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HomeMy Public PortalAboutORD11995 ,;,,�°' �,` S���A ��tiT*'.=F2"°rrr�.�l,-tp7,'yii'� y^�Y�j'^tayiuPz�a(fg�`4"�'i34'P•f4y�`2+e!`=^`!4�`�'t,AYJ #kf BILL NO. 93-118 SPONSORED BY COUNCILMAN HAAKE AND BERTEL :{ ORDINANCE NO. 11995 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A PROJECT COOPERATION AGREEMENT WITH THE DEPARTMENT OF THE ARMY AND CEDAR CITY DRAINAGE DISTRIC'T, INC. AND A REIMBURSEMENT AND RESPONSIBILITY AGREEMENT WITH CEDAR CITY DRAINAGE DISTRICT, INC., BOTH RELATED TO THE REPAIR AND RESTORATION OF CERTAIN FLOOD CONTROL IMPROVEMENTS. 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 between the Department of the Army through the U. S. Corps of Engineers and the Cedar City Drainage District, Inc. and the City to request the Department of Army to repair or restore certain flood control improvements damaged by recent flooding. ,Section 2• The project cooperation agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Seglion 3. The Mayor and City Clerk are further authorized and directed to execute an agreement with the Cedar City Drainage District, Inc., for reimbursement of costs and assumption of responsibility. Section 4. The reimbursement and responsibility agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit B. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved:_7_/• - � � dog. O9 3 Presiding Offic May r ATTEST: Deputy City;Clerk Y l 1 .. t..'��.. f s;`Ll ,L f ! ,_.,...3'. 1" � ., '... y.:.•',�^=»},��`'4 x. :' ; ,y r .,�'s+....}r -+.ca ro'r,«} x sr �r�• n.. .�._r _"�n?�a•.!n�Rlrn �n11:+An1[� w�Ir .iF, -''t.1:,'dj.?f�'+ OF."%jt''�v;.4 }• ,,ub 1S'Ir°.rnl.. Si .a Y' t,3 .r; •ti>'.b K�r a. t x �j��f"i•4: fat . • — — — — — � — • • — • —• K Yr�+� • • — — • K )S. �t:; r^� 1 • � 1 vi .7 i? t 't� zl§, a f �'7i'yk r ! :rr- .i:i '+' z:l' '? r 'y':lt:",`.�.,.t��'� !f I t,;':t 1y� V',4.Tr;„ .r, k'..•ti+J';t�t l'..4r+'<1$=xt�n>y`L7p 'jt,f}t :Yi.4ri!,t:•}. ,�. .. VIM,t" M. � v-,p g? fr fi? 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''" ''2 r.>r 1 �,r,,.,•.,• a .t }t' i .� y f ct >t ,.�r. x {o :if,r;� ti*r°r:.yt r !' .r.: s�."�•r. f fy e..51'i f.'. �:��k.°tr 4,'"�}u �.�.�,s{(.1��,V ',IS! �nS }ft `7.^ .d' I, C. IS .t ,r ,1:. r s �� .l „figg :'I#.k•�, f ���k. �,ly..,.�� [[���'i I � .t;.a rr.' fi� 3 ppj 1 E� �. ' r 44 y, ..,i f t t rM1rf 't''•}l Nc• S:XIX S ,1. .Sb Ttf .1�'d.i}�,.r .�( gt�,i± ,��U�' .)� .0�,{; F'f 1�;:::.LJ ,.r .,(t L'� � �� t /f�'A . .: �A. ..L 'Y .,4.rruY+A .A 4 ,.t }; ��, 1 i'^ ; `,�'� i1 Y�� �f ;kL .�3:i..� f:•. �.`- r:. 1 ; k Y C. PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CEDAR CITY DRAINAGE, INC. AND THE CITY OF JEFFERSON, MISSOURI, FOR LEVEE RESTORATION ON ITEM 35, SECTIONS 1 & 2 " t CALLAWAY COUNTY, MISSOURI THIS AGREEMENT, is by and between the Department of the Army (hereinafter referred to as the "Government"), acting by and through the District Engineer,Kansas Cit District U. S � � y . Army Corps of Engineers,and the following two (2) co-sponsors: Cedar City Drainage, Inc., a not-for-profit corporation acting by and through John Meyer, its President, and the City of Jefferson, Missouri, a municipal corporation organized and existing in accordance with the laws of the State of Missouri, acting by and through Louise Gardner,its Mayor, said entity being a public sponsor for the above-named drainage district. The co-sponsors are hereinafter referred to jointly as the "Local Sponsor." WITNESSETH: WHEREAS,the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by recent floods pursuant to Public Law 99, 84th Congress, as amended; and ` WHEREAS, the Local Sponsor has asked the Government to repair or restore certain flood control improvements damaged by recent flooding in accordance with Public Law 99, 84th Congress, as amended, and established policies of the U. S.Army Corps of Engineers; and ! WHEREAS, the work to be undertaken (hereinafter referred to as the Project) is described in a report entitled "Project Information Report, Cedar City Drainage, . Inc., Sections 1 & 2, Callaway County, Missouri, No. 35," prepared by the District Engineer, U. S.Army Engineer District, Kansas City, dated September 13, 1993, and approved by the Division Engineer on September 27, 1993; and .WHEREAS, Cedar City Drainage, Inc., a not-for-profit corporation, does not meet sponsorship criteria as established by U. S. Army Corps of Engineers regulations; and WHEREAS, the City of Jefferson has agreed to co-sponsor Cedar City Drainage, Inc., until such time as it completes organization as a levee district in accordance with statutory law or fifteen(15)months from the date of execution of this c:\contracts\realest\cedarcty.agm l 4 + x t.