shall, at all times during the effective period of this Agreement, be accorded
proper facilities for inspection of the metropolitan transportation planning work activities and
shall, in accordance with Article XI, have access to all data, information, records and documents
pertaining to the work under this Agreement.
Article VII: Work Product
A. DOT, the MPO and the TRANSIT OPERATOR shall give each other and applicable
USDOT agencies reasonable opportunity to review and comment on their respective
reports produced under this Agreement prior to publication of the final report.
B. All reports and documents published by all parties under this Agreement shall give credit
to all other parties and to participating USDOT agencies and include appropriate
disclaimer statements regarding representation of USDOT views or policies.
C. DOT and USDOT shall each have the royalty -free nonexclusive and irrevocable right to
reproduce, publish, distribute, or otherwise use, and to authorize others to use, the work
produced under this Agreement for government purposes.
Article VIII: Prohibited Interest
A. No employee of the MPO during his or her tenure or for one year thereafter may have or
acquire any interest whatsoever, direct or indirect, in this Agreement or proceeds thereof
or any benefit arising therefrom.
B. No member of or delegate to the Congress of the United States of America may have or
acquire any interest whatsoever, direct or indirect, in this Agreement or proceeds thereof
or any benefit arising therefrom.
Article IX: Funding and Payment
A. Funding levels and financial responsibilities for the continuing metropolitan
transportation planning process shall be negotiated annually in conjunction with the
preparation, review and approval of the Planning Work Program, and shall consider such
factors as the availability of federal planning monies and state and local matching funds,
statewide allocation formulas developed in cooperation with MPOs, and the relative
benefits to participating agencies.
B. Upon adoption of the Planning Work Program by the MPO and approval by DOT and by
USDOT funding agencies, the Planning Work Program shall be deemed to constitute a
part of this Agreement with respect to the scope of work and funding arrangements.
8
Specific terms or conditions governing the financial aspects of the Planning Work
Program typically found. in in DOT's annual authorization letter.
C. All costs incurred during the progress of the metropolitan transportation planning work
activities under this Agreement shall be shared by the MPO and the other participating
agencies on the basis of the cost allocation schedule set forth in the approved Planning
Work Program.
D. Progress reports containing a narrative and financial account of the work accomplished to
date shall be furnished by MPO to DOT at no greater than a quarterly interval. These
reports shall be due 45 days after the end of the first, second and third quarters, and 60
days after the final quarter.
Article X: Cost Principles
A. Allowable Costs. Actual costs incurred by MPO under this Agreement shall be eligible
for reimbursement provided the costs are:
1. Verifiable from the MPO's records;
2. Not included as match funds as prescribed by federal law or regulation for any other
federally assisted program;
3. Necessary and reasonable for proper and efficient accomplishment of the approved
Planning Work Program;
4. In conformance with the standards for allowable costs set forth in 2 CFR 225 (Office
of Management and Budget (OMB) Circular A-87, revised) and with applicable
guidelines, regulations, or federal Agreement provisions issued by FHWA or FTA.
5. Not paid by the federal government under another assistance agreement unless
authorized to be used as match funds under the other federal agreement and the laws
and regulations governing such agreement; and
6. Provided for in the approved Planning Work Program.
7. Contributions, such as volunteer services or donated property, may be accepted as the
non-federal share.
B. Indirect Costs. MPO costs charged on an indirect basis shall be supported by an indirect
cost allocation plan and indirect cost rate proposal. Such plans shall be submitted with
certification to DOT and the host agency's cognizant federal agency for approval prior to
recovering any indirect costs included under this Agreement.
9
Article XI: Property Utilization and Management
The MPO shall comply with the proper management standards as set forth in 49 CFR 18.31,
18.32 and 18.33, as amended, and, if applicable, OMB Circular A-102, Attachment N, as
amended.
Article XII: Records and Audits
A. The MPO shall, for the program of continuing, comprehensive transportation planning
and programming activities maintain an accounting system that adequately accounts for
all funds provided for, accruing to, or otherwise received from the federal, state and local
units of government, or any other quasi -public or private source under this Agreement.
B. All eligible costs, including paid services and expenses contributed by the MPO, shall be
charged in accordance with the approved Planning Work Program by the MPO and shall
be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges. All accounting
records and other evidence pertaining to the costs incurred by the MPO under this
Agreement shall be maintained by the MPO and shall be clearly identified and readily
accessible. DOT and USDOT shall have authority to audit, review, examine copy and
transcribe any pertinent data, information, records or documents relating to this
Agreement at any reasonable time. The MPO shall retain all records and documents
applicable to this Agreement for a period of not less than three (3) years after final
payment is made to DOT by the federal funding agencies.
C. The MPO shall have a single, organization -wide financial and compliance audit
performed by a qualified, independent auditor if required to do so under federal laws and
regulations. (See 2 CFR 200 Subpart F_Audit Requirements.). This audit shall be
performed in accordance with 2 CFR 200, and state single, organization -wide audit
guidelines issued by the Iowa Department of Administration (DOA). A copy of the audit
shall be furnished to DOT.
Article XIII: Certification Regarding Lobbying
A. The MPO certifies, by signing this Agreement, to the best of his or her knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
10
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Fottn-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
B. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31: USC 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
C. The MPO also agrees by signing this Agreement that it shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Article XIV: Effective Date and Duration of Agreement
A. This Agreement shall become effective upon execution by the MPO, and the TRANSIT
OPERATOR and shall remain in force until terminated under provisions of Article XIV,
or until superseded by a new agreement.
B. This Agreement may be amended from time -to -time as facts or circumstances warrant or
as may be required by OMB and/or state laws, administrative regulations, departmental
orders, or guidelines_having the full--force-and effect of law.
Article XV: Termination Of Agreement
The MPO or the TRANSIT OPERATOR may terminate this Agreement by giving sixty (60)
days written notice of such termination to the other parties. In the event of termination, the MPO
will be entitled to receive just and equitable compensation for any satisfactory work completed
under this Agreement to the effective date of such termination.
11
IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed by their
proper officers and representatives.
