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HomeMy Public PortalAbout2022-08-15 AMENDED packetiPad Packets: Click to open “NOTES” AMENDED NOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, AUGUST 15, 2022 – 6:00 P.M. CITY COUNCIL CHAMBERS ~ JOHN G. CHRISTY MUNICIPAL BUILDING ~ 320 E. MCCARTY STREET TO JOIN VIRTUALLY: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=m85508e2e2991e3f8724a5898818ec6cb CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2487 804 5196 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Kemna PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS 5. PUBLIC HEARINGS a. Adopting the 2022-2023 City Operating Budget and Approving the Rate of Gross Receipt Utility Tax i. Introduced Bill 2022-052 (Hensley) Staff: Shiela Pearre ii. Pending Bill 2022-045 (Hensley) Staff: Shiela Pearre b. Establishing the Rate of Taxation for Property Tax 2022 i. Pending Bill 2022-044 (Hensley) Staff: Shiela Pearre c. Authorizing the Rezoning of 0.05 Acres Located at 203 E. Dunklin St. form C-2 to MU-1 i. Pending Bill 2022-046 (Lester) Staff: Eric Barron 6. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Board or Commission Recommended Appointment New Term Expires Term Full/Partial Historic Preservation Commission Debra Greene Dec 2024 Partial Transportation & Traffic Commission Rowland Howard Jun 2025 Full AMENDED City Council Agenda – August 15, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 2 Board or Commission (continued) Recommended Appointment New Term Expires Term Full/Partial USS Jefferson City Submarine Committee Ken Gulledge June 2023 Partial 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Broadband Efforts, Update, and Survey – Luke Holtschneider, JCREP Executive Director 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration ii. Finance iii. Public Safety iv. Public Works & Planning 9. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS O R RESOLUTIONS (All individuals will be limited to 5 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 10. CONSENT AGENDA a. Minutes of City Council Meetings: August 1, 2022 11. BILLS INTRODUCED a. 2022-052 Taken Up Under 5(a.i.) b. 2022-053 Authorizing a $68,710 Engineering Design Contract with Bartlett & West Inc. for the Basin 7 – Phase III Relief Sewer (Fitzwater) Staff: Matt Morasch c. 2022-054 Amending Chapter 19 of the City Code, Schedule J (Parking Prohibited) by the Addition of 40 ft. on North Side of Colonial Hills Rd., West of Independence Dr. (Wiseman) Staff: Matt Morasch d. 2022-055 Amending Chapter 19 of the City Code, Schedule O (Parking Time Limit Zones) and Schedule N (Parking Meter Zones and Monthly Parking Fees) by the Addition of 2 Spaces on the South Side of the 400 Block of E. High St. (Wiseman) Staff: Matt Morasch e. 2022-056 Authorizing a Consultant and Grant Agreement for an Environment and Land Acquisition Project for a New Airport Control Tower (Fitzwater) Staff: Matt Morasch f. 2022-057 Amending the Personnel Policy Manual, Article IV, Applications and Applicants and Article V, Appointments (Wiseman) Staff Gail Strope 12. BILLS PENDING a. 2022-044 Taken Up Under 6(b.) b. 2022-045 Taken Up Under 6(a.ii.) c. 2022-046 Taken Up Under 6(c.) AMENDED City Council Agenda – August 15, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 3 d. 2022-047 Re-enacting City Code Relating to Financial Disclosures and Conflicts of Interest (Wiseman) Staff: Ryan Moehlman e. 2022-048 Authorizing the Vacation of Atchison Court (Fitzwater) Staff: Matt Morasch f. 2022-049 Amending the Environmental Quality Commission Members Section to Reduce the Number of Members (Wiseman) Staff: Ryan Moehlman g. 2022-050 Modifying City Traffic Codes to Increase Parking Time Limit and Meter Rate for Capitol Ave. from Capitol Bldg. to Adams St. and the 100 Blocks of Madison Ave. and Jefferson St. (Fitzwater) Staff: Matt Morasch i. Substitute 2022-050 Modifying City Traffic Codes to Increase Parking Time Limit and Meter Rate for Capitol Ave. from Capitol Bldg. to Adams St. Madison St. and the 100 Blocks of Madison Ave. and Jefferson St. (Fitzwater) Staff: Matt Morasch h. 2022-051 Temporarily Waiving the Requirement for City Council Approval for Grant Applications that Require $25,000 or More of City Matching Funds (Hensley) Staff: Ryan Moehlman 13. INFORMAL CALENDAR 14. RESOLUTIONS a. RS2022-19 Authorizing an MOU Extension between Cole County EMS and the Jefferson City Fire Department (Schreiber) Staff: Matt Schofield 15. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS – (All individuals will be limited to 3 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 16. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 17. NEW BUSINESS 18. CLOSED SESSION a. Go into Closed Session Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: i. Privileged communications between a public governmental body and its attorneys [Sec. 610.021(1)] ii. Real estate [Sec. 610.021(2)] 19. APPROVAL OF AUGUST 1, 2022 CLOSED SESSION MINUTES 20. UNFINISHED BUSINESS 21. ADJOURN i Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. NOTICE OF MEETING AND CITY COUNCIL AGENDAi CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, AUGUST 15, 2022 5:45 P.M. AGENDA 1. Discussion of August 15, 2022 City Council Meeting Agenda Items 2. Adjournment i Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. BILL SUMMARY BILL NO: 2022-052 SPONSOR: Councilmember Hensley SUBJECT: Adoption of 2022-2023 Operating Budget DATE INTRODUCED: August 15 , 2022 (I/ . DEPARTMENT DIRECTOR(S): VLo~ Rt..Ci..M_g CITY ADMINISTRATOR: 1~-;(;--c.-~ Staff Recommendation: Approve . Summary : This ordinance adopts a budget and personnel classification plan for the period November 1, 2022, to October 31, 2023, and appropriates monies out of the funds to support the budget. Origin of Request: All Departments Department Responsible: All Departments CONTACT PERSON FOR MORE INFORMATION: MAYOR CARRIE TERGIN/ Shiela Pearre Background Information: The 2022-2023 operating budget has been recommended for approval by the Mayor. The proposed General Fund Budget is projected to be $36,312,931.11. Fiscal Information: The proposed appropriation for this budget ordinance from the General Fund is projected to be $36 ,312,931.11 with additional funding for other funds and for capital projects bringing the total City of Jefferson budget for FY2023 to $75,563,805.16. BILL NO . 2022 -052 SPONSORED BY Councilmember Hensley ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, ADOPTING A BUDGET AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF NOVEMBER 1, 2022 , TO OCTOBER 31, 2023 , AND APPROPRIATING MONEY IN THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. A budget and personnel classification plan for the City of Jefferson , Missouri, are hereby adopted for the period November 1, 2022, to October 31, 2023 . A copy of the budget and personnel classification plan is attached and made a part hereof, as fully set forth verbatim herein . Section .f.. There is hereby appropriated out of the various funds in the City Treasury such monies as are provided for in the budget for the City for the period November 1 , 2022, to October 31 , 2023 , to defray the cost and expense of operating the City government during that period in accordance with the budget. Section ~. This Ordinance shall be in full force and effect from and after the date of its passage and approval with an effective date of November 1, 2022 . Passed : ---------------------Approved : ______________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk BILL SUMMARY BILL NO: 2022-045 SPONSOR: Councilmember Hensley SUBJECT: Establishing Rate of Taxation for Gross Receipt Utility Tax (GRUT) DATE INTRODUCED: August 1, 2022 Staff Recommendation: Approve at proposed rates . Summary: Establishes the Gross Receipt Utility Tax (GRUT) rates for the City for fiscal year 2023. Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE, Interim Director of Finance and ITS Background Information: City Code Section 17-207 requires the City to review their Gross Receipt Utility Ta x (GRUT) rate on an annual basis . The proposed 2022-2023 budget has been prepared based on the gross receipt utility tax rate of 6% for those engaged in the business of selling and distributing natural gas, manufactured gas, steam, electricity, or both gas and electricity and 7% for those engaged in the business of furnishing telephone service or telecommunication service . This is the same rate as 2021- 2022. The public hearing will be at the August 151h City Council meeting . BILL NO . 2022-045 SPONSORED BY Councilmember Hensley ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , PROVIDING FOR THE LEVY OF GROSS RECEIPT UTILITY TAX (GR UT) AND CONTINUING AND READOPTING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2022-2023 . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. The current rate of taxation for the Gross Receipt Utility Tax (GRUT) of 6.00% for those engaged in the business of selling and distributing natural gas , manufactured gas , steam, electricity , or both gas and electricity and 7.00% for those engaged in the business of furnishing telephone service or telecommunication service is hereby continued and readopted for the fiscal year 2022-2023 . Section .f.. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ------------Approved : ______________ __ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk BILL SUMMARY BILL NO: 2022-044 SPONSOR: Councilmember Hensley SUBJECT: Establishing Rate of Taxation for Property Tax for 2022 DATE INTRODUCED: August 1, 2022 DEPARTMENT DIRECTOR(S): ~<I''" R( tU\A____g CITY ADMINISTRATOR: ~ &.~ Staff Recommendation: Approve at proposed es. Summary: Establishes the property tax rates for the below two City funds for calendar year 2022. Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE, Interim Director of Finance and ITS Background Information: State statute requires that cities establish their property tax rates on an annual basis. These rates are computed based upon changes in the assessed valuation. The initial information is prepared by the County, and the calculations are verified by the Missouri State Auditor's Office. The proposed 2022-2023 budget has been prepared based on the property tax rate for general fund at 0.4600 and the Firemen 's Retirement rate at 0.0961. The public hearing will be at the August 151h City Council meeting. Proposed Current Proposed Tax Tax Rate Tax Rate Rate Ceiling General Fund $0.4600 $0.4600 $0.4600 Firemen's Retirement $0.0961 $0.0961 $0 .0961 Total $0.5561 $0.5561 $0.5561 Fiscal Information: The attached exhibit compares figures for assessed valuation , and the projected tax revenue to be received for each proposed rate for the 2021-2022 and 2022-2023 budgets. N.T. Sunday, August 8, 2021 Sunday, August 15, 2021 Publisher’s Affidavit Requested to: Director of Finance NOTICE OF PUBLIC HEARING 2022 PROPERTY TAX LEVY CITY OF JEFFERSON, MISSOURI The City of Jefferson, Missouri, will hold a public hearing on Monday, August 15, 2022, beginning at 6:00 P.M. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri 65101, to discuss the 2022 Property Tax Levy for the City of Jefferson. The following is the valuation and tax information: ASSESSED VALUATION INFORMATION 2022 2021 Real Estate Cole County $724,863,7801 $706,567,5773 Callaway County $7,741,8022 $7,741,8023 Personal Property Cole County $220,148,2881 $193,842,8603 Callaway County $11,647,0072 $11,647,0073 Total $964,400,877 $919,799,246 1 Values based on Cole County 2022 assessed valuations. 2 Values based on Callaway County 2021 assessed valuations, as 2022 assessed valuations have not yet been provided. 3 Values based on Cole and Callaway County 2021 assessed valuations. PROJECTED TAX INFORMATION Fiscal Year 2023 Fiscal Year 2022 Increase/Decrease Tax Rate (per $100 valuation) General Fund 0.4600 0.4600 None Firefighters Retirement 0.0961 0.0961 None Estimated Revenue * General Fund $4,436,244 $4,231,077 Firefighters Retirement Fund $926,789 $883,927 * Actual amounts may vary based on collections. N.T. Aug. 7, 14, 2022 BILL NO. 2022-044 SPONSORED BY Councilmember Hensley ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2022. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby levied and assessed the following rate on all Real Estate and Personal Property, and other tangible property within the limits of the City of Jefferson, Missouri, not exempt from taxation by the Constitution or the laws of the State of Missouri, as shown by the assessment book of the City of Jefferson, Missouri for the year 2022. FIRST: For the purpose of paying all current expenses of the City of Jefferson, Missouri, for the fiscal year, the sum of $0.4600 on the one hundred dollar valuation. SECOND: For the purpose of creating and maintaining a Firemen's Retirement System for the Firemen of the City of Jefferson, Missouri, the sum of $0.0961 on the one hundred dollar valuation. Section ~. It shall be the duty of the Finance Director to assure that the County Clerk has caused to be extended to the appropriate columns opposite each item of taxable property in the assessment books, as returned by the Assessor of the County of Cole, Missouri, and corrected by the Board of Equalization, the amount of taxes to be paid by each person as provided by Section 1 of this Ordinance. This shall be done in accordance with the provisions of the contract previously entered into between the City of Jefferson and the County of Cole and the County of Callaway. Section ~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ----------------------Approved: ________ _ Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-046 SPONSOR: Councilmember Lester SUBJECT: Rezoning 0.05 Acres Located at 203 East Dunklin Street from C-2 General Commercial to MU-1 Mixed Use (Planning and Zoning Commission Case No. P22007) Summary: Standard ordinance amending the Zoning Atlas. Origin of Request: Property owner, through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information: This bill would rezone 0.05 acres from C-2 General Commercial to MU-1 Mixed Use. The purpose of the request is to facilitate the conversion of the existing build ing, a small building that was formerly a church, to a two-un it res ide ntial bu il ding. This area of Dunklin Street, contained within the Old Munichburg area , is represented on the future land use map of the Comprehensi ve Plan as being ideal for mi xed use zoning and use. Please see staff report for more information. Planning and Zoning Commission Review The Planning and Zoning Commission re vi e wed the application for rezoning at their meeting on July 14 , 2022. The motion to rec ommen d approval PASSED on a vote of 7 in favor and 0 against. Public Notice Standard public notice procedures were followed in ad vance of the Plann ing and Zoning Commission meeting and the City Council meetings . This in c ludes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in ad vance of the he aring on the case; (2) notification by letter to adjoining and affected property owners within 185 feet , and (3) posting of a sign at the property announcing the date and time of the hearing 10 to 15 days in advance of the hearing. Public Comment Received No public comment has been received to date. Fiscal Information: $650.