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BILL NO. 96-55
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``Y' 4s , SPONSORED BY COUNCILMAN McDowell ! ,,".
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ORDINANCE NO. /o SDI
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI HIGHWAY ;
! & TRANSPORTATION COMMISSION FOR AN AIRPORT AID AGREEMENT AT THE
9 JEFFERSON CITY MEMORIAL AIRPORT. . :F'
t BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
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Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an Airport Aid Agreement with Missouri Highway & Transportation Commission at the
Jefferson City Memorial Airport.
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Section 2. The agreement shall be substantially the same in form and content as "
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date of r,
` its passage and approval. L •;1
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;' Passed: r- -�`?- 9� Approved: ��°?G 9( ,
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Presiding Officer ♦ Mayor
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ATTEST: APPROVED AS TO FORM: ,
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CCO FORM: AC1 Sponsor Jefferson City
Approved: 2/94 (MLH) Project No.AIR 972-40B
Revised: 3/96(RMH)
j Modified:
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
AIRPORT AID AGREEMENT
'} THIS GRANT AGREEMENT is entered into by the Missouri Highway and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson
(hereinafter, "Sponsor").
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WITNESSETH:
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j WHEREAS, the Sponsor has applied to the Commission for a grant of funds
under Section 305.230, RSMo; and
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WHEREAS, the Commission has agreed to award funds available under Section
305.230, RSMo to the Sponsor with the understanding that such funds will be used for a
project pursuant to this Agreement for the purposes generally described in the
Sponsor's grant application/request dated September 2, 1992, and specifically
described as follows:
Replace lighting system
NOW THEREFORE, in consideration of these mutual covenants, promises, and
representations,the parties agree as follows:
j (1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under Section 305.230 RSMo Supp. 1993.
(2) AMOUNT OF GRANT: The amount of this grant is $15,000; provided,
however, that in the event state funds available to the Commission under Section
305.230, RSMo are reduced so that the Commission is incapable of completely ,
satisfying its obligations to all the Sponsors for the current state fiscal year, the
Commission may recompute and reduce this grant.
(3) AMOUNT OF MATCHING FUNDS: The amount of local matching funds,
and/or other resources,to be furnished by the Sponsor is$ 15,000 The Sponsor
warrants to the Commission that it has sufficient cash on deposit,--oil other readily
available resources,to provide the local matching funds to complete the project.
} (4) PROJECT TIME PERIOD: The project period shall be from the date of
ti execution of this Agreement by the Commission to September 30, 1996. The
Commission's representative may, in writing, extend the project time period for good
cause as shown by the Sponsor. The grant funds in paragraph 2 not expended or duly
obligated during the project time period shall be released for use in other projects under
Section 305.230, RSMo.
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r . (5) DISPUTES: Any dispute of fact which might develop as a result of this
Agreement shall be decided by the Commission,
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(6) INDEMNIFICATION: The Sponsor shall be responsible for injury or
'•• damages as a result of any services and/or goods rendered under the terms and
conditions of this Agreement. In addition to the liability imposed upon the Sponsor on
I the account of personal injury, bodily injury, including death or property damage,
suffered as a result of the Sponsor performance under this Agreement, the Sponsor
assumes the obligation to save harmless the Commission, including its agents,
employees and assigns, and to indemnify the Commission, Including its agents,
employees and assigns, from every expense, liability or payment arising out of such
wrongful or negligent act or omission, including legal fees. The Sponsor also agrees to
hold harmless the Commission, including its agents, employees and assigns, from any
wrongful or negligent act or omission committed by any subcontractor or other person
employed by or under the supervision of the Sponsor for any purpose under this w,�
Agreement, and to indemnify the Commission, including its agents, employees and
assigns, from every expense, liability or payment arising out of such wrongful or
E negligent act or omission.
(7) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(8) MISSOURI NONDISCRIMINATION CLAUSE: The Sponsor shall comply
with all the provisions of Executive Order No. 94-03, 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
�-y Executive Branch of Missouri Government and prohibits discrimination against recipients
of services, and employees or applicants or employment of state contractors and
subcontractors, on the grounds of race, color, religion, national origin, sex, age,
disability, or veteran status. The Sponsor shall also comply with all state and federal
statutes applicable to the Sponsor relating to nondiscrimination, including, but not limited
to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended
(42 U.S.C.Sections 2000d and 2000e, et seq.); and with any provision of the "Americans
with Disabilities Act"(42 U.S.C, Section 12101 et seq.).
(9) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the Sponsor with
written notice of cancellation. Should the Commission exercise its right to cancel the
contract for such reasons, cancellation will become effective upon the date specified in
the notice of cancellation sent to the Sponsor.
(10) LACK OF PROGRESS: Any lack of progress which significantly endangers
substantial performance of the project within the specified time shall be deemed a
violation of the terms of this Agreement. The determination of lack of progress shall be
solely within the discretion of the Comrission. The Commission shall notify the Sponsor
in writing once such a determination is made.