( 7�t• Agreement, whichever occurs earliest in time. After such organization, the City o£ . G Jefferson will no longer act as a co-sponsor; and 7 A WHEREAS, the City of Jefferson hereby represents that it has the authority and legal capability to furnish the non-federal cooperation hereinafter set forth and is willing to .participate in the Project in accordance with the terms of this Agreement. r NOW,THEREFORE, the Government and the Local Sponsor agree as follows: ARTICLE I--DEFINITIONS AND GENERAL PROVISIONS it. For purposes of this Agreement: ' A. The term "Project" shall mean the restoration of both levee sections to the grades and cross sections that existed prior to the flood event. Damage consists of iA topwash and sidewash on Section 1, and one break at Stations 39+67 to 40+47 of j Section 2. In addition, the entire levee unit will be reseeded. =r, B. The term "total project costs" shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project. Such costs shall include, but not necessarily be limited to: actual construction costs, including supervision and inspection costs; costs of contract dispute settlements or {4 ° awards; and the costs of investigation to identify the existence of hazardous substances as identified in Article XIA.; but shall not include any costs for operation and maintenance; any increased costs for betterments; or the cost of lands, easements, rights-of-way, or relocations. C. The term"betterment" shall mean the design and construction of a Project feature accomplished on behalf of, or at the request of, the Local Sponsor in accordance with standards which exceed the standards which the Government would otherwise apply for accomplishing the Project. D. Duration of City of Jefferson Local Sponsorship. The City of Jefferson r s agrees to co-sponsor Cedar City Drainage, Inc., until such time as it completes statutory organization or fifteen (15) months from the date of execution of this Agreement, whichever occurs earliest in time. ARTICLE II--OBLIGATIONS OF THE GOVERNMENT AND LOCAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using funds provided by the Local Sponsor, shall expeditiously construct the Project applying those procedures usually followed.or -2- c:\contracts\realest\cedarcty.agm i . 1� f { r;4 i.z,:[A .Z?�r _ :.}',. i _ �aiirr�..:.�i. r. ,..:`:.. .�. �... ....�., .. �'. ..,. i.,�': ,., .'.;•�_r. ....,�.._�L'..i}';"'�ir .i f-.�.r.�L�.H._ ... ._�t...: 9 e Y i 1 �f'r��: •� C f. .k:k:�-. .9L applied in federal projects, pursuant to federal 'laws, regulations and policies. The Local Sponsor shall be afforded the opportunity to review and comment on all contracts, including relevant plans and specifications, prior to the issuance of invitations for bids. The Contracting Officer will, in good faith, consider the comments of the Local Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Project (whether the work is performed ' under contract or by Government personnel), shall be exclusively within the control of the Contracting Officer. B. As further specified in Article III,the Local Sponsor shall provide all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Government to be necessary for construction,, operation, and maintenance of the Project. C. As further specified in Article IV, the Local Sponsor shall provide in cash, in-kind services, or a combination thereof, a contribution toward construction of the Project in an amount equal to twenty percent (20%) of the total project costs. D. No federal funds may be used to meet the Local Sponsor's share of total project costs under this Agreement,unless the expenditure of such funds is expressly authorized by statute as verified in writing by the federal granting agency. E. The Local Sponsor shall hold and save the Government free from all damages arising from the construction,operation and maintenance of the Project and any Project-related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. F. The Local Sponsor agrees to participate in and comply with the policies and procedures of the U. S. Army Corps of Engineers Inspection Program. G. The Local Sponsor may request the Government to accomplish betterments. The Local Sponsor shall be solely responsible for any increase in costs resulting from the betterments and all such increased costs will be paid in advance by the Local Sponsor in accordance with Article IV. ARTICLE III--LANDS, RELOCATIONS, AND PUBLIC LAW 91-646 _ A. The Government shall provide the Local Sponsor with a description of the anticipated real estate requirements and relocations for the Project. Thereafter, the Local Sponsor shall furnish all lands, easements, and rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and perform any relocations, as may be determined by the Government in that description, or in any subsequent description, to be necessary for the construction, operation and -3- c:\contracts\realest\cedarcty.agm +. Nf,/ik •+ 1+ y ,�.. ff,� rI , cy .ti'_ VyO; f. t _7`.