DUBUQUE METROPOLITAN AREA'TRANSPORATION STUDY
By
Roy D. ` o1, Chairperson
Date p
TRANSIT OPS RATOR (JULE TRANSIT SYSTEM)
By
12
Date
ii
COOPERATIVE AGREEMENT FOR CONTINUING TRANSPORTATION
PLANNING FOR THE DUBUQUE URABNIZED AREA, WISCONSIN
METROPOLITAN AREA
between
STATE OF WISCONSIN, DEPARTMENT OF TRANSPORTATION
and the
DUBUQUE METROPOLITAN AREA PLANNING STUDY (DMATS)
and the
JULE TRANSIT SYSTEM
(Transit Operator)
This Cooperative Agreement is made and entered into between the State of Wisconsin
Department of Transportation ), the DMATS Metropolitan Planning
Organization ("MPO"), and the JULE Transit System, the operator of publicly owned
transit services ("Transit Operator").
Recitals Section — Could change depending on the structure of the MPO
WHEREAS, various federal grants and aids are available to WisDOT and/or the MPO,
and various state grants and aids are available to the. MPO for carrying out metropolitan
transportation planning activities; and
WHEREAS, WisDOT is authorized by sec. 85.02, Wis. Stats. to direct, undertake and
expend state and federal aid for planning, promotion and protection activities for all
transportation modes; and
WHEREAS, the Governor of Wisconsin and local communities within the DUBUQUE
Urbanized Area, through their authorized representatives, have jointly designated the
MPO to carry out metropolitan transportation planning activities for the Metropolitan
Planning Area; and
WHEREAS, the Transit Operator provides mass transportation services within the
DUBUQUE Metropolitan Planning Area; and
WHEREAS, the Transit Operator is the designated recipient in the Urbanized Area for
federal transit operating aids under Section 5307 of the Federal Transit Act, as amended;
and
WHEREAS, metropolitan transportation planning activities come under the jurisdiction
of the U.S. Department of Transportation Federal Highway Administration and Federal
Transit Administration ("USDOT") and are subject to the metropolitan planning
requirements of 23 U.S.C. 134, section 5303 of the Federal Transit Act and implementing
regulations at 23 C.F.R. 450; and
WHEREAS, the MPO, WisDOT and USDOT in consultation with the appropriate
transportation providers enter into an annual unified planning work program ( "Planning
Work Program") as detailed in Article III Scope of Work of this agreement; and
1
WHEREAS, Metropolitan Planning Area boundaries for purposes of the federal planning
provisions have been determined by agreement between the MPO and the Governor;
NOW THEREFORE, in consideration of these premises, and of their mutual and
dependent needs, the parties hereto contract and agree as follows:
Article I: Statement of Purpose
WisDOT and the MPO, in cooperation with the Transit Operator, shall cooperatively
undertake a continuing, cooperative, and comprehensive performance-based multimodal
transportation planning and programming process for the Metropolitan Planning Area in
accordance with state and local goals for metropolitan planning, the provisions of 23
USC 134, 49 USC 5303, and 23 CFR 450, and in accordance with the provisions of this
Agreement.
Article II: Overall Responsibilities
A. The MPO shall be responsible for and shall be the lead agency in conducting the
following transportation planning and programming activities pursuant to 23 CFR 450
and FTA Circular 4702.1B:
1. Foiinulating, adopting and periodically reviewing, updating and amending a long-
range multimodal transportation plan for the Metropolitan Planning Area,
which shall conform to all applicable Federal requirements;
Folinulating and approving a short-range Transportation Improvement Program
(-TIP) fo-r the Metropolitan Planning Area which shall cover a period of -not -less
than 4 years and must have 4 years of projects and may include projects
outside the Planning Area for infoiniation only. The TIP will provide a notice to
the public that the public participation process used for its development meets the.
public participation requirements for the program of projects prepared by transit
operators under 49 U.S.C. 5307;
3. Preparing and updating a mid-range (3-5 year) transit development plan (TDP) in
cooperation with the Transit Operator. This plan shall include, but not be limited
to, transit system policies and service demands, transit service reductions and
extensions, transit fares, and transit system capital facility needs;
-OR-
Assisting and participating with updating a mid-range (3-5 year) transit
development plan (TDP) in cooperation with the Transit Operator. This plan shall
include, but not be limited to, transit system policies and service demands, transit
service reductions and extensions, transit fares, and transit system capital facility
needs;
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4. Coordinating short-range (e.g, TIP), mid-range (3-5 year) and long-range transit
planning and programming with other transportation planning and programming,
with cooperation and assistance from the Transit Operator;
5. Providing a forum for cooperative transportation planning and decision-making,
and establishing a public participation process that ensures reasonable
opportunities for early and continuing involvement of individuals, affected public
agencies, representatives of public transportation employees, public ports, freight
shippers, providers of freight transportation services, private providers of
transportation (including intercity bus operators, employer -based commuting
programs, such as carpool program, vanpool program, transit benefit program,
parking cash -out program, shuttle program or telework program), representatives
of users of public transportation, representatives of users of pedestrian walkways
and bicycle transportation facilities, representatives of the disabled, and other
interested parties in the review and evaluation of all transportation plans and
programs, the latter to include special outreach efforts to those traditionally
underserved by existing transportation systems;
6. Considering and implementing WisDOT transportation plans and planning
guidance to the fullest extent consistent within local and regional goals;
7. Making data, assumptions, criteria, methodology, and analyses available to
WisDOT and other participants in a timely manner;
8. Providing WisDOT with copies of all transportation plans and programs and all
resolutions concerning their adoption, endorsement, or amendment;
9. Providing WisDOT with an annual self -certification that the MPO's
transportation planning process conforms to all applicable Federal requirements
pursuant to 23 CFR 450,
10. Complying with American Disabilities Act of 1990 plan certification procedures
as required in 49 CFR 37. 139;
11. In air quality nonattainment and maintenance areas,
1. assessing the confotinity of the Metropolitan Planning Area long-range
transportation plan and TIP with the Wisconsin State Implementation Plan
for air quality management; and
2. Conducting such additional air quality related transportation planning and
analyses as shall be determined under a separate Memorandum of
Agreement between the MPO, WDNR, WisDOT, USEPA, FHWA and
FTA implementing Clean Air Act s. 176(c)(4)(E) requirements for a state
confoimity implementation plan;
12. Folinulating and annually approving the Planning Work Program, which shall
identify all transportation -related planning activities to be funded with state and
3
federal financial aids and technical assistance in accordance with the provisions of
this Agreement and the time schedule adopted by WisDOT;
13. Cooperatively establishing all federally required MPO performance targets,
sharing performance data and preparing system performance reports in
coordination with WisDOT and. Transit Operator (based on FHWA and FTA
performance measure final rules publications); and the collection of data for state
asset management plan per applicable federal regulations.
