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HomeMy Public PortalAboutORD16143BILL NO. 2021-018 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. I CD 14 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, SETTING PROCEDURES FOR THE MSP JOINT CITY AND COUNTY CAPITAL IMPROVEMENT PROJECT. NOW, THEREFORE, 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 with Cole County regarding setting procedures for the MSP Joint City and County Capitol Improvement Sales Tax Project. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: i i Presiding Officer ATTEST: "N' F_0 0A . ffl"'JM�� Approved: 22 202J Mayor Carrie Tergin APPROVED AS TO FORM: City Att#6ey Agreement Setting Forth Procedures for the MSP Development Joint City and County Capital Improvements Sales Tax Project THIS CONTRACT, made and entered into this I � of 2021 by and between the City of Jefferson, Missouri hereinafter called "City" and the County of Cole, Missouri hereinafter called "County". 1. Proiect: The project includes the construction of roadways within the MSP development including but not limited to the extension of Chestnut and a roadway serving the proposed hotel development. The project will also include the preparation of commercial pad sites, stormwater controls, pedestrian accommodations, lighting, and landscaping. 2. Timing: The design of the project will be undertaken in 2021 with project construction anticipated to begin in 2022. 3. Project Administration: a. The City of Jefferson shall be responsible for all aspects of the project administration. b. The City shall establish accounts particular to the project from which all costs are paid and tracked. c. Any "in-house" staff services that are provided, such as engineering, construction inspection, etc., shall not be charged to the project. d. The City shall follow their normal purchasing, procurement and contracting procedures. e. The City and County Public Works Directors shall jointly review the construction bids for the project and recommend the lowest and best bid to the City Council and County Commission for approval. The bid shall receive concurrence from the County Commission prior to be awarded by the City Council. f. Information signage shall be erected by the City indicating the work is a "Joint City and County Capital Improvement Sales Tax Project". Page 1 of 3 4. Financial Contributions: The County's contribution shall be $1,553,908.23 the payment of which shall be made to the City within 30 days of the signing of this agreement. The City will also contribute $1,446,091.77. The project will also make use of $1,500,000 provided through an EDA grant. Any change order to the contract will be paid or received at 100% by the City. 5. Participation: It is understood that the County portion of the funding for this project will be used for the construction of the proposed roadways and associated stormwater infrastructure. 6. Notices: All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to the City, notice shall be sent to the City Administrator at 320 East McCarty Street, Jefferson City, MO 65101. If to the County, notice shall be sent to the Cole County Commission at the Cole County Courthouse Annex, 311 East High Street, Room 200, Jefferson City, MO 65101. The date of the delivery of any notice shall be the date falling on the second full day after the day of its mailing. 7. Agreement Binding: This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 8. Applicable Law: The Laws of the State of Missouri shall govern the validity, performance and enforcement of this agreement. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year indicated below. Executed this _ day of 2021 On behalf of the Commission of Cole County Missouri Executed this 2-)- day of J6CQIC*'� 2021 On behalf of the City of Jefferson, Missouri 6wY�La'I", Sam Bushman, Presiding Commissioner Carrie Tergin, Mayor County Clerk City Oerk Cole County Auditor 1 certify that the a is a balance otherwise unencu bered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be incurred. This funding is subject to accounting officer certification in 2015 after appropriation and encumbrance. Approved as to form: City Counslor Page 3 of 3