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Home My Public Portal AboutORD09284 y � BILL NO. i� INTRODUCED BY COUNCILMAN ORDINANCE NO._ %�f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT FOR AIRPORT CONSULTING SERVICES FOR THE JEFFERSON CITY b=ORIAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS .FOLLOWS• Section 1. The 14ayor and the City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed, for and in the name of the City, to execute a written agreement with Diemler and Diekemper,, a corporation located at 1435 Powhatan Street, Alexandria, Virginia. 22314 for Scheduled Air Service Requirements Study for the market area of Jefferson City. Section 2. Said written lease shall read in words and figures as follows: " E , jV { CS a AGREEMENT FOR AIRPORT CONSULT1140 SERVICES JEFFERSON CITY MEMORIAL AIRPORT JEFFERSON CITY, MISSOURI This Agreement, entered into as of this day of 1979, by and between the City of Jefferson, of Jefferson City, Missouri, (hereinafter referred to as the "City") and DI101LER AND DIEKEMPER, INC. , a corporation located at 1435 Powhatan • Street, Alexandria, Virginia 22314, (hereinafter called the ''Firm") : W I T N R S S E T H: WHEREAS, the City desires to engage the Firm to render professiunal services hereafter described; and, WHEREAS, the City-recognizes that the continued advice, counsel, suggestions, opinions, research, interpretations, special studies, pres- entation of facts, and other consulting services of said Firm in providing continued counsel and analysis will be of substantial benefit, and, WHEREAS, Firm is qualified to provide such necessary Services, NOW, THEREFORE, the parties hereto mutually agree as follows: Z. SPECIFIC CONSIDERATIONS: A. DIPLOYIWT OF FIRM -The. City hereby agrees to engage the Firm and the Finn hereby agrees to perform the services hereinafter set forth. The Firm hereby appoints Mr. B. H. Diekemper as its principal representative who will perform functions and responsibilities of this Contract. Any change in principal representative must first be approved by the City in writing. E. SCOPE OF SERVICES 1. Scheduled Air Service Requirements Study udy - This study, Ls .desi,gned to identify Jefferson City's most important air passenger markets, to evaluate existing air service in these uwrkets and to determine, where air service deficiendes exist. The scope of this study would be limited to those markets requiring nonstop, one-stop or two-stop air service. This study will provide the CLty with the fulluwiny: a. An updated evaluation of Jefferson City's air service in its • primary markets. b. A determination of majur air service deficiencies. c. Identification of the most likely source(s) of correction qP of air service deficiencies, distinguishing amung those deficiencies that can be corrected by Jefferson City's current certificated carriers; those that require new C.A.B. authority. d. As a part of the analysis described in a, b and c above, a complete analysis of existing route authority at Jefferson City will be prepared. 2. Carrier Meetings - This task will consist of preparing for and attending meetings with existing certificated and commuter carriers and potential new carriers to discuss the results of the Scheduled Air Service Requirements Study and to encourage service improvements. r. 3. Civil Aeronautics Board Action Program - This task will consist of; a. Inventorying all current and/or pending; C.A.B. cases to identify those that may affect Jefferson City's air service. b. A continuous C.A.B. Docket Review to keep abreast of developments in these cases and others as they are set down. c. Provide assistance in preparation of all necessary filings and development of supporting data for submission to the C.A.B., as well as personal attendance at Board Conferences and Hearings to represent Jefferson City's interest and sponsor exhibits. C. COMPLIANCE WITH LAWS Federal, State and Local laws applicable in the accomplishment of the Firm's work shall be complied with in all respects as well as rules and regulations of the City and any other governmental agency. D. PERSONNEL The Firm represents that it has, or will secure at its own exq>ense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or members of the City Council of Jefrerson City, Missouri, nor any other political entity which may have business; dealings with the Clay. 1. Direction and Qualifications 4 All of the services required hereunder will be perfurmed by the Firm or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perfprm .such services. 2. Approval of Subcontracts ' None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. E. COMPENSATION The City will pay to the Firm for work covered in I (B) (1) , an - amount determined by actual time spent applying such time to the defendant's fee schedule set out in Section I (F) . Each invoice shall show in detail the actual time and expenses to be paid by the City. This task would take apprpximately 120 days, not more than 150 days. In no case shall the total fee for the work under I (B) (1) exceed $6,000.00. Firm will submit its invoice upon completion and acceptance of the work by City and City will pay the invo ce within 30 days. For the services set out in I (B) (2) and I (B) (3) , the City shall pay Firm at the hourly rates set out in the fee schedule. All such work must be approved in advance either by the Airport Commission or Legal Counsel of the City. Firm will be paid monthly after receipt of invoice. In