14. Maintaining a current Title VI Program as required by Federal Transit
Administration's Title VI Circular 4702.1B in addition to the following
1. Completing an annual report denoting any Title VI Investigations,
Complaints and Lawsuits or reporting there had been none within the
preceding year;
2. Reporting Title VI activities annually within the Unified Planning Work
Program;
3. Updating the Title VI Program with approval by the MPO's Policy Board
on a three year cycle.
15. Ensuring opportunities for the early and continuing involvement of the MPO,
Transit Operator, WisDOT, local governmental units, and general public in the
review and evaluation of all state transportation plans and programs;
16. Working with WisDOT and Transit Operators in the preparationo£a financial
plan for the transportation plan and transportation improvement program,
including the cooperative development of estimates of transportation system costs
and funding revenues to support implementation of the plan and program.
17. Working cooperatively with WisDOT and Transit Operator in the preparation of
an annual listing of obligated transportation projects funded under 23 U.S.C. or 49
U.S.C. Chapter 53.
B. WisDOT shall be responsible for, and shall be the lead agency in conducting, the
following transportation planning and programming activities:
1. Actively participating in MPO activities to represent the state's interests and
ensure awareness and consideration of state transportation plans, programs,
projects and policies in MPO decision-making.
2. Informing the MPO relative to the availability, or anticipated availability, of State
and Federal financial aids and technical assistance for metropolitan transportation
planning activities; making all metropolitan planning funds authorized by 23
U.S.C. 104(1) and 49 U.S.C. 5305(d) available to the MPOs in accordance with a
formula developed by WisDOT, in consultation with the MPOs, and approved by
USDOT;
3. Providing information relative to the availability, or anticipated availability, of
State and Federal financial aids for metropolitan transportation improvements
and services that fall under local programming jurisdiction;
4. Providing information relative to the proposed programming of State and Federal
financial aids for metropolitan transportation improvements and services, which
fall under State jurisdiction;
5. Informing the MPO relative to Federal or State statutes, policies,
regulations and guidelines, which bare upon metropolitan transportation planning
and programming activities and contractual arrangements;
6. Developing statewide strategies and guidance for the preparation and scoping of
the metropolitan area transportation system plan, improvement program, and
Planning Work Program to address Federal and State planning requirements and
goals;
7. Coordinating the development of the schedule and procedures for annual
submittal and interagency review (including but not limited to FHWA and FTA)
and approval of the Planning Work Program;
8. Providing technical support and data and information collected or maintained by
WisDOT that is pertinent to the transportation planning work to be perfoimed by
the MPO under this Agreement;
9. Coordinate, review and comment on MPO's long-range transportation plan, in a
timely manner, for use as a guide in statewide planning and programming
activities;
10. Approving the MPO TIP on behalf of the Governor;
11. Developing the statewide long-range transportation plan and the Statewide
Transportation Improvement Program (STIP) in cooperation with MPO, pursuant
to the provisions of 23 U.S.C. 135;
12. Coordinating and reconciling MPO transportation plans and programs with
statewide plans and programs as necessary to ensure connectivity within
transportation systems, in cooperation with the MPO;
13. Including the metropolitan TIP without change in the STIP, directly or by
reference, after approval of the TIP by the MPO and the Governor.
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14. Monitoring the MPO's transportation planning process to ensure compatibility
with State and USDOT programs and objectives and to certify compliance with
applicable Federal requirements;
15. Cooperatively selecting and establishing perfolrnance targets, sharing
performance data and analysis, supporting monitoring and reporting of system
performance in coordination with the MPO and Transit Operators (based on
FHWA and FTA performance measure final rules);
16. Ensuring opportunities for the early and continuing involvement of the MPO,
Transit Operator, WisDOT, local governmental units, and general public in the
review and evaluation of all state transportation plans and programs;
17. Working with the MPO and Transit Operators in the preparation of a financial
plan for the transportation plan and transportation improvement program,
including the cooperative development of estimates of transportation system costs
and funding revenues to support implementation of the plan and program.
18. Working cooperatively with the MPO and Transit Operators in the preparation of
an annual listing of obligated transportation projects funded under 23 U.S.C. or 49
U.S.C. Chapter 53.
C. Each Transit Operator shall be responsible for and shall be the lead agency in
conducting the following transportation planning and programming activities:
1. Actively participating in MPO activities to represent the public transit interests
and ensure awareness and consideration of public transit plans, programs, projects
and policies in MPO decision-making.
2. Coordination of short-range (e.g, TIP), mid-range (3-5 year) and long-range
transit planning and programming (e.g., Transit Development Plan) with other
transportation planning and programming, with cooperation and technical
assistance from the MPO;
3. Providing information relative to the proposed programming of Federal, State and
Iocal funds for metropolitan transit system improvements and services that fall
under the Transit Operator's jurisdiction;
4. Preparing and submitting applications for State and Federal mass transportation
capital and operating assistance grants and administering approved grants;
5. Conducting preliminary engineering and final design studies relating to
mass transportation capital facilities, including, but not limited to, transit stations,
shelters, bus stop signs, garages, maintenance buildings, operator buildings, and
rolling stock;
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6. Conducting detailed operational planning necessary to establish or modify
transit routes, schedules, fares, stop locations, transfer points, vehicle
assignments, and other operating procedures in accord with the proposals
contained in the TDP;
7: Preparing and updating paratransit service plans in conformance with the
Americans with Disabilities Act of 1990;
8. Endorsing the MPO metropolitan area transportation plan in a timely manner, for
use as a guide in local transit planning and programming activities;
9. Conducting transit marketing planning, including, but not limited to, the conduct
of market surveys, the design of user information materials, and the development
of transit promotion programs;
10. Conducting transit management planning, including but not limited to,
activities related to personnel procedures and training programs, maintenance
policies, fare collection and handling procedures, and accounting practices;
11. Collecting data to meet the requirements of 49 U.S.C. 5335;
12. Collecting data to meet the requirements of Wisconsin Administrative Code Trans
3,4,and8;
13. Cooperatively selecting and establishing performance targets, sharing
perfoiinance data and analysis, supporting monitoring and reporting of system
performance in coordination with WisDOT and the MPO (based on FHWA and
FTA perfoiivance measure final rules); and
14. Ensuring opportunities for the early and continuing involvement of the MPO,
Transit Operator, WisDOT, local governmental units, and g.eneral public in the
review and evaluation of all state transportation plans and programs.