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve . BILL NO. 2022-046 SPONSORED BY Councilmember Lester ORDINANCE NO.------- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 0.05 ACRES OF LAND ADDRESSED AS 203 EAST DUNKLIN STREET FROM C-2 GENERAL COMMERCIAL TO MU-1 MIXED USE. WHEREAS, it appears that the procedures set forth in the Zoning code relating to zoning have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from C-2 General Commercial to MU-1 Mixed Use. Part of Inlet No. 823, In The City of Jefferson, Missouri, more particularly described as follows: Beginning at a point on the southerly line of said Inlet, which point is 4 feet 6 inches westerly from the southeasterly corner thereof; thence northerly parallel with the easterly line thereof, 54 feet 9 inches; thence westerly parallel with Dunklin Street, 41 feet 6 inches; thence southerly parallel with Madison Street, 54 feet 9 inches, to the southerly line of said Inlet; thence easterly parallel with Dunklin Street, and along the southerly line of said Inlet, 41 feet 6 inches, to the point of beginning. Containing 0.05 acres, more or less. Section 2_. This ordinance shall be in full force and effect from and after its passage and approval. Passed: --------------Approved: ----------- Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION July 14, 2022 5:15p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Bunnie Trickey Cotten Emily Fretwell Shannon Hawk Treaka Young, Alternate Hank Vogt, Alternate Jacob Robinett, Alternate COMMISSION MEMBERS ABSENT Blake Markus Gregory Butler Spencer Hoogveld COUNCIL LIAISON PRESENT Michael Lester, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Dustin Birch, Associate City Counselor Eric Barron, Planning Manager Kortney Bliss, Planner Lisa Dittmer, Administrative Assistant ATIENDANCE RECORD 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 0 of 1 0 of 1 0 of 1 Case No. P22007 -203 East Dunklin, Rezoning from C-2 to MU-1. Request filed by Luke and Gretchen Vislay, property owners, for a rezoning of 0.05 acres from C-2 General Commercial to MU-1 Mixed Use. The rezoning request's purpose is for conversion of an existing structure into a 2-unit residence containing 1-bedroom apartments. The property is located at the northeast corner of the intersection of Madison Street and East Dunklin Street and is described as Part of lnlot No. 823, in the City of Jefferson, Missouri. Ms. Bliss stated the applicant is requesting the rezoning of 0.05 acres from C-2 General Commercial to MU-1 Mixed Use in order to convert the building to a two-unit residential use, with one unit on the first floor and one on the second. Mr. Barron advised all commercial zoning districts in the city can establish loft or basement apartments, but the main level has to be commercial. The current zoning will not work for this request, because the applicant's intent is to make the building all residential. Mr. Barron advised the recommended rezoning to MU-1 appears to be supported by the comprehensive plan that was adopted in 2021. Property owner Gretchen Vi slay, 131 0 Moreland Ave, presented the case. The applicants purchased this property in February 2022 and also own 205 East Dunklin Street. Ms. Vislay mentioned leasing commercial property in the area has been difficult and hopes making this a residential rental property will be a better use of this location. Ms. Hawk thanked Ms. Vislay for her time and detail that were put into her application. Ms. Hawk agrees this space is not conducive for commercial use, but seems perfect for residential apartment use. Ms. Bliss stated that staff recommends approval of the proposed rezoning. Rezoning from C-2 General Commercial to MU-1 Mixed Use would further allow the applicant to lay out their desired use for the property. Ms. Cotten moved and Ms. Hawk seconded a motion to recommend to the City Council approval of the City Council of the request to rezone the property, consisting of 0.05 acres, from C-2 to MU-1. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Fretwell, Hawk, Young, Vogt, and Robinett Nay: None PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION July 14, 2022 Case No. P22007-203 East Dunklin, Rezoning from C-2 to MU-1. Request filed by Luke and Gretchen Vislay, property owners, for a rezoning of0.05 acres from C-2 General Commercial to MU-1 Mixed Use. The rezoning request's purpose is for conversion of an existing structure into a 2 unit residence containing 1 bedroom apartments. The property is located at the northeast corner of the intersection of Madison Street and East Dunklin Street and is described as Part of In lot No. 823, in the City of Jefferson, Missouri. Nature ofReguest: The building on the property consist of an approximately 850 sf, 2 story structure ( -1700 sf total). The most recent use of the building was as a Buddhist Church. The property owner desires to convert the