�•r�,r.Y.e c. - -' _.. ..! .Ne.�.. . r maintenance of the Project. The necessary lands, easements, and rights-of-way may be provided incrementally for each construction contract. All lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the advertisement �f of that construction contract. B. The Local Sponsor shall comply with the applicable provisions of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights- of-way,and performing relocations for construction,operation and maintenance of the Project, and inform all affected persons of applicable benefits, policies and procedures in connection with said Act. ARTICLE IV--METHOD OF PAYMENT A. The Local Sponsor shall provide, during the period of construction, cash payments, in-kind service, or a combination thereof, required to meet the Local Sponsor's obligations under Article II of the Agreement. '.Dotal project costs are currently estimated to be Twenty-two Thousand Nine Hundred Sixty Dollars ($22,960.00), and the Local Sponsor's share (cash and services in kind)of total project costs is currently estimated to be Four Thousand Five Hundred Ninety-two Dollars . ($4,592.00). See Attachment "A" for the Local Sponsor's contribution in cash and services in kind. The dollar amounts set forth in this paragraph are based upon the Government's best estimates which reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Local Sponsor. t. B. The required cash contribution shall be provided as follows: At least ten (10) calendar days prior to the award of the first construction contract, the Government shall notify the Local Sponsor of the Local Sponsor's estimated share of the total project costs, including the Local Sponsor's estimated share of the costs attributable to the Project incurred prior to the initiation of construction. Within five (5)calendar days thereafter,the Local Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO USAED, Kansas City" to the Contracting Officer representing the Government. The Government will draw on the funds provided by the Local Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Project as they are incurred, as well as project costs incurred by the;Government. In the event that total project costs are expected to exceed the estimate given at the outset of construction,the Government shall immediately notify d ' -4- c.•\contracts\realest\cedarcty.agm r t i• the Local Sponsor of the additional contribution the Local Sponsor will be required to make to meet the Local Sponsor's share of the revised estimate. Within ten (10) calendar days thereafter, the Local Sponsor shall provide the Government the fiill amount of the additional required contribution. C. During the period of construction, the Government will provide quarterly financial reports on the status of the total project costs and status of contributions made by the Local Sponsor. Upon completion of the Project and resolution of all relevant contract claims and appeals,the Government shall compute the total project costs and tender to the Local Sponsor a final accounting of the Local Sponsor's share of total project costs. 1. In the event the total contribution by the Local Sponsor is less than the Local Sponsor's required share of total project costs, the Local Sponsor shall, no later than ninety (90) calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Local Sponsor's required share of the total project costs. 2. In the event the total contribution by the Local Sponsor is more than the Local Sponsor's required share of total project costs, the Government shall, no later than ninety(90) calendar days after the final accounting is complete, subject to the availability of funds, return the excess to the Local Sponsor; however, the Local Sponsor shall not be entitled to any refund for in-kind services. In the event existing funds are not available to repay the Local Sponsor for excess contributions provided, the Government shall seep such appropriations as are necessary to repay the Local Sponsor for excess contributions provided. ARTICLE V--OPERATION AND MAINTENANCE A. After the Contracting Officer has determined that construction of the Project is complete and provided the Local Sponsor with written notice of such determination, the Local Sponsor shall operate and maintain the completed Project, at no cost to the Government, in accordance with specific directions prescribed by the Government in ER 500-1-1 and any subsequent amendments thereto. B. