HomeMy Public PortalAboutORD16129BILL NO. 2021-002
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO.
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, 2020
THROUGH OCTOBER 31, 2021.
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, 2020 through October 31, 2021.
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: 2p
(on
Presiding Officer
ATTEST:
C'1q Clerk
Approved: Z
Mayor Carrie Tergin
APPROVED AS TO FORM:
City orne
r
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
CCO Form: MO19 Sponsor: City of Jefferson
Approved: 1/99 (RMH) Project No.: AIR 216-040B
Revised: 03/17 (MWH)
Modified:
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 Memorial 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, 2020 to October 31, 2021. 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
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
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
2
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
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.
3
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
(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]
M
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
IN WITNESS WHEREOF, the parties have entered into this agreement on the last
date written below.
Executed by the Sponsor this
Executed by the Commission this
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
DocuSigned by: -I
Vt6 f. S&y6t,&r
Title Assistant Chief Engineer
Attest:
DocuSigned by:
Secretary to the Commission
Approved as to Form:
FNIOU
by:
OU— .4. 'glc�r� �ctiw�ii n
Commission Counsel
E
day Of 2021-05-10 1 8:401 CDT
day of 2021-05-11 1 3:35 yd CDT
,
CITY OF JEFFERSON
DocuSigned by:
By
Title Mayor
Attest:
DocuSigned by:
Byi �o�Aa� d Sola,
Title City Clerk
Approved as to Form:
E
ed by:
Title City Attorney
Ordinance No.
BILL NO. 2021-002
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. I (11 I M
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, 2020
THROUGH OCTOBER 31, 2021.
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, 2020 through October 31, 2021.
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: 2011
Presiding Officer
ATTEST:
C-iriClerk _F
Approved. j_&jIV
�-
Mayor Carrie Tergin
APPROVED AS TO FORM:
City A�orne
l
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Bills to Accept MoDOT Operating Assistance Grant Agreement
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
Missouri Highways and Transportation Commission
The amount of the grant:
Not to exceed $50,000 based on actual expenses.
The purpose of the grant:
This agreement is for the purpose of providing operating
assistance for the Air Traffic Control Tower at the
Jefferson City Memorial Airport. Under the terms of this
agreement, the Missouri Department of Transportation
(MoDOT) will reimburse the City up to 50% of all
locally incurred expenses associated with the operation
of the Air Traffic Control Tower for the current fiscal
year (FY2021).
The control tower participates in the Federal Aviation
Administration (FAA) Contract Tower Program, which
pays 82% of the staffing costs, with the City responsible
for the remaining 18%. This grant will reimburse the
City for half of our portion of those staffing costs, as well
as 50% of the utilities and maintenance costs associated
with the operation of the control tower.
This reimbursement derives from the State Aviation
Trust Fund, which receives its revenue from the sales tax
paid on the purchase of jet fuel at airports throughout the
state. The provisions of this agreement apply only to
expenses incurred through the operation of the Air
Traffic Control Tower. No other airport operating
expenses are eligible for reimbursement.
Any matching requirements or future
50% of the actual expenses incurred.
obligations tied to acceptance of the
rant:
CFDA#:
n/a
Grant Award # (if any):
Project Number AIR 206-040B
City Department Responsible:
Department of Public Works
Employee assigned as Grant
Eric Bowers, Airport Manager
Administrator:
Revenue account # to be amended:
Included in current budget/no change required
Expense account # to be amended:
Included in current budget/no change required
Reviewed by Finance:
��-�
Y��
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city
execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of
such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such
funds.
For Finance Department Use only:
Approved with Bill ; Ordinance this day of , 2021
Revised 8/2/16 by Ordinance 15545
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
EXHIBIT A
CCO Form: MO19 Sponsor: City of Jefferson
Approved: 1/99 (RMH) Project No.: AIR 216-040B
Revised: 03/17 (MWH)
Modified:
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 MemorialCal 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, 2020 to October 31, 2021. 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
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
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
2
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
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.
