HomeMy Public PortalAboutORD15917BILL NO. 2019-010
SPONSORED BY Councilman Hussey
ORDINANCE NO. )56' 11
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR ASSISTANCE WITH
OPERATING EXPENSES FOR THE AIR TRAFFIC CONTROL TOWER AT THE
JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF NOVEMBER 1, 2018
THROUGH OCTOBER 31, 2019.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a Grant
Agreement with the Missouri Highways and Transportation Commission to provide
assistance with operating expenses for the air traffic control tower at the Jefferson City
Memorial Airport for the period of November 1, 2018 through October 31, 2019.
Section 2. This agreement shall be substantially the same in form and content as
Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: ''{�/�,aAj 2O) 2,011 Approved:
Presiding Officer
ATTEST:
24, 2011
Mayor
APPROVED AS TO FORM:
City CICity
CCO Form: MO19
Approved: 1/99 (RMH)
Revised: 03/17 (MWH)
Modified:
Sponsor: City of Jefferson
Project No.: AIR 196-040B
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AIR TRAFFIC CONTROL TOWER
OPERATING ASSISTANCE GRANT AGREEMENT
THIS AGREEMENT is entered into between the Missouri Highways and
Transportation Commission (hereinafter, "Commission"), and the City of Jefferson
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the purpose of this Agreement is to provide financial assistance to
the Sponsor for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at
the Jefferson City Regional Airport (hereinafter, "Airport") pursuant to section 305.230
RSMo, and to set forth the conditions upon which the assistance will be provided.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations set forth below, the parties agree as follows:
(1) SCOPE OF WORK: The Sponsor agrees to operate the Tower in
accordance with all rules and regulations of the Federal Aviation Administration and with
all applicable Federal and State requirements.
(2) AMOUNT OF GRANT: The Commission agrees to reimburse the Sponsor
up to Fifty Thousand Dollars ($50,000); provided, however, that in the event that state
funds available to the Commission under section 305.230 RSMo are reduced so that
the Commission is unable to completely satisfy its obligations to all Cities for the current
state fiscal year, the Commission may recompute and reduce this grant. The
designation of this grant does not create a lump sum quantity contract, but rather only
represents the amount of funding available for qualifying expenses to operate the Tower
during the period of November 1, 2018 to October 31, 2019. The release of all funding
under this Agreement is subject to the Commission's review and approval of all project
expenses to ensure that they are qualifying expenses under this program. The grant
funds in this paragraph not expended or duly obligated during the project time period
shall be released for use in other projects under §305.230 RSMo.
(3) AMOUNT OF MATCHING FUNDS: The Sponsor shall furnish Fifty
Thousand Dollars ($50,000) in local matching funds. The Sponsor warrants to the
Commission that it has sufficient cash on deposit to provide the local matching funds to
complete the project.
(4) PERFORMANCE OF AGREEMENT: The Sponsor shall immediately
notify the Commission in writing of any condition or event which may significantly affect
its ability to perform the activities in accordance with the provisions of the Agreement.
(5) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT
RECORDS:
(A) The Sponsor shall submit to the Commission such data, reports,
documents, and other information relating to the operation of the Tower as the
Commission may require at any time.
(B) The Sponsor must maintain all records relating to 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 and
representatives during the period of this Agreement and any extension thereof, and for
three (3) years from the date of final payment made under this Agreement.
(6) THIRD PARTY CONTRACTS:
(A) Prior to execution by either party, the Sponsor 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 Sponsor by a third party.
(B) The Commission shall not be liable to the contractors or
subcontractor of the Sponsor or any other person not a party to this Agreement in
connection with the performance of this project without specific written consent of the
Commission.
(7)
PAYMENTS:
(A) Timing of Payments: The Commission's payments to the Sponsor
will be made on a quarterly basis. The Commission will provide a reimbursement form
to be completed by the Sponsor when requesting funds.
(B) Limitations on Commission Contribution: Funds made available to
the Commission and the Sponsor are subject to appropriations made by the General
Assembly.
(8) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written
notice to the Sponsor, the Commission reserves the right to suspend or terminate all or
part of the financial assistance herein provided if the Sponsor is, or has been, in
violation of any of the terms of this Agreement.
(9) COMMISSION'S REPRESENTATIVE: The Commission's Chief Engineer
is 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
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furtherance of the performance of the Agreement.
(10) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Sponsor shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Sponsor's
wrongful or negligent performance of its obligations under this Agreement.
(B) The Sponsor will require any contractor procured by the Sponsor to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(11) NONDISCRIMINATION CLAUSE: The Sponsor shall 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.).
(12) 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 the
Agreement.
(13) 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
its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
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(14) NONSOLICITATION: The Sponsor warrants that it has not employed
or retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingency upon or
resulting from the award or making of this Agreement. For breach 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.
(15) 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 Sponsor and the
Commission.
(16) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(17) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(18) 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
Sponsor responsible for damages.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have entered into this agreement on the
last date written below.
Executed by the Sponsor this 45t day of
Executed by the Commission this 3 day of
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
/ QL-4-ZtTr-A
Title Assistant Chief Engineer
Attes
i I
Secretary to the Commission
Approved as to Form:
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CITY OF JEFFERSON
,201(1 .
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By PAOVUZ.
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Attest:
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Approved as to Form:
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Ordinance No. 1910 0