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which the Local Sponsor owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating and maintaining the Project. If an inspection shows that the Local Sponsor for any reason is failing to fulfill the Local Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Local Sponsor. If after thirty(30) calendar days from receipt of such notice the Local -5- a.\contracts\realest\cedarety.agm ''�`. ..<. ..� ,' ... . � .Y ' �s(�•,. f �# �'s ' _ v l� ,.,,;µ"S,',i,ry :45, #« ` «�rtYh'�`., s. `..aa .. � fi7...�`K,.y�, r?p• jt .____..___, _.... iM`b c= Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner,upon lands the Local Sponsor owns or controls for access to the Project for the purpose of completing, operating and maintaining the Project or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Local Sponsor of responsibility to meet the Local Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE VI--FEDERAL AND STATE LAWS In the exercise of the Local Sponsor's rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable federal and state laws and regulations. ARTICLE VII--RELATIONSHIP OF PARTIES The Government and the Local Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent or employee of the other. ARTICLE VII--OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX--COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Local Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in the Government's discretion, to add to. the Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE X--TERMINATION OR SUSPENSION A. If at any time the Local Sponsor fails to carry out its obligations under this Agreement, the District Engineer shall terminate or suspend work on the Project, -6- c:\contracts\realest\cedarcty.agm ...ef.'J. x ,. i*w. K.. .. r1 . 1ratlMr._ l .. "�. ;,1 • .7e' "_�} I,ta. .... 1.1.. .�... _(;. ia'���°+ '.�_5.}�uJ l 4�... f.�.a':....�4iPE .. .. .s..�rr. t. S Y Engineer determines that continuation of work on the, Project i unless the District EngYn in order to satisfy agreements ve in the interest of the United States or is necessary with any other non-federal interests in connection with shall not affect existing incurred. deferral of future performance under this Agreement urslY i u this • Lions or relieve the parties of liability for any ©slA reement p ugly obligations In the event that either party ude their activities ies relating to the Project and Article,both parties shall con eement. I to a final accounting in accordance with Article N of under this this Agreement pursuant that either party elects to defer future performance in effect untiltsuch time as either the to this Article, such deferral shall remai or the Local Sponsor elects to proceed with further construction or E Government terminates this Agreement. AR,TICLE XI--TdAZARDOUS SUBSTANCES r execution of this Agreement and upon direction by the Contracting such A. Abe erform, or cause to be performed, officer, the Local Sponsor shall p b the investigations for hazardous substances as are determined and eaten of any Government or the Local Sponsor er tidentify the hem, Environmental Res lands � hazardous substances regulate Compensation and Liability Act (CERCLA), 42 U.S.C. nn 9601-9679 ctual costs Connpe operation and necessary for Project construction, op rly allowable and allocable to incurred by the Local Sponsor which are prope t: performance of any such investigations for hazardous substances shall be include in total project coats and cost shared as a construction cost- discovered through an investigation for hazardous areas B. In the event �t is ch rights-o£way or disposal substances or other means that any lands,easements,rig regulated hazardous substances regal rompt notice to be acquired or proveoe Sponsor oared the Government shall provide p 3 under CE]RCLA, the p and the Local Sponsor shall not proceed with the a gma�txon of lands, {.. to each other, easements, rights-of--way or disposal areas until mute y agr ate C. The Government and the Local Sponsor shall determine construction construction of the Project or,if already cffon of the Project for the convenience of the t; of the Project, or to terminate cons aced under CERCLA are Government in any case where hazardous substances regal n an lands necessary for the Project. Should the Government and found to exist o y 'ne to proceed or continue with construction after the Local Sponsor determine and all �> liability that may arise under CERCLA, the L sor, for any shall be considering any ,. responsible, as between the Government and n include the costa of zany studies and necessary clean up and response costs, necessary to determine an appropriate response to the contamin on. investigations -7- c:\contracts\realest\cedarcty.agm r � b t i i`. a 4. Ir r t .n t �w� k' '"it ' Ii I"";��;e S` ..'g• .s