3
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
(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]
M
DocuSign Envelope ID: EFFCE6FF-B626-45FD-8D1C-E353564F7B42
IN WITNESS WHEREOF, the parties have entered into this agreement on the last
date written below.
Executed by the Sponsor this 4$h— day of IVAa , 20 .
Executed by the Commission this day of
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
Title
Attest:
Secretary to the Commission
Approved as to Form:
Commission Counsel
5
CITY OF JEFFERSON
By
Title Mayor Carrie Tergin
Attest:
.20
Title City Clerk
Annrnvarl ac to Fnrm-
Ordinance No.
Certificate Of Completion
Envelope Id: EFFCE6FFB62645FD8D10E353564F7B42
Subject: Please DocuSign: 2021-04-62340.pdf
Source Envelope:
Document Pages: 13 Signatures: 6
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
5/5/2021 8:56:08 AM
Signer Events
Ryan Moehlman
rmoehlman@jeffcitymo.org
City Attorney
Security Level: Email, Account Authentication
(Optional), Access Code
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 10:04:34 AM
ID:5df10cc7-db6f-48cc-a82d-5536b631fb70
Carrie Tergin
ctergin@jeffcitymo.org
Mayor
Security Level: Email, Account Authentication
(Optional), Access Code
Electronic Record and Signature Disclosure:
Accepted: 5/10/2021 8:37:25 AM
ID:a8f868c9-5e67-42fc-a265-0437cdeecc2d
Emily Donaldson
edonaldson@jeffcitymo.org
City Clerk
Security Level: Email, Account Authentication
(Optional), Access Code
Electronic Record and Signature Disclosure:
Accepted: 5/10/2021 8:38:20 AM
ID:daff2423-9a83-4824-ad00-0807a713e5a7
Megan L. Waters -Hamblin
Megan.Waters-Hamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Amy M. Ludwig
Amy.Ludwig@modot.mo.gov
Signature
L(---2111M1111D111M
DD000CuuSignedby.
�
Signature Adoption: Drawn on Device
Using IP Address: 65.119.141.114
[DocuSigned by:
1t -r
1 E242OFC89104CE...
Signature Adoption: Pre -selected Style
Using IP Address: 65.119.141.114
CDocuSigned by:
�wtl� �b�tct�,d,Sbin,
61FC36CE6822438...
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Using IP Address: 65.119.141.114
ED—Sig—d by:
BA34EE9EF9E5407...
Signature Adoption: Pre -selected Style
Using IP Address: 168.166.80.221
DocuSign
Status: Completed
Envelope Originator:
Amy M. Ludwig
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Amy.Ludwig@modot.mo.gov
IP Address: 168.166.80.221
Location: DocuSign
Timestamp
Sent: 5/5/2021 9:11:51 AM
Viewed: 5/5/2021 10:04:34 AM
Signed: 5/5/2021 10:05:22 AM
Sent: 5/5/2021 10:05:23 AM
Viewed: 5/10/2021 8:37:25 AM
Signed: 5/10/2021 8:37:44 AM
Sent: 5/10/2021 8:37:45 AM
Viewed: 5/10/2021 8:38:20 AM
Signed: 5/10/2021 8:40:58 AM
Sent: 5/10/2021 8:41:00 AM
Viewed: 5/10/2021 3:01:16 PM
Signed: 5/10/2021 3:03:04 PM
Signer Events
Eric E. Schroeter
Eric.Schroeter@modot.mo.gov
Assistant Chief Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela J Harlan
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Dana L. Kaiser
Dana.Kaiser@modot.mo.gov
Senior Executive Assistant
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Jorgensen
jennifer.jorgensen@modot.mo.gov
Asst Secretary to the Commission
MoDOT
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
EDOCUSign1d by:
V16 -e. st�rbtkr
SF8CCFE9B29E499...
Signature Adoption: Pre -selected Style
Using IP Address: 168.166.80.221
[DocuSigned by
A4666CD7996249B...