building to a two- unit residential use, with one unit on the first floor and one on the second. The C-2 zoning of the property does not permit 2-unit residential uses, and would only support an ancillary residential use of the upper floor (loft apartment). In order to accommodate the desired use of the property, and considering the prevalence of nearby residential uses mixed with commercial uses, the property owner is requesting a rezoning of the property to a MU-1 Mixed Use designation. Zoning and Surrounding Land Use: Current Zoning: C-2 Requested Zoning: MU-1 Surrounding Zoni11g North C-2 South C-2 East C-2 West C-2 Allowed Uses: Current Use: Vacant, previously a church with upstairs living area. Intended Use: 2-unit residential Surrounding Uses Multi-family residential Restaurant, offices Commercial with loft apartments, 2-unit residential Commercial billboard lot, retail/restaurant Permitted uses within the MU-1 district include a mix of residential uses (single family up to 4-unit buildings) and low intensity commercial uses, including offices, personal service uses (up to 2,500 sf in area), and retail uses (up to 2,500 sf in area). Review Criteria for Rezoning: The applicant has provided written responses to the review criteria for a rezoning. See attached application materials. St ff A I . fR P a natYSIS 0 ezon1n2 roposa: Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan/Future Land Use map identifies the property and surrounding area as intended for Mixed Use. The Southside/Old Munichburg Neighborhood Plan further calls out the need to supQ_ort the mixed use of the area. Has access to necessary utilities X The property has access to necessary utilities. Located outside flood zone X The property is not located within a flood zone. Meets district size requirement X The MU-1 district does not have a minimum or maximum size regulation, but does have a requirement that the district must be supported by an adopted neighborhood Plan. The Southside/Old Munichburg Neighborhood Plan supports the requested mixed use designation. Planning and Zoning Commission Case No. P22007 Benefit to City is substantial when compared to X adverse effects on adjacent property After rezoning, the allowed uses would be X compatible with uses allowed in adjacent districts After rezoning, the allowed uses would be X compatible with adjacent existing land uses If not rezoned, the owner would be deprived of use X advantages enjoyed by surrounding owners (reverse spot zoning) The requested rezoning would be an expansion of an existing district Staff Recommendations: July 14, 2022 Page2 The City would benefit from a continuation of- and increase in -residential uses in the area. While the MU-1 zoning would permit full residential use of the building and restrict the more intense commercial uses (while the surrounding property remained zoned C-2), the size of the building already prevents any intense commercial use and the adjacent properties have a mix of loft apartment and existing residential use. The MU-I zoning district would be more compatible with the existing uses in the surrounding area than the current C-2 designation. The prevailing use in the area is a mix of residential and commercial uses. X This would be the only instance of MU-1 zoning in the area, however, the zoning is supported by adopted plans and the surrounding area may be suitable for further Mixed Use zoning designation. Rezoning Request: Staff recommends approval of the request to rezone the property from C-2 to MU-1. The proposed rezoning to Mixed Use is supported by the Future Land Use Map of the Comprehensive Plan and supported by the adopted Southside/Old Munichburg Neighborhood Plan. The existing mix of residential and low intensity commercial uses in the area supports a mixed use designation for the area. Staff Recommendation Form of Motion: Motion to recommend approval to the City Council of the request to rezone the property, consisting of 0.05 acres, from C-2 to MU-1. City of Jefferson Planning and Zoning Commission LOCATION MAP Case No. P22007 203 East Dunklin Street Rezoning from C-2 to MU-1 0 25 so City of Jefferson Planning and Zoning Commission . Case No. P22007 203 East Dunkli n Street Rezoning f rom C -2 to MU-1 VICINITY 0 70 1 40 280 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street R E CE IVED Jefferson City, MO 65101 Phone: 573·634·6410 i c plat l tlin a ®jeffci rvmo.orq www.jeffersoncitymo.gov JU N 9 20 22 1. The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson , Missouri , for the following amendment to the Zoning Code: l( Map Amendment _Text Amendment (Include description of proposed text amendm ent) Property Address: :2.0 3 I£Pr ST QUJ\l i(.L-i f0 2 . Applications for Map amendments shall include a location map and lega l description . 3 . This petition requests to rezone the above described real estate from its present class ificat ion of (_-2 district to H U -I district. The purpose of this rezoning request is to : 6;11 vert e-~·, shnfj ~-fyu.vfu,"t. Into J._ Unt G t{' Stth. s·rhcu( (r