Such costs shall not be considered a part of total project costs as defined in this Agreement. In the event the Local Sponsor fails to provide any finds necessary to pay for clean up and response costs or to otherwise discharge the Local Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Project or proceed with further work as provided in Article X of this Agreement. D. The Local Sponsor and the Government shall consult with each other to assure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C of this Article shall r not relieve any party from any liability that may arise under CERCLA. E. As between the Government and the Local Sponsor, the Local Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the ! ° maximum extent practicable, the Local Sponsor shall operate and maintain the Project in a manner that will not cause liability to arise under CERCLA. i 'F ARTICLE XII--NOTICES A. All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first class (postage-prepaid), registered or certified mail, as follows: I ' If to the Co-Sponsors: r Louise Gardner, Mayor City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 and r, +' John Meyer, President Cedar City Drainage, Inc. 213 Woodridge Jefferson City, Missouri 65101 -8- c:\contracts\realest\cedarcty.agm f x a�''�i 'y}vt c..i:4 a.,:..t*�F`ja` Y a itc ..�y.Y 1 L'•a .kwXr.'R If to the Government: District Engineer Kansas City District Corps of Engineers 700 Federal Building 601 East 12th Street Kansas City, Missouri 64106-2896 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request, demand or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is either personally delivered or seven (7) calendar days after it is mailed, as the case may be. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. THE DEP MENT OF THE ARMY By: Richard . Goring, Colonel Corps of Engineers District Engineer Date Signed: ., — "GOVERNMENT" k, CEDAR CITY DRAINAGE, INC. CITY OF JEFFERSON, MISSOURI By: By:John Meyer, President Lotu a GardnggWlayor Date Signed: Of–,2S -'93 Date Signed: ' "LOCAL SPONSOR" -9- cAcontracts\realest\cedarcty.agm a ,s svj'F.t,,pp r .ta.. '` .�.?t/ �s y,. y 3?.7i t;'y,,•.:; a 'L Fyy}.w..yy++!! ro ,h CERTIFICATE OF AUTHORITY I, Joe D. Holt, do hereby certify that I am the principal legal outer of the Cedar City Drainage, Inc., a not-for-profit corporation(Local Sponsor);that the Local Sponsor is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Local Sponsor in connection with the Project and to pay damages, if necessary,in the event of the failure to perform, in accordance with Section 221 of Public Law 91-611; and that the persons who have executed this Agreement on behalf of the Local Sponsor have acted within their statutory authority. IN WITN SS "REOF, I have made a d xecutqd certification this day of 1993. Joe D. olt, Attorney for Cedar ity Drainage, Inc. tr: . 'M CERTIFICATE AUTHORITY r ; t` I, Allen Garner, do hereby certify that I am the principal legal officer of the City of Jefferson,Missouri(Local Sponsor),which is the public sponsor for Cedar City Drainage, Inc.; that the Local Sponsor is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Local Sponsor in connection with the Project and to pay damages, if necessary, in the event of the failure to perform, in accordance with Section 221 of Public Law 91-611; and that the persons who have executed this Agreement on behalf of the Local Sponsor have acted within their statutory. authority. 4 ' IN WITNESS WHEREOF, I have made and exe d this certification this day of Alnoi-7i.,,,her 1993. Allen Garner, City Counselor Attorney for City of Jefferson, Missouri -10- c\contracts\realest\cedarcty.agm 'r r "+ r .i " h'+ v.. " �'ri..r: x "w�1>, °✓ a ity'+ t:,}' vyx.. u� 0�. a z`. CERTIFICATION REGARDING LOBBYING The undersigned certify, to the best of their 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 of employee of any 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 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. M 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000.00) and not more than One Hundred Thousand Dollars ($100,000.00) for each such failure. John Wyer, President Louise Gardn . ayor Cedar City Drainage, Inc., City of Jefferson, Missouri, Local Sponsor Local Sponsor E Date Signed: ! 2 Date Signed: -11- ` c:\contracts\realest\cedarcty.agm I j 7 ?t. _ ra• .X f, ��Z .y> ` 1�`.� <�',`� n..::�3Y3. ' y t:( tr f-,'�' , 'r q ;$i.