Signature Adoption: Uploaded Signature Image
Using IP Address: 168.166.80.221
Signature
Status
Status
Status
Status
Status
COPIED
COPIED
Jennifer Schulte � PI E D
jennifer.schulte@modot.mo.gov
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Britt Smith COP
E D
bsmith@jeffcitymo.org
Security Level: Email, Account Authentication
(Optional)
Timestamp
Sent: 5/10/2021 3:03:06 PM
Viewed: 5/11/2021 2:46:33 PM
Signed: 5/11/2021 2:46:35 PM
Sent: 5/11/2021 2:46:38 PM
Viewed: 5/11/2021 3:35:13 PM
Signed: 5/11/2021 3:35:34 PM
Timestamp
Timestamp
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Timestamp
Sent: 5/11/2021 2:46:37 PM
Sent: 5/11/2021 3:35:38 PM
Sent: 5/11/2021 3:35:39 PM
Sent: 5/11/2021 3:35:40 PM
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy M. Ludwig
amy.ludwig@modot.mo.gov
Administrator of Aviation
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
CQPIED
Signature
Notary Events Signature
Envelope Summary Events Status
Envelope Sent
Hashed/Encrypted
Certified Delivered
Security Checked
Signing Complete
Security Checked
Completed
Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Sent: 5/11/2021 3:35:41 PM
Resent: 5/11/2021 3:35:46 PM
Viewed: 5/11/2021 3:35:57 PM
Timestamp
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Timestamps
5/5/2021 9:11:51 AM
5/11/2021 3:35:13 PM
5/11/2021 3:35:34 PM
5/11/2021 3:35:41 PM
Timestamps
Electronic Record and Signature Disclosure created on: 10/5/2016 3:40:17 PM
Parties agreed to: Ryan Moehlman, Carrie Tergin, Emily Donaldson
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by
and through the Missouri Department of Transportation (MoDOT) is willing to provide to the
Authorized Representative of the ContractorNendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
affixed authorized signature and seal, as required to validate a binding agreement between the
Commission and the Entity, on all Commission/MoDOT documents, including but not limited to
disclosures, agreements, contracts, notices, purchase orders, change orders, modifications,
amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents)
that are processed, generated, and exchanged by and between the Commission and you, acting on
behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express
(DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows:
1) You are the person duly authorized and designated by the Entity to receive, access and agree
to the terms of this agreement on behalf of the Entity by clicking the Agree button below.
2) You have the authority to specifically consent and agree that the Commission, in its
discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change
orders, modifications, amendments, supplements, correspondence, and all other evidence of the
transaction between the Commission and the Entity electronically (hereinafter all such
documentation is referred to as electronic record(s)).
3) The email address, User ID and password authorized to access the electronic agreement via
DocuSign are your own and are not shared with any other person.
4) All of the required notices and disclosures will be sent to the email address authorized through
DocuSign.
5) You are duly authorized to receive electronically through DocuSign, access and act upon all
electronic records, to provide all required information and electronically affix your signature and
seal, as applicable, on behalf of the Entity named in such Commission Documents via
DocuSign,.
6) The system through which you are accessing DocuSign and its eSignature Application meets
the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store,
send and transmit all electronic records and any and all other communications sent to you from
the Commission through the DocuSign web site.
7) All communications in electronic format from the Commission to you through DocuSign are
considered in -writing. You have the ability to download and print any documents processed
through DocuSign for 30 calendar days after such documents are first sent, as long as you are an
authorized user of the DocuSign system. After such time, you may request copies by contacting
the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by
telephone at 573-751-2824. You shall print or download for your records a copy of any
communication that is important to you to retain.
8) You have implemented appropriate security measures to ensure that only you have access
through DocuSign to receive, access and electronically affix signatures to electronic records, as
applicable, Commission/MoDOT sends to you through DocuSign. It is your sole responsibility to
ensure your adequate protection, confidentiality and secrecy of the DocuSign Authentication
Code, and any other user ID and/or Password combinations that may be required for you to
access the DocuSign eSignature services and any disclosure thereof to any other person or
communication thereof through unsecure medium, such as traditional electronic mail, shall be
entirely at your risk. You shall be liable for any unauthorized usage of your ID/Password
combination and the DocuSign Authentication Code.