15. Working with the MPO and WisDOT in the preparation of a financial plan for the
transportation plan and transportation improvement program, including the
cooperative development of estimates of transportation system costs and funding
revenues to support implementation of the plan and program.
16. Working cooperatively with the MPO and WisDOT in the preparation of an
annual listing of obligated transportation projects funded under 23 U.S.C. or 49
U.S.C. Chapter 53.
Article III: Scope of Work
A. The cooperative metropolitan transportation planning process shall be carried out
in accordance with a Planning Work Program approved by the MPO, WisDOT
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and USDOT, in consultation with appropriate transportation providers have
entered into the Planning Work Program, including budget and cost allocation.
The Planning Work Program will be reviewed, approved and replaced annually.
The original and all approved subsequent Planning Work Programs during the
terms of this agreement shall be made part of this agreement, and made a part of
this Agreement which shall constitute the scope of work to be performed under
this Agreement.
B. The Planning Work Program shall set forth a description of the specific
metropolitan transportation planning activities and products to be completed each
calendar year, the corresponding staff and budgetary requirements, and the
allocation of the total costs between the participating agencies. Responsibility for
the following planning activities shall be identified in the Planning Work
Program, where applicable:
1. Preparing technical and other reports to assure documentation of the
development, refinement and reappraisal of the transportation plan; and
2. Conducting detailed corridor or subarea studies to evaluate major
transportation investment alternatives and their social, economic and
environmental impacts pursuant to 23 CFR 450.
C. Upon adoption of the Planning Work Program by the MPO and approval by
WisDOT and by USDOT funding agencies, WisDOT shall authorize the MPO to
proceed with the Planning Work Program in writing, and in accordance with the
teunis and conditions of such approval.
The Planning Work Program may be amended during the course of the year upon
written request of the MPO subject to (1) the written concurrence of WisDOT and
USDOT funding agencies and (2) the availability of funding, if applicable.
D. The cooperative metropolitan transportation planning process to be conducted
under this agreement and governed by the provisions of 23 'CFR 450 shall
encompass the Metropolitan Planning Area, as determined by agreement between
the Governor and MPO.
Article IV: Organization and Administration
A. The governing body of the MPO shall appoint and maintain such policy, citizen
and/or technical advisory committees as deemed appropriate to effectively carry
out the comprehensive metropolitan transportation planning process under this
Agreement. WisDOT and the Transit Operator shall be represented on such policy
and technical advisory committees.
B. MPO may enter into such institutional arrangements, service contracts or agency
agreements as it deems necessary to carry out the scope of work under this
8
Agreement with the understanding that the MPO shall remain accountable for
completion of planning products in accordance with the Planning Work Program.
All such contracts, subcontracts, agreements or other written understandings for
services shall conform to the appropriate provisions of 2 CFR 200 as
supplemented by 23 CFR 420.119 issued by the Federal Highway Administration
(FHWA); Federal Transit Administration (FTA) Circular 42201.E and any
changes or revisions thereto; and other applicable guidance the FTA, FHWA or
USDOT may issue.
C. When consultants are to be employed in accomplishing work under this
Agreement, all parties providing funding or technical support for such work shall
have the right to review and advise on basic study methods and procedures and to
review and approve subcontracts.
D. Nothing in this Contract shall be deemed as a waiver of WisDOT's nor the State's
sovereign immunity consistent with Wisconsin State law.
Article V: Inspection of Work
WisDOT and USDOT shall, at all times during the effective period of this Agreement, be
accorded proper facilities for inspection of the metropolitan transportation planning work
activities and shall, in accordance with Article XI, have access to all data, information,
records and documents pertaining to the work under this Agreement.
Article VI: Work Product
A. WisDOT, the MPO and the Transit Operator- shall give each other and applicable
USDOT agencies reasonable opportunity to review and comment on their
respective reports produced under this Agreement prior to publication of the final
report.
B. All reports and documents published by all parties under this Agreement shall
give credit to all other parties and to participating USDOT agencies and include
appropriate disclaimer statements regarding representation of USDOT views or
policies.
C. WisDOT and USDOT shall each have the royalty -free nonexclusive and
irrevocable right to reproduce, publish, distribute, or otherwise use, and to
authorize others to use, the work produced under this Agreement for government
purposes.
Article VII: Prohibited Interest
A. No member, officer or employee of the MPO or any state or local public body
during his or her tenure or for one year thereafter may have or acquire any interest
whatsoever, direct or indirect, in this Agreement or proceeds thereof or any
benefit arising therefrom.
B. No member of or delegate to the Congress of the United States of America may
have or acquire any interest whatsoever, direct or indirect, in this Agreement or
proceeds thereof or any benefit arising therefrom.
Article VIII: Funding and Payment
A. Funding levels and financial responsibilities for the continuing metropolitan
transportation planning process shall be negotiated annually in conjunction with
the preparation, review and approval of the Planning Work Program, and shall
consider such factors as the availability of federal planning monies and state and
local matching funds, statewide allocation formulas developed in cooperation
with MPOs, and the relative benefits to participating agencies.
B. Upon adoption of the Planning Work Program by the MPO and approval by
WisDOT and by USDOT funding agencies, the Planning Work Program shall be
deemed to constitute a part of this Agreement with respect to the scope of work
and funding arrangements. Specific terms or conditions governing the financial
aspects of the Planning Work Program will be set forth in WisDOT's annual
authorization letter.