� yuu.,1 ,,1. k7Rt ' ?'r%x!i�lit •j RIGHT OF ENTRY .r� Cedar City Drainage, Inc., snot-for-profit corporation, hereinafter called the "Corporation," in accordance with the terms of our Agreement, dated 1993, by and between the City of Jefferson, Missouri, our public sponsor, hereinafter called the "Co-Sponsor," and the United States of America, hereinafter called the "Government," for repair and rehabilitation of flood control works under Public Law 84-99,hereby grants to the Government an irrevocable right- of-entry upon the following terms and conditions: 1. The Corporation hereby grants the Government, its employees, agents and contractors, their successors and assigns, an irrevocable right to enter immediately upon the lands, easements, and rights-of-way owned or controlled by the Corporation +; which are necessary for the repair and rehabilitation of the flood control works (hereinafter called the "Project") identified as Item 36B and located in Callaway County, Missouri. Such right to enter includes a right of access to the Project and the use of borrow and spoil areas in accordance with the plans and specifications prepared by the U. S. Army Corps of Engineers. 2. This right-of-entry includes the right of ingress and egress on other lands of the Corporation not herein described, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. This right-of-entry also includes a right to enter at reasonable times and in a reasonable manner, upon land which the Corporation owns or controls for access ' to the flood control works or structures, and appurtenances tliereto, for the purpose of future federal inspection of maintenance. Y" 4. This right-of-entry will terminate fifteen (15) months from the date of this .s instrument, with the exception of the right to enter for the purpose of future federal inspection of maintenance, which right shall extend for the life of the project. ' 5. In addition to this Right of Entry,the individual landowners have executed the attached Rights of Entry to the Corporation. EXECUTED this �� day of ��' ) 1993. t John eyer, President ;. Cedar City Drainage, Inc. APPR D: At rney for orporation -12- c:\contracts\realeot\cedarety.agm r t ' �.�4'+& ur ,u ,r^ . .Yk rry .Y�'. ��.• .!. .. "kF. t3 �. . �:! p,�ti+, ..�'±..- t � Ekk,•, Dy i 4 s x,+, � ,k.r T . k h ' _ t 2.•�o B3 a .. �aS CERTIFICATE OF AUTHORITY I hereby certify that I am S'e�re��� _ of the Corporation described in and which executed the foregoing Right of Entry; John Meyer, who executed said Right of Entry was then President of the Corporation and is duly authorized to execute said instrument on behalf of said Corporation; and that the signature affixed to such Right of Entry is genuine. IN WITNESS WHEREOF, I have hereunto set my hand this A3 day of 1993. CEDAR CITY Drainage, INC. Title 5'c c v z 4't V-j4 t, -13- '... c:\contracts\realest\cedarcty.agm r .:v .�.. , { t .1,�2�I+igi; i , .��j. Wi . :i' � a. �'Yk •� ii Y ',;y„.#. .,,h, r;133,' i U +.. i ''�t.� 1:. +i.¢:'•-�'t;�.: _. . n .._.fi.''- ._ rv,.. r; a ts�.�• _� ;'.1'._. x` .._�....._._. _. .7:........:T_._;Lj`iY... _ .._ ......t .}•�.�recr'�'S.v..._ .. ,. .. f,. a.:.,. !' 7�� .b5, �}`3iDf•*,•'A'�"w. `�'t .+r} .s^Y•.Jr+"a*''l.IR'y' .�.�""` +}�• ..�'';t#'.�!! ,,. k '' ': ,ybth•"_p.:r•`?f.i.. ' !' f r. 1- e� n: t � � '^ri E� • of is L' dti �r..., , � • �. � � � • Ili s Y 1r l Y. 11 � � • � • • 1 aFad t • n C xra 6.. it ! S .0 7 A' eh' z: Of W.�� .1 f'^ ) + 'r f' 1 i rJ + .(.�rt)) ) 11 }r �Ii�) Lr .T.i f S .�.,rip YJ.{' ?k} '+f . S: + ifi , l• i. 0 . ,., J � ti t• � S :§S �{�S {i Ml {�� t:'l r{r Yifll `y, r}.p5 I !�. S} � .i4 J}f if � •'. ti ,,J r f ! .,'. J , .y., ...� \�. Z � t^ ,I , i�,: .a a +� t.`t. ar ts�+Iyy.: y�.,r'.il a+ t �..%4' '!�), � -• � 1^� 1 �\ ` S �f t+Y.{ ys ili.'.1�}+ ,�t ;4) Yp +•p,"'y ',,11�,t3�1µ+.YtT r J.r,p,� +t �iy.2 ?.t'�yy,�'��� i�•.r1, �.�.mj'^.:'Y F"'I` t �Q~ :A• .y�r I;1� 1 �I ��7u��.. i l' S. pf,..Y:,,,4. >rt a ,;,a2,sy,' I I ;,5',f., q,•! r':,y .flA,� ��,, n,.r;`'Y s'+"t�s 9 '+)iSt �t?f ,y+. <. .� t \ ,� e `* AGREEMENT BETWEEN THE CITY OF JEFFERSON MISSOURI AND CEDAR CITY DRAINAGE INC. THIS AGREEMENT, entered into this 26Pt r by and between the City f Jeffer '-- -:---- day of 1993, Y son, Missouri (hereinafter called the "City"), executing this Agreement, and Cedar City Drainage, Inc., a not-for-profit corporation organized and existing under the laws of the State of Missouri (hereinafter called "Levee District"). WITNESSETH: , pursuant to P.L. 84-99 and 33 C.F.R. Part 203, the City will act as co-�EREAS sponsor for the Levee District levee located, to-wit: See Exhibit"A," which is attached hereto and incorporated {° herein by reference. " r WHEREAS, pursuant to P.L. 84-99, the City will enter into a Project Cooperation Agreement (hereinafter called "Agreement") with the United States Government and the Levee District for repair or restoration of the levee described . above; and WHEREAS, the City will undertake certain obligations and responsibilities as Project co-sponsor pursuant to the Agreement; and WHEREAS,the Levee District agrees to indemnify and hold the City harmless .;, for and from any financial obligations, maintenance responsibilities, and legal fees which the City may be required to pay under the terms of the Agreement. ' NOW, THEREFORE, the parties agree as follows: 1. The Levee District agrees to fulfill all the sponsors' obligations under the terms of the Agreement. ` 2. If the above-mentioned levee is damaged as a result of high waters the + Levee District will request the City, as the "co-sponsor" to make a request for field investigation by the Kansas City District Corps of Engineers of said levee. 