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HomeMy Public PortalAboutORD12887 6 l BILL NO. 98-163 SPONSORED BY COUNCILMAN Carolyn McDPwell ,. ORDINANCE NO. a AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE TO EXECUTE CU TE 'AN AGREEMENT WITH MISSOURI _ CITY CLERK _ AND._. MAYOR A � t `"DEIPARTMENT OF TRANSPORTATION FORA STATE AIRPORT OPERATING ASSISTANCE GRANT (AIR-996-40B). } BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Missouri Department of Transportation for a State Airport Operating Assistance Grant(AIR-996-40B). Section 2. The agreement shall be substantially the same in form and content as f' that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date Of { its passage and approval. f=ed . Passed: I "� Approved: Mayor Presiding Officer r EST: APPROVED AS TO FORM: ± , ty Cle Crfy �.or�nselor. ;. �✓i .c w ...fit... t. .... ,.... �t4^. 1SSm1, , 3p !K S r 1 J } 1 e y2?7 f CCO FORM: AC21 ? Approved:roved: 1/99 (RMH) Sponso : Jeffers . I�rc�)ec� No: AIR 99 Revised: , i Modified: ; MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ; ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Higttwa and Transportation Commission (hereinafter, "Commission"), and the City of Jefferson (hereinafter, "City"). C..ity, i WITNESSETH: WHEREAS, the Purpose of this Agreement is to provide financial assistance to the City for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the J©fferson Ci ty Me morial Airport (he reinafter, "Airport") ' and to set forth conditions u0on, which the assistance will be Provided; NOW, THEREFORE, in consideration of the .mutual covenants, promises and representations set forth below, the parties agree as fopov,�s: (1) SCOPE OF WORK: The City agrees all rules and regulations of the Federal Avia on Administration oand aplible F accordance with and State requirements. P ederl (2) AMOUNT OF GRANT: The Commission agrees to reimburse the Ci to sixty-two thousand, five hundred dollars ($62,500) for direct costs to operate the Tower during Period of January 1, 1999 to June 30, 1999. (3) PERFORMANCE OF AGREEMENT: The City shall immediately,notify he ! Commission in writing of any condition or event which may significantly afi'e t its abi f to perform,the activities in accordance with the provisions of the Agreement, a icy ' k ; (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS- i L AID T., ,k (a) The City shall submit to the Commission such data, report s documents, and other information relating to the,.operations 'f the Tower Commission may require at any time. as the t 7, (B) The Commission reserves the right to.inspect and othAr!nrise`audit ail records of the City to determine compliance with t ,hi,,s agreement. Generally s t ISl�torl���una�iaew;rPw�ir s accepted auditing standards and the requirements of the. Comptroller General of the United States "Government Auditing Standards" shall be used as the audit criteria. . t (5) THIRD PARTY CONTRACTS: (A) Prior to execution by Gaither party, the City shall submit to the,: Commission for review, comment, and approval all contracts for services included in the ' Scope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the contractors or i subcontractor of the City or any other person not a party to this agreement in ' connection with the performance of project without specific written consent of Commission. i (6) PAYMENTS: (A) Timing of Payments: Commission payments to the City will b6. made on a quarterly basis. Commission will provide a reimbursement form,to be completed by the City when requesting'funds, (B) Limitations on Commission Contribution: Funds made available to the Commission and City are subject to appropriations made by the General Assombiy. (7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the City, the Commission reserves the right to suspend or terminate all or part ,r. I of the financial assistance herein provided the City is, or has been, in violation of any of I the terms of this Agreement. (8) COMMISSIONS REPRESENTATIVE: The Commission's Director is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The. Commission's representative may designate by rr ` written notice other persons having the authority to act on behalf of the Commission in C k l furtherance of the performance of the Agreement. .ty ._ 9 INDEMNIFICATION: The City shall be responsible-for 1n u or :. d es as a result of any services and / or foods rendered under the terms `and 9 Y 9 !r conditions of this Agreement. in addition to the liability,irnposeo upon tUtg City on`the account of personal injury, bodily injury, including death or propeity damage„suffered as ;a result. of the City performance under this Agreement, The City, assumes the obligation to, save harmless the Commission, including 1ts 'agents, employees grid` zt aesigris, and to indemnity the Commission, including Its agents, employees and t ' assigns, from` ever expense, liability. or payment arising out of su�ch� wrongful or negligent act or omission, including legal fees. The„City also.agrees to hold,harmless ; 4 i the Commission, including its agents, employees and assigns, from any"��ronr�ful or negligent act or omission committed by any subcontractor or other person employed:by; -2- ,f a rt t , or,under the supervision of the City, for any purpose under,the Agreement, and to indemnify the Commission, including its agents, employees and assigns, from. every expense, liability or payment arising out of such w ' rongful or negligent act or omission. (10) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply with all the provisions of Executive Order No. 0403, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Bran h of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the i grounds of race, color, religion, national origin, sex, age, disability, or veteran status. 1t The City shall also comply with all state and federal'statutes applicable to the City f 1 relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; 'title V1 and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Section's 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (11) LAW OF MISSOURI TO GOVERN: The Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the Agreement. g performance of the j g (12) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or respecting p its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) NONSOLICITATION: The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for the City, r; to solicit or secure this Agreement, and that it has 'not paid or agreed to pay any k . company or person, other than a bona fide employee, any fee,' commission, t percentage,, brokerage fee, gifts, or any other consideration, contingency upon or } resulting from the award or making of this Agreement. For bivach or violation of this Warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise '{ recover, the full amount of such fee, commission, percentage, brokerage fee, gifts,=or contingent fee. (14) AMENDMENTS: : Any change in the Agreement, whether, by modification or supplementation, must be accomplished by a supplemental agreement signed .and ,approved by the duly authorized representatives of the City and the ' h Commission. d:+i.s.tocFtdari:.+tF9�z' :r.'dtrt,F.+',:. ;,...n.vi=:i C• 5�'.+.: . .,�, ..... .::x•,o. . ....: . r '., .. ' t l if i f IN WITNESS WHEREOF, the parties have entered into this agreement on the"' � last date written below. Executed by the City this day of_ .�L �, 190 i Executed by the Commission this o?6 day of MISSOURI HIGHWAY AND CITY OF JEFFERSON CITY TRANSPOR ATION COMMISSIO By "f Mntimcm Title ' ecto , Title - a Attest: Attest: t gy- Secretary to the Commission Title-� i Approved as to Form: Approved as to Form: nr r> a Ph. By u c � Counsel for the Commission ' Title C.& ��, ..s.c'/Or r � ( i y. 4 �, r 'Ca VAARRLW RAGREEUCAC2I.SAM " t if t t' 1 yy. t4 S t atn', vi u't `K ��' • 7 c rj 4�. �a�r t s'