C. All costs incurred during the progress of the metropolitan transportation planning
work activities under this Agreement shall be shared by the MPO and the other
participating agencies on the basis of the cost allocation schedule set forth in the
approved Planning Work Program. -
D. WisDOT's share of program costs, together with any USDOT share, which is
administered by WisDOT, will be paid to the MPO following the receipt of a
properly executed invoice, and a detailed status of expenditures report per
WisDOT Unified Planning Work Program Handbook.
E. Progress reports containing a narrative and financial account of the work
accomplished to date shall be furnished by MPO to WisDOT at no greater than a
quarterly interval. These reports shall be due 30 days after the end of the first,
second and third quarters, and 60 days after the final quarter.
F . WisDOT may withhold or delay approval of invoices if the MPO fails to submit
progress reports or scheduled products in a timely and satisfactory manner.
WisDOT shall provide reimbursement to the MPO within 15 business days so as
to comply with federal planning requirements for the timely payment for all
submitted and approved progress reports, finished products, and invoices.
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Article IX: Cost Principles
A. Allowable Costs. Actual costs incurred by MPO under this Agreement shall be
eligible for reimbursement provided the costs are:
1. Verifiable from the MPO's records;
2. Not included as match funds as prescribed by federal law or regulation for any
other federally assisted program;
3. Necessary and reasonable for proper and efficient accomplishment of the
approved Planning Work Program;
4. In conformance with the standards for allowable costs set forth in 2 CFR 225
(Office of Management and Budget (OMB) Circular A-87, revised) and with
applicable guidelines, regulations, or federal Agreement provisions issued by
FHWA or FTA.
5. Not paid by the federal government under another assistance agreement unless
authorized to be used as match funds under the other federal agreement and
the laws and regulations governing such agreement; and
6. Provided for in the approved Planning Work Program.
7. No contributions where costs are not incurred, such as volunteer services or
donated property, may be accepted as the non-federal share.
B. Indirect Costs. MPO costs charged on an indirect basis shall be supported by an
indirect cost allocation plan and indirect cost rate proposal. Such plans shall be
submitted with certification to WisDOT and the host agency's cognizant federal
agency for approval prior to recovering any indirect costs included under this
Agreement.
Article X: Property Utilization and Management
The MPO shall comply with the property management standards as set forth in 2 CFR
200, Subpart D, Property Standards.
Article XI: Records and Audits
A. The MPO shall, for the program of continuing, comprehensive transportation
planning and programming activities maintain an accounting system that
adequately accounts for all funds provided for, accruing to, or otherwise received
from the federal, state and local units of government, or any other quasi -public or
private source under this Agreement.
11
B. All eligible costs, including paid services and expenses contributed by the MPO,
shall be charged to the approved Planning Work Program by the MPO and shall
be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges. All
accounting records and other evidence pertaining to the costs incurred by the
MPO under this Agreement shall be maintained by the MPO and shall be clearly
identified and readily accessible. WisDOT and USDOT shall have authority to
audit, review, examine copy and transcribe any pertinent data, information,
records or documents relating to this Agreement at any reasonable time. The
MPO shall retain all records and documents applicable to this Agreement for a
period of not less than three (3) years after final payment is made to WisDOT by
the federal funding agencies.
C. The MPO shall have a single, organization -wide financial and compliance audit
performed by a qualified, independent auditor if required to do so under federal
laws and regulations. (See 2 CFR 200 Subpart F Audit Requirements.). This audit
shall be performed in accordance with 2 CFR 200, and state single, organization -
wide audit guidelines issued by the Wisconsin Department of Administration
(DOA). A copy of the audit shall be furnished to WisDOT.
Article XII: Certification Regarding Lobbying
A. The MPO certifies, by signing this Agreement, to the best of his or her knowledge
and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant; -loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 USC 1352. Any person who fails to file the required certification shall be
12
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
C. The MPO also agrees by signing this Agreement that it shall require that the
language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecip1ents shall certify and disclose
accordingly.
Article XIII: Effective Date and Duration of Agreement
A. This Agreement shall become effective upon execution by WisDOT, the MPO,
and the Transit Operator and shall remain in force until terminated under
provisions of Article XIV, or until superseded by a new agreement.
B. This Agreement may be amended from time -to -time as facts or circumstances
warrant or as may be required by OMB and/or state laws, administrative
regulations, departmental orders, or guidelines having the full force and effect of
law.
C. This Agreement supersedes any previous cooperative agreement for metropolitan
transportation planning
Article XIV: General Provisions
A. Choice of Law. This Agreement shall be interpreted in accordance with the
statutes and laws of the United States of America and the State of Wisconsin.
B. Entire Agreement. This Agreement together with those documents referred to
herein contain the entire agreement of the parties and supersedes any and all prior
COOPERATIVE AGREEMENT FOR CONTINUING TRANSPORTATION
PLANNING agreements and draft agreements, or oral understandings between
the parties.
C. The State of Wisconsin may cancel this and any related contract in whole or in
part, and without penalty due to nonappropriation of funds or for failure of the
MPO and Transit Operators to comply with terms, conditions, and specifications
of this contract by notice required in Article XV.
D. Severability. If any provision of this Agreement or the application of this
agreement is held invalid, the enforceability of all other, provisions shall not be
impaired.
Article XV: Termination Of Agreement
WisDOT, the MPO or the Transit Operator may teiiiiinate this Agreement by giving sixty
(60) days written notice of such termination to the other parties. In the event of
13
termination, the MPO will be entitled to receive just and equitable compensation for any
satisfactory work completed under this Agreement to the effective date of such
termination.
IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed
by their proper officers and representatives.
DUBUQUE M TROPOLITAN AREA PLANNING STUDY
By
Roy D. B 61, Chairperson
Date
STATE OF CONSIN ! PARTMENT OF TRANSPORTATION
By
Craig Thoi pson, Secretary
Date 3/i__licija,
TRANSIT OP,RATOR (JULE TRANSIT SYSTEM)
By
0, L., Date/Yr
14
Intergovernmental Agreement Between
Illinois Department of Transportation,
DMATS Metropolitan Planning Organization and JULE Transit Provider
This Intergovernmental Agreement (the "Agreement") is entered into this 18th day of
April, 2018 (the "Effective Date"), by and between Illinois Department of Transportation
("IDOT"), Dubuque Metropolitan Area Transportation Study (DMATS), Metropolitan Planning
Organization, and JULE (Transit Provider)_(collectively, referred to as the "Parties" and
individually, referred to as a "Party").