3. If said levee is eligible for P.L. 84-99 assistance, the President of the Levee District will request the City, as co-sponsor, to request that the Kansas City District Corps of Engineers take all necessary steps to accomplish the appropriate repairs. c:\contracts\realest\cedarcty.lev .. . �. '. 1 ! ._i .. F;4s . .. ', (..4 i°`t. � F. , .H .t :. a•� .SY �f '¢a1tr ,r �wt t.. A b M1 trtPktbukS�4r. ` 4. If the Government commences construction of the repairs of the above- described levee under the authority of P.L. 84-99, the Levee District, in consideration . thereof, shall: µay (a) Provide, without cost to the City, temporary easements, and rights- ; f of way necessary for the repair of said levee. (This includes rights-of-way for borrow areas suitable to the United States, and means of access thereto.) (b) Contribute in advance an amount equal to at least twenty percent (20%) of the total cost of the authorized work, which may be in cash (provided prior to the award of a Federal Construction Contract for the authorized work) or by in- kind contribution. The value of any in-kind contribution shall be determined by the District Engineer, Kansas City District Corps of Engineers. work. (c) Hold and save the City free from damages due to the authorized .f (d) Maintain and operate in a manner satisfactory to the Chief of Engineers, Kansas City District Corps of Engineers, all the works after completion of the authorized repairs. (e) Contribute one hundred percent (100%) of total cost of any legal fees that would be incurred by the "co-sponsor." (f) Comply with the applicable provisions of P.L.91-646 in acquiring any real estate interests needed for construction of said repairs. (g) Comply with Section 601 of Title VI of the Civil Rights Act of 1964 r (P.L. 88-352), which provides that no person shall be excluded from participation in, denied the benefits of or be subjected to discrimination with respect of the authorized works on the grounds of race, creed or national origin. y' IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the day and year first above written. CITY OF JEFFERSON, MISSOURI Twaybr c- ATTEST: City.Clerk [Signatures Continued on Page 3 Hereof] -2- c:\contracts\realest\cedarcty.lev MEN 4 t r 1 � �.•��... '...,�_ .x. r,. . ^,�c�:+�.sei� \.. i.ii..tea_ .T ;t .t N� t 'k. 1 • pp4 4' r. R' f h a t, is k: r; i i� `v p� V' :f ff G f� (L• G F' r :.: 1'. k' r �y. � ,. .,• �1 - 2 , t I .r � � � r �rri � :� rt} r { S j ( •t � '�'V. ` t t 1 S ( c r, 1 �!' 3 br i 1 tl.•S 3 y t f �� 4 }1, t...t f�'y rl ,rf t• 1 't .,�.1 � t iV 4 3 ': i.;.f is 3 t f.r .,d .t .3S. ,r,' ryr �,s 3�..�t J�, tis tr ,i y, ♦t ! i^t ..1 .`� 4i'p '•1 "b`;.�I ,�rjr "• t�r ftc 3 :1?: 4.nl,c: ..,t;l� � fa•}..:i.i '3 ;Lj+.ah t;,.y .t,a.�A..,� ' t ,Srt ( 4yl'�;'�`ir r .- t. 1• .. . t „i✓:� 3 � '.,�I�:�?.;�r C s ,k{sla:}.:y 0 .sJ,tC t ;��a 1 t � .ytr','y � "�... r.t tht a,.t� r 'llr�,'� , ' .iai. t r5!"r t S � H 1 .,t.. .r Stlir a.•:, ! / 7 . . � �' w.p +.�:; . �`�, i.�, � .�• �` ,sG� �s .d.a4 t.,'t < a� i� 'x;.s rm t„>;<' h}' , 3 Sr '� .0 ��+� � Rt, '�.; �`Y;3�1 �,. aS d .t t:}:' v t�,•'��rte''' 7 �� ? � `";'f}' shl,y.'`;; ' ',. �,L*•`"` r� ri'' 1, p o.�t. ,t�tS'�'1i ' ;�'� R?-Y�.'����s�t. {�y t��r��t� a ` i''r r.. i t � t br `.,Ji ..'•. `�. r x' 5 ' � tr �,.s i�r i..{�^.YF!h� s,f�y�rrwSt )'. +.1 . •`i- '3s . ':fix .'. ;.y4y_'.rpm .., it �l`rira�4� 'r,�t';rEi�`"Ja74 C J F `Y !x. t� EXHIBIT ,t A k y iT BYginml.i)q .r5- 51) rha iris "�c?',4 l— 4i �hE. Center C^,r??.el '.7 ^_ �'G'Nrt51a1 KS .C)1t;r, fc<1'llge 21 SY&st, Callaway �;ol).t1ty, MiS•,^5•a ri;the c t North t:o t:he• t•?orth bcond. r _ % n t};r scale existed 10/11r/ ary .�.. ':'�he Gzt}- cQ �eF.fe�'s�n, Atis�c�ax.i thence shad bM • 3 ; :;:+�rx.re North and Y'(7i ;t al,una ,�d with• ' as �a,:d y 1.: c,_f. the city of. t pr-re•r�Ur_ c1._0a: ' "' the i._•(q a1E $ , c .,.n U. r y and r..on#:.cr�u �tg . a:�r1 a � ` ,. * g L S. H._ 1-,.ra �:4 boundary 1 a in;f. sc s 1 ,,l,a y 1 Lne i..a h.e pa 1 n t: where tr'ir� MisS01Arj.'-'-K3nzas-Tex r ,2 -.i9i�.t-c f"Wav of the fo ]TIEr thence Z►t .;h Said i?t1rt..'a .�:i.;'t'� Oj' t East k�aty Trail) ; ,;�;;;.