(11) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any change in conditions or law which may significantly affect its ability to
perform the project in accordance with the provisions of this Agreement,
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') 1.2 PROJECT INSPECTION( ) AND CHANGE ORDERS: The Sponsor shall
J provide and maintain competent and adequate engineering supervision and inspection
I at the project site to insure that the completed work conforms with the project plans and
I specifications, The Sponsor shall submit to the Commission, for prior approval, changes
i that alter the costs of the project, functional layout, or other characteristics of the plans
and specifications.
(13) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers, or
other devices required for the safety of the public. All markers or devices required on the
airport will conform to Federal Aviation Administration (FAA) regulations or specifications
that may apply. It is also a responsibility of the Sponsor to issue, through the applicable
FAA Flight Service Station, any and all Notices to Airmen (NOTAM's) that may be
required.
(14) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the
airport either as owner or as lessee for 10 years following receipt of last the payment
from this grant. Applicable agreement periods are as follows:
' (A) Land interests-20 years
(B) Improvements- Useful life as determined by the Commission
(15) LAND INTERESTS: When grant funds are used to pay for land or aviation
easements,the following requirements apply:
(A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a
qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and
clear of any encumbrance that could adversely affect the operation, maintenance or
development of the airport.
The attorney's title opinion shall be furnished by the Sponsor to the
Commission for review. The Sponsor shall acquire the property in fee simple absolute
by general warranty deed from the grantors. A copy of the deed shall be furnished to the }
Commission for review. The Sponsor shall record the deed in the land records of the
county recorder's office in the county where the airport is located.
(B) Acquisition of Aviation Easements: The Sponsor shall obtain a
' qualified attorney's title opinion to assure that the Sponsor has obtained the required
interest in and to the easements to be acquired,free and clear of any encumbrances that
would be incompatible with or would interfere with the exercise and enjoyment by the
Sponsor of the rights and interests conveyed, and that the grantors of easements
constituted all of the owners of the land affected by the easements.
(C) Land Cost Reimbursement by Federal Government Use as Local
ti Share Onlv: Since it is the intent of the state of Missouri that funds provided under this
Agreement be used only for aeronautical purposes, the Sponsor hereby covenants and
agrees that it will not request reimbursement from the United States Government for the ;
cost of land acquired with the funds granted under this Agreement; provided, however,
that nothing in this paragraph shall be construed to prevent the Sponsor from using all or
any part of the acquisition cost of this land to make up its share of eligible project costs
incurred under any airport development grant from the United States Government.
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(D) Aeronautical Use: If land interests are not used for aeronautical
purposes within five years, the Sponsor shall at the request of the Commission return the
full amount of those grant funds used to purchase the land interests. The Sponsor may
' request an extension of this time period in writing to the Commission.
(16) AIRPORT USE: The Sponsor agrees to operate the airport for the use and
benefit of the public. The Sponsor further agrees that it will keep the airport open to all
types, kinds, and classes of aeronautical use on fair and reasonable ternis without
discrimination between such types, kinds and classes. ;
(17) SAFE OPERATION OF AIRPORT: The Sponsor agrees to operate and
maintain in a safe and serviceable condition the airport and ail connected facilities which
are necessary to serve the aeronautical users of the airport other than facilities owned or
controlled by the United States. The Sponsor further agrees that it will not permit any
activity on the airport that would interfere with its safe use for airport purposes. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical uses during temporary periods when snow, ice, or other climatic conditions
i that interfere with safe operations.
(18) AUDIT OF RECORDS: The Sponsor must maintain all records relating to
1. this Agreement, including but not limited to invoices, payrolls, etc. These records must
be available at all reasonable times at no charge to the Commission and/or its
designees or representatives during the period of this Agreement and any extension
I thereof, and for three (3) years from the date of final payment ma
Agreement. de under this
(19) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor
shall provide to the Commission a financial summary of the total funds expended. The
summary must show the source of funds and the specific items for which they were
expended.
(20) OVERPAYMENT: If the Commission determines that the Sponsor was
overpaid,the arnount of overpayment shall be remitted to the Commission.
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(21) AMENDMENTS: Any change in this Agreement, whether by modification
i or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Commission.
(22) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any I
interest in this Agreement without the prior written consent of the Commission. I'
(23) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
F designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
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(24). VENUE: It is agreed by the parties that any action at law, suit in equity, or
r other Judical proceeding to enforce or construe this Agreement, or regarding its alleged i
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(25) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission and information supplied by the Commission
i shall remain the property of the Commission.
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I ( (26) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
»>'> by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
E Sponsor responsible for damages.
f IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below. ' „
Executed by the Sponsor this�IZGti/)
day of
Executed by the Commission this A�day of , 19 96 .
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
By A w J By. GGecA
j Title Deputy Chief Engineer Title /Ll' YO r
Attest: Atte t.1
�+n, By �tvvtl
Secretary to che Commission
Title 1/
Approved as to Form:
Commission Counsel eso u Ion No.
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City C nselor
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