RECITALS
WHEREAS, IDOT is the State transportation agency responsible for carrying out Federal -aid
transportation planning process pursuant to 23 CFR 450 Subpart13 and is authorized to take
such actions on behalf of the State of Illinois as necessary to comply with Federal law;
WHEREAS, DMATS Metropolitan Planning Organization ("MPO") is the policy organization
responsible for carrying out the metropolitan transportation planning process pursuant to 23
CFR 450 Subpart C and is authorized to take such actions on behalf of the State as necessary
to comply with Federal law for the transportation planning process;
WHEREAS, the Transit Provider is the entity that provides, either by contract or agreement,
public transportation services for Federal or State cooperating agencies, including to the State
of Illinois;
WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes
units of government to contract among themselves to obtain or share services and to exercise,
combine or transfer any power or function, in any manner not prohibited by law or by ordinance;
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., provides
additional powers to units of government that work together;
WHEREAS, on May 27, 2016, the Federal Transit Administration and the Federal Highway
Administration published a final rule on Statewide and Nonmetropolitan Transportation Planning
and Metropolitan Transportation Planning based on the Fixing America's Surface Transportation
("FAST Act");
WHEREAS, the final rule of May 27, 2016 was codified in 23 CFR 450 and established new
requirements for State Departments of Transportation ("DOTs"), MPOs and Transit Providers to
coordinate and develop a performance-based approach to planning;
WHEREAS, 23 CFR 450.314(h) provides that MPO(s), State(s), and the providers of public
transportation shall jointly agree upon and develop specific written provisions for cooperatively
developing and sharing information related to transportation performance data, the selection of
performance targets, the reporting of performance targets, the reporting of performance to be
used in tracking progress toward attainment of critical outcomes for the region of the MPO (see
§450.306(d)), and the collection of data for the State asset management plan for the National
Highway System ("NHS");
1
WHEREAS, in order to fulfill each Party's responsibilities, the Parties wish to enter into this
Intergovernmental Agreement to document the responsibilities of each Party and agree to
implement all applicable performance management rules, measures, targets, tracking and
reporting requirements, and compliance deadlines;
WHEREAS, the Parties recognize that additional procedures and processes may need to be
developed to fulfill each Party's responsibilities. Therefore, the Parties agree to pledge their
continued communication, cooperation, and support and agree to amend this IGA, or enter into
additional IGAs, as necessary to address new issues as they arise; and
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained
herein, the Parties understand and agree to the following:
ARTICLE I
RIGHTS AND OBLIGATIONS OF THE PARTIES: COOPERATIVELY DEVELOPING AND
SHARING INFORMATION RELATED TO TRANSPORTATION PERFORMANCE
MANAGEMENT DATA -- SAFETY DATA
1.01 Pursuant to 23 CFR 490, subparts A and B, IDOT will track and collect data relating to
(a) the number of fatalities, (b) the number of serious injuries, (c) the rate of fatalities per 100
million vehicles miles traveled, (d) the rate of serious injuries per 100 million vehicle miles
traveled, and (f) number of non -motorized fatalities and non -motorized serious injuries.
1.02 Pursuant to 23 CRF 490, subparts A and B, IDOT will share the safety data as
referenced in paragraph 1.01 with the DMATS MPO on or before July 1 (18 months after end of
subject calendar year) by way of the IDOT safety data portal at:
http://www.idot. illi nois.gov/assets/uploads/files/tra nsportation-system/ma nua Is-guides-&-
handbooks/safetvfidot safety portal getting started overview guide.odf. As a public resource, the
DMATS MPO will have ongoing access to the https://webapps.dot.illinois.gov/SafetvPortalf.
1.03 IDOT shall also provide a statewide summary and a summary of the data set referenced
in paragraph 1.01 to the DMATS MPO as particularized for the subject Metropolitan Planning
Area (MPA) on or before July 1 (18 months after end of subject calendar year).
1.04 IDOT will also provide to the DMATS MPO the tabular data that was used for
calculations related to segments in the Cities and Counties that are included in the MPA
boundary on or before July 1 (18 months after end of subject calendar year).
1.05 Pursuant to 23 CFR 490.209, performance targets must be established.
1.06 IDOT will provide, to DMATS MPO, its targets two weeks prior to the State target setting
deadline, outlined in Paragraph 1.08, for initial input.
1.07 IDOT will set targets annually on August 31 in its Highway Safety Improvement Program
Annual Report.
1.08 DMATS MPO will indicate whether it accepts IDOT's targets or set its own targets
annually 180 days after August 31 by official action of the Policy Committee of the MPO, unless
authority has been delegated to a lesser committee.
2
1.09 The relevant county engineers may sponsor MPO access to the data on IDOT's safety
portal subsequent to approval of such access by IDOT's Office of Chief Counsel_
1.10 If the DMATS MPO determines that it will develop its own targets, it will provide IDOT
with those targets and the supplemental data that it will use to develop its own targets. This
supplemental data will be provided when target is communicated to IDOT.
ARTICLE II
RIGHTS AND OBLIGATIONS OF THE PARTIES: COOPERATIVELY DEVELOPING AND
SHARING INFORMATION RELATED TO TRANSPORTATION PERFORMANCE
MANAGEMENT DATA -- PAVEMENT AND BRIDGES
2.01 Pursuant to 23 CFR Part 490, subparts A, C, and D, IDOT will track and collect data
related to (a) the percentage of Interstate pavement in good condition, (b) the percentage of
Interstate pavement in poor condition, (c) the percentage of non -Interstate National Highway
System (NHS) pavement in good condition, (d) the percentage of non -interstate NHS pavement
in poor condition, (e) the percentage of NHS bridge deck (sq. ft.) in good condition, and (f) the
percentage of NHS bridge deck (sq. ft.) in poor condition. The pavement measures and the
calculation of the performance management measures will be in accordance with 23 CFR Parts
490.307 and 490.313.