�•+��%; .. `. � � 't'le �df-� T!�3:�. r.1�.t Ssafrk, z Ea ,t r'j'gbt_c •way .pine Of U r' I•ii rd. �rJl]th to tk:a lli ti2E�IlCC' $!Jt til c'�.i1l1 T�7e'si: !� a exist( the t ., lon: said East right--01:-way 1 o e Las and yl_t= c::ent�x L 1.17e .t .r f , e.s line t said c t L.h aaala Section 1.0; t1le:1C:Et Fas' along �n.rx.'1.'r,.E to t:he {fwxttter) E as-c side of the Jefferson ty Jez E:_scart Cit r and F:tlton Pl:blic: T =aaa< gnaw k::t?i.ry t;ie yJest line o �.... '• Property, .in ? L^1 I lLtl D;^r c Rc�,c". r' the- AB,1. Proper y', as County Rer-order s officcy rte., d �..aok, y2961 wage 991.0, Callaway (farae1 �.W. Bartley's Iand) ; thence Sauna alC�tag ;�t,u wit.;: the hest 1 i:ze of the 1 :;.n:� :��tercle'ci ��ca�`i^.zr C •tw1 1 ,BBB RropEa:cty and. said west ( ,k . Ra'► ey and! , to the r foK s 24ox-tjj line i Sury e y number 2633 he c�} west 100 feet t o the Northeast corner of the^Iark �eh ��: er Pic ky y' Snel i erl proPezty (as dr:sc x•ibed in ti Recorded Book 19f1 page 307) ; thNn;,,e South 171 .48 Deed line of said property a � fE'r.t~ a1ort, {.:he. Ra.sir Northw is N 64 e �.1 thy. corner L a. ( c�,::a•rees 1.� ' �(,'t west' w t:taareof; t?aeaac2 fEe� t:c; the North F,.vu:adary Line of S �`�t the sail �'ol1„darl� 33::.8.1 said ATrtrth Stlryi'�. line �-j } T urve� 634' , fh��:::c:e cont., oil �Y . o he West line Gf sect:.ion 10, Township 44 , Range 11; thence South alone and wi4-:a -l.e West liree c:f st.'tir�n 10 'Go feet to the l�'crttiwest Cc,is r,r�' c- ' --� , r• . � South along and. with the West- �f Sei"t� ": 5 , thence: continuing Of 'former N:;,r,- ,; � 3 ine of SUZA ey 2638, t;o the North line c �� Mate Hicrhway 94 (also kn;wn as County Road 4038) ; thence South and East wi,h the North ri. b t-�o f-way ,il,e of said road to the West boundary 1;ne of th g.,. Deed reco deza nook 198 e Oetti ng property as described in ReRec.rds; thenoE t�;.: t , page 85 and 86, Callaway Count Recorder's d 'r �h r h 05 (,zP_g ec_s ,8 s p,)t 'NGSC 863 . !� Y r s E�2Cc. .�.�I g4 dE.t�l'eG'S 1G' 53 r,• s , f'Etft�o a F7t•F' ; thence St,uth 64 (, ” 'a_t, 1 , 469 . 63 Feet, pia a n p . Vogel Tr ur"' $C7 s;'r£lj � 1, i c. , to the )ata.t'i;;t?t'cc t. corner of he sY ��,�( 7 ?f e pl'Ct}E'� tv, i a cal�4 G '.�aE`d it rt:Cet� -:r: r 3 �e 1., of�;.Ce of ..u4r,i'x a V r f - o._C �:-t.. B!Dok '1101 , Mi.ssou.r'i; tx;erict w�,uth aloes c�' Leeds of ':a1.1 awav County, South i z 9 t?j F•=S't:, lillo f •1 t Fle c 1. COUI'sty Road 4039- i :41 i:•:).',t :t:J;:.�ii;%..:8 O ti• . : . ..t -•.4,'}.'r fgse c� . t ray y. :�!lIt-�?l Property, +t.'•gio .1eEl. .t�h degrees Wt_rt z : 3 fel.. i thence i c,tt -wdeine; then­e you Z •s ,5 7 dy c-et th er ce ac ;th a 6`:iz t 4 ;C eet: ar ath 5 � 4.3:Cut J, t f : t•thence :a ear#: 1�rQ es eaG GCC ee degrees a,,!t 250 feet; :�� f ? :he'rice south 63 �/Z he` sout 1x4 iRC � , ' F � 3(r; : Er7t: 4 * 7 :3S t fFSet ,• t1i �7r� a�;:i :1t } � f (nocth a .+ 4110 �c ,4 de,vZtiri; A t L)rrjti ce North .. 73 ,) {}.:jf�" t s� ;Ls r i�r s.+?�a 1 t s "'1 .� s. >� -...,•_,.,_.,,r",,.,•„ c t.{ 7' tj— ^�^' '�Y�as . • � X��'. M1�: vrrt9�: `J�T t Ft r a .i. r , � � rq �` ��y .y 3.,r+y^*yF� tii' �Y�{F x . .Zrt t .} � r z s it { i'..1 r .F f, ,r h t �nir�Z r t� •�q� s 5 �y€+,)j-aY+ rF F J i;l1r f s a ( Kjrf sir '<t'� "t�'^+ f !?2'g,;''TVk�r7 ai f$.�';'at r, ,•,it lx rr y F t r t 7n J, f. r .,• : L� E•�t FL� 1�•dd rhlr .'�' tr+Stt���,:' qF��i�Arti�tC'•r�trjn4'%t stt lr��t r r� M i:t"S � � t Fti•' i�rl�j ()'r tS aj �{ + trrpe3 j,S r,: .+ x f � + } `.F• ' :d� Y.y4'` 1t Fk ti 1 \7 , i i�. t�' V t t t $r '�{{FFi t'Sf,1 s.�• �)rk rs 1 �\r r rt c t t 1 > .�f �t �("" 714 l`.:t�;```��tt�i .'W^:; .�1 ��Yk�,+➢t.. „C'"t .'I�1 i(�. r.ht 1 ,,+ i k tei` J(t yt{'j Y i,f r�) t.,F :�'l J��F `1. ; t`;���ijiw4��4i�'I�.'�i ,1 • r'yts Y� Y+• '>` J.g.� f 9 .lx,,r 't'.. s 4 > r. .. a y7,) Y .. .,t; j ':)� t rY r s a.X+.x a s i , � '^t .Y) 1t F .. ;, „ .. t i". .Ge y'l^i•.,.. r y-M �t k; 248 feet, to the suufh line. of tha Cedar City arid Wainwright public } r.coadI thenC'e noxLh*crly ,.cross said Public. road 30 ,feet: to the north line tl�erauf: t hgnoe eaK,tc-.rly a;:ong <::ae :�orti: line of said public ' road to thy+ north and sOuth center line of survey No. 2635; thence north the sa.Ld North and South center line of said Survey No. 2635 to the North side of the former Missouri, Kansas & Texas Railroad right-of'-way (now s:.at:e of Missour Katy Trail.) , thence northwesterly along the north lira of said right-'of-,way 146.26 � chains; thence along the bluff north 52 1/2 degrees west: 22 .44 :hains; ' thence north 45 1/2 de:-J):e�7s V"OSt 23 chains, to the place of beginning; X1? in mo,wilehip X14 and Range 11 West , �.nc, all in Callaway County, Missouri.. -2- !s ti