9) You agree and authorize the Commission to respond to and act upon any and all transactions
initiated and transmitted by you electronically through DocuSign. Any transaction initiated and
transmitted by you to the Commission through DocuSign and its eSignature application shall be
deemed to have been authorized by you, and the Commission is entitled to assume that the said
transactions are so authorized by you and the Commission shall be protected upon acting
thereon.
10) You shall be fully liable to the Commission for every transaction entered into using a valid
DocuSign Authentication Code sent to you through certified mail, telephone call or Short
Message Service (SMS) text, with or without your knowledge. In no event will the Commission
be liable to you for any special, direct, indirect, consequential or incidental loss or damages even
if you have advised the Commission/MoDOT of such possibility. The Commission shall not be
liable for any misuse, if any, of any data placed on the internet by third parties hacking or
accessing the application and hosting server without authorization.
11) The Entity shall take responsibility for all the transactions with the Commission conducted
electronically through DocuSign and will abide by the record of the transactions generated by
DocuSign or by the Commission/MoDOT through DocuSign. Further such record of transactions
shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in
any proceedings. All records of the Commission and DocuSign, whether in electronic form,
magnetic medium, documents or any other form, with respect to electronic transactions sent or
received through use of DocuSign shall be conclusive evidence of such transactions and shall be
binding on the Entity.
12) The Commission/MoDOT shall not be liable for any loss or damage whatsoever caused,
arising directly or indirectly, in connection with the services and /or this Agreement, including
without limitation any: (A) Loss of data; and (B) Interruption or stoppages to your access to
DocuSign and its eSignature application and/or processing of electronic transactions due to any
operational or technical difficulties/reason beyond our control for any other reason. The
Commission, along with its members, employees, agents, executors, successors and assigns shall
not be liable for any damages or claims or injuries arising out of or in connection with the use of
DocuSign and its eSignature application or its non-use including non-availability or failure of
performance, loss or corruption of data, loss of or damage to property (including profit and
goodwill), work stoppage, computer failure or malfunctioning or interruption of business, error,
omission, deletion, defect, delay in operation or transmission, communication line failure or for
any failure to act upon electronic transaction for any cause.
13) You shall keep confidential all information, in whatever form, produced, prepared, observed
or received by you to the extent that such information is confidential by law or otherwise
required by the Commission.
14) This Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed according to, the laws of the State of Missouri. 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 regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County,
Missouri.
15) The terms of this agreement and any amendments thereafter shall remain in full force and
effect for as long as DocuSign is active, or by thirty (30) days written notification by either party
of their intent to cancel this agreement.
By checking the I Agree button, I confirm that:
1. I am the person named in the documents to which I will electronically affix my signature; that
I am authorized to sign such documents on behalf of the Entity named in the documents; that I
will read and know the contents of such electronically signed documents including all exhibits
attached thereto, and that the statements made therein are true, and that I will not omit any
information needed to make such documents true; and that I will take appropriate security
measures to insure that I have sole access to the documents sent to me by the Commission and
MoDOT through the email address provided on DocuSign.
2. I and the Entity shall indemnify and save harmless the Commission, its members, employees,
officers, successors, assigns, agents and representatives against any and all claims, losses,
damages, costs, liabilities and expense actually incurred, suffered or paid by the Commission, its
members, employees, officers, successors, assigns, agents and representatives, directly or
indirectly, and also against all demands, actions, suits, proceedings made, filed, instituted against
the Commission, its members, employees, officers, successors, agents and representatives in
connection with, or arising out of, or relating to the Commission accepting and acting or not
accepting and not acting for any reason whatsoever pursuant to, in accordance with or relying
upon, data received, through DocuSign and its eSignature application you or any unauthorized
use of your ID/Password combination, the DocuSign Authentication Code, or the DocuSign
eSignature application.
3. 1 agree to the DocuSign, Inc. Express (DocuSign) Electronic Signature Agreement terms and
conditions outlined above.