2.02 Pursuant to 23 CFR Part 490, subparts A, C, and D, IDOT will share the Interstate
pavement and bridges data referenced in paragraph 2.01 with the DMATS MPO on or before
May 1St of each year through http://www.idot.iliinois.gov/transportation-system/Network-
Overview/highway-system/index, the GIS download site. The data will include a shapefile
depicting the physical location and condition of Interstate, NHS roadways and NHS bridges.
2.03 Pursuant to 23 CFR 490.105, performance targets must be established.
2.04 If the DMATS MPO determines that it will develop its own targets, it will provide IDOT
with the supplemental data that it will use.
2.05 IDOT will provide, to DMATS MPO, its targets two weeks prior to the State target setting
deadline, outlined in Paragraph 2.06, for initial input.
2.06 IDOT will set targets for two years (initial year is 2020 and every two years after) and
four years (initial year is 2024 and every two years after) by May 20, 2018.
2.07 The DMATS MPO will either indicate if they accept IDOT's target or set its own target
180 days after IDOT sets their targets by official Policy Committee action, unless the Policy
Committee has delegated authority to a lesser committee.
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ARTICLE III
RIGHTS AND OBLIGATIONS OF THE PARTIES: COOPERATIVELY DEVELOPING AND
SHARING INFORMATION RELATED TO TRANSPORTATION PERFORMANCE
MANAGEMENT DATA — SYSTEM PERFORMANCE
3.01 Pursuant to 23 CFR Part 490, subparts A, E, F, G, and H, DMATS MPO will obtain data
related to (a) the percentage of person -miles traveled on the Interstate that are reliable, (b) the
percentage of person -miles traveled on the non -Interstate NHS that are reliable, (c) Truck
Travel Time Reliability Index, (d) annual hours of peak hour excessive delay per capita, (e) the
percentage of non -single occupancy vehicle travel, and (f) the total emission reductions. Data
related to (d), (e) and (f) of this section applies only to non -attainment areas. Data is being used
to allow the MPO to conduct analyses to support transportation investments.
3.02 Pursuant to 23 CFR 490.105, performance targets must be established.
3.03 IDOT will provide regular access to a technological tool that will provide DMATS MPO
the ability to obtain and analyze data as set forth in Section 3.01(a) — (c) and the ability to
confirm IDOT's target or set its own target.
3.04 If the DMATS MPO determines that it will develop its own targets, it will provide !DOT
with the supplemental data that it will use.
3.05 IDOT will provide, to DMATS MPO, its targets two weeks prior to the State target setting
deadline, outlined in paragraph 3.06, for initial input.
3.06 IDOT will set targets for two years (initial year is 2020 and every two years after) and
four years (initial year is 2024 and every two years after) by May 20, 2018.
3.07 The DMATS MPO will either indicate if it accepts IDOT's target or set its own target 180
days after IDOT sets their targets by official Policy Committee action, unless the Policy
Committee has delegated authority to a lesser committee.
ARTICLE IV
TRANSIT ASSET MANAGEMENT
4.01 Pursuant to 49 CFR Part 625, subpart C, and D, IDOT will act as a Tier 2 Group Plan
Sponsor and track and collect performance measure data through its capital needs assessment
process related to (a) the percentage of revenue vehicles (by type) that exceed the Useful Life
Benchmark (ULB), (b) the percentage of non -revenue service vehicles (by type) that exceed the
ULB, and (c) the percentage of facilities (by group) that are rated less than 3.0 on the Transit
Economic Requirements Model (TERM) scale. The performance measures will be in
accordance with 49 CFR Part 625.43.
4.02 Pursuant to 49 CFR Part 625, subpart C, IDOT will collect the data annually,
approximately in the month of April. IDOT will share the transit data referenced in paragraph
4.01 with the JULE Transit Provider approximately two months after collection via e-mail to the
Transit Provider.
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4.03 Upon request by the MPO, the Transit Provider will share its transit data with the MPO
throughout the year, including data provided under paragraph 4.02, so that the MPO may
conduct performance based planning and programming within the metropolitan planning area.
4.04 Pursuant to 49 CFR 625.45, Tier 2 Group Plan performance targets must be
established.
4.05 IDOT will set Tier 2 Group Plan performance targets and report on asset conditions
annually by October 31 of each year in the National Transit Database.
4.06 IDOT will provide, to JULE the Transit Provider, its Tier 2 Group Plan performance
targets annually by October 31 of each year for initial input. Upon request by the MPO, the
Transit Provider will share the Tier 2 Group Plan performance targets.
4.07 The DMATS MPO will provide notice in accordance with Article X as to whether it will
adopt the Tier 2 Group Plan performance targets or set its own targets. Such notice shall occur
within 180 days after October 31. The DMATS MPO shall set its targets by official MPO Policy
Committee action, unless the Policy Committee has delegated authority to a lesser committee.
4.08 If the DMATS MPO determines that it will develop its own targets, it will provide IDOT
and the transit provider(s) with the supplemental data that it will use to develop its own targets.
ARTICLE V
PERFORMANCE TARGET SETTING
5.01 After receipt of the draft statewide performance targets from IDOT, the DMATS MPO will
have two (2) weeks to review the draft statewide performance targets and will provide
comments on statewide targets.
5.02 The DMATS MPO will collaborate with IDOT for purposes of agreeing upon the draft
statewide performance targets and will either adopt IDOT's targets or set its own targets within
180 days subsequent to IDOT's issuance of the draft statewide performance targets.
ARTICLE VI
REPORTING OF PERFORMANCE TARGETS
6.01 IDOT will report final statewide targets for Transit Asset Management on October 1 of
each year in the National Transit Database.
6.02 IDOT will report final statewide targets for transportation systems performance data
related to safety by August 31 of each year in the Highway Safety Improvement Program
("HSIP") Annual Report.
6.03 IDOT will report final statewide targets for transportation performance management data
related to pavement and bridges by October 1 every two years in the State Performance Report,
23 CFR 450.216(f).
5
6.04 IDOT will report final statewide targets for transportation performance management data
related to system performance by October 1 every two years in the State Performance Report,
23 CFR 450.216(f).
6.05 Should DMATS MPO set a quantifiable target for the DMATS MPO planning area,
DMATS MPO will provide to IDOT any supplemental data used in determining said target.