addition, Firm shall be reimbursed fur all. out of the pocket expenses including printing, xerox, telephone (long; distance) and actual travel outside of a 50 mile radius of Jefferson City. Travel must tie approved in advance. F. FEE SCHEDULE The following schedule of fees will be used in determining; billings for services rendered: Officers $50 per hour Research Assistants/ Professional Staff $15 to $4U per hour Support Staff $8 to $15 per hour Associates Actual Cost Printing Actual Cost Travel and Subsistence Actual Cost Office and General* Actual Coat .3. V * (Includes actual costs of toll calls, telegrams, postage, reproduction, and other reasonable expenses incurred by Diemler & Diekemper, Inc. for the performances of the work.) G. TERMINATION OF CONTRACT AT OPXION OF AUTHORITY ,. The City through its Airport Manager reserves the right to terminate this agreement at any time. In case of termination the City will i •4 1 pay consultant for work previously authorized and performed. GENERAL CONSIDERATIONS i A. REVIEW AND COORDINATION To insure adequate review and evaluation of the work, and proper coordination among interested parties, the City shall be kept fully informed concerning the applicable work by the Firm. ,! B. CHANGES The City may require changes in the scope of services of the Firm to be performed hereunder. Such changes, including any increase or decrease in the amount of the Firm's compensation, which are mutually agreed upon by and between the City and the Firm, shall be incorporated in written amendments to the Contract. C. ASSIGNABILITY The Firm shall not assign any interest in this Contract and shall . not transfer Any interest .in the same (whether by assignment or novation) , without the prior written consent of the City thereto: provided, however, that claims for money due or to become due to the Firm from the City under this 'Contract may be assigned to a bank, trust company, or other financial institu- tion without such approval. Notice of any such assignment or transfer shall be furnished prompltly to the City. D. INTEREST OF FIRS! The Firm covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Firm further covenants that in the performance of this Contract no person having such interest shall be employed. E. FINDINGS CONFIDENTIAL Any reports, information, data, etc. , given to or prepared or assembled by the Firm under this Contract which the City requests to be kept confidential shall not be made available to any individual or organization by the Firm without the prior written approval of the City. Reports and -4- opinions, special reports, etc. , prepared by the Firm shall remain 1,ruperty of the City. H. OFFICIALS NOT TO BENEFIT , ' • . No members of or Delegate to the Congress of the United States of :. America, and no Resident Conv issioner shall be admitted to any share or part thereof or to any benefit to arise herefrom. G. HOLD HARMLRSS The Firm agrees to indemnify and save harmless the City and all of their officers, agents, and employees from all loss or damage and from any and all claims arising by reason of accident, injury, or damage to any person or property, directly or indirectly arising out of, or attributed to the perfor- mance of this Contract and shall further defend, at Firm's expense, any and all suits or actions arising out of such claims or matters. III. DOT TITLE VI ASSURANCES A. OBLIGATIONS OF FIRM During the performance of this Contract, the Firm, for itself, its assignees and successors in interest (hereinafter referred to as "Firm") agrees as follows: 1. Compliance with Regulations; The Firm shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter "DOT") Title 41, Code of Federal Ri-gulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations) , which are herein incorporated by refereizce and made a part of this Contract. 2. Nondiscrimination: The Firm, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subLontracturs, including procurements of materials and leases of equipment. The Firm shall not participate either directly or indirectly in the discrimination prohibteed by Section 21.5 of the Regulations. 3. Information and Reports: The Firm shall. provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit ,access to its books, records', uccoui►ts, other sources of information, and its facilitLes an may be determined i)y the Cit�v or the Federal Aviation Administration to be pertinent to ascertain conyliance with such Regulations, orders and instructions. Where any infonnatioa required of a Firm is in the exclusive possession of another who fails or refuse=, LO -S- .q furnish this information, the Firm shall so certify to the City or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 4. Sanctions for Noncompliance: In the event of the Firm's noncompliance with the nondiscrimination provisions of this Contract, the City shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Firm under the Contract '`- until the Firm complies, and/or b. cancellation, termination or suspension of the Contract, j; is whole or in part. IN WITNESS WHEREOF, the City and the Firm have executed this Agreement as of the date first above written. ?' RECOMMENDED BY CITY OF JEFFERSON, MISSOURI, AIRPORT COMMISSION: A MUNICIPAL CORPORATION SX zz B Ch rman yor ATTEST: ty ft er APPROV AS TO F AND LEGALITY: FIRM: BY L . City orney DIEMLER AND DIE1�T:MP R, I11C. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: '. �� / APPROVED: i Pres d o e Cfjuncil I•fay ATTEST: Ci y Cl w k -6-