6.06 DMATS MPO will also provide documentation related either to its own target or to its
support of the statewide target. Such documentation shall be provided in the form of a
resolution or meeting minutes and must have been approved by the DMATS MPO Policy
Committee unless delegation of authority to accept or set different targets to a lower committee
or staff is documented.
6.07 IDOT will submit statewide targets and the DMATS MPO targets to the FHWA portal at:
https://www.fhwa.dot.gov/tpm/.
ARTICLE VII
REPORTING PERFORMANCE TARGETS USED IN TRACKING PROGRESS TOWARD
ATTAINMENT OF CRITICAL OUTCOMES FOR THE MPO REGION
7.01 The Parties will work collaboratively to report on the efficacy of the performance targets
within the State's Statewide Transportation Improvement Program (STIP) and Long -Range
Transportation Plan (LRTP) as well as DMATS MPO's Transportation Improvement Program
(TIP) and Metropolitan Transportation Plan (MTP).
7.02 IDOT will develop, with input from DMATS MPO a system performance report (with
subsequent updates) evaluating the condition and functioning of the transportation system,
including the progress achieved by the MPO in meeting the performance targets adopted after
May 27, 2018, pursuant to 23 CFR 450.216(f).
7.03 The DMATS MPO will also provide a report on performance (with subsequent updates)
that will include an evaluation of the condition and performance of the transportation system and
the progress achieved by the DMATS MPO in meeting the performance targets.
7.04 The DMATS MPO will provide, in its metropolitan transportation plan, a comparison to
baseline data of any previous metropolitan transportation plan. If DMATS MPO developed
multiple scenarios, it will provide a discussion on whether the preferred scenario improved the
conditions and performance of the transportation system and how changes in local policies and
investments may have impacted the costs necessary to achieve the identified performance
targets in any metropolitan transportation plan, amended or adopted after May 27, 2018, (23
CFR 450.324 (g) (4)).
7.05 The DMATS MPO will include, in its transportation improvement program, an analysis of
the anticipated effect of the TIP toward achieving the performance targets identified in the
metropolitan transportation plan, linking investment priorities to those performance targets for
any TIP amended or adopted after May 27, 2018, (23 CFR 450.326(d)).
6
7.06 IDOT and DMATS MPO will report on the targets and performance of those targets as
consistent with the requirements established by the FHWA and FTA on National Performance
Management Measures (23 CFR 490) and Transit Asset Management (49 CFR 625; 49 CFR
673).
ARTICLE VIII
ENFORCEABILITY, ASSIGNMENT, AND THIRD -PARTY RIGHTS
8.01 The covenants and agreements contained herein shall be binding upon and inure to the
sole benefit of the Parties and their successors and assigns. No transfer or assignment of this
Agreement, or any part thereof or interest therein, directly or indirectly, voluntarily or
involuntarily, shall be made unless such transfer or assignment is approved in writing by all
Parties. Nothing herein, express or implied is intended to or shall confer upon any other person,
entity, company, or organization, any legal or equitable right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
ARTICLE IX
ENTIRE AGREEMENT
9.01 This Agreement represents the entire agreement and understandings of the Parties. No
oral or other written provisions shall have any force or effect except those contained in a written
amendment to this Agreement, executed by the Parties.
ARTICLE X
NOTICES
10.01 Any notice required by this Agreement shall be deemed properly given to the Party to be
notified at the time it is personally delivered or mailed by certified mail, return receipt requested,
to the Party's address. The address of each Party is below, and any Party may change its
address for receiving notices pursuant to this Agreement by providing notice in accordance with
this Section.
ILLINOIS DEPARTMENT
OF TRANSPORTATION
Bureau Chief, Planning
Office of Planning and Programming
2300 S. Dirksen Parkway
Springfield, IL 62764
JULE TRANSIT
950 Elm Street
Dubuque, IA 52001
7
DUBUQUE METRO AREA
TRANSPORTATION STUDY
(DMATS)
7600 Commerce Park, Dubuque, IA
52002
ARTICLE XI
GOVERNING LAW
11.01 This Agreement will be governed by State and Federal laws, regulations, and policies.
Pursuant to the Anti -Deficiency Act, 31 U.S.C. Section 1341(a) (1) (1994), nothing in this
Agreement shall be construed as binding on the United States to expend any sum in excess of
appropriations made by Congress for the purposes of this Agreement, or as involving the United
States in any contract or other obligation for the further expenditure of money in excess of such
appropriations.
ARTICLE XII
WAIVER
12.01 Neither the failure of any Party to exercise any power given to it hereunder or to insist
upon strict compliance by the other Party with its obligations hereunder, and no custom or
practice of the Parties at variance with the terms hereof, shall constitute a waiver of any Party's
right to demand exact compliance with the terms hereof.
ARTICLE XIII
MODIFICATIONS
13.01 No modification to this Agreement shall be effective until approved by the Parties in
writing.
ARTICLE XIV
COUNTERPARTS
14.01 This Agreement may be signed in multiple counterparts, each of which shall be treated
as an original but which, when taken together, shall constitute one and the same instrument.
ARTICLE XV
TERM
15.01 This Agreement is effective on the Effective Date until as long as is necessary to comply
with Federal Law.
IN WITNESS THEREOF, the Parties have passed and approved this Agreement on the
day and date appearing before their respective signatures.
8
Dated: D W/9/zo 4
DUBUQUE METROPOLITIAN AREA
TRANSPORTATION STUDY
By:
Roy Bu
City of
Mayor
ubuque
Dated: l'313
ILLINOIS DEPARTMENT OF
TRANSPORTATION
By:
Erin Aleman, Director
Office of Planning and Programming
Attest:
Name: it.(, cL1 d e✓ k re
Title: MQ fuo 109(14 r Sec 740, r tc.a/
Dated: - I g Dated:
JULE TRAN
By:
Attest: -
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Na e: �! /�•r ��s ��-� �L
Title: 4',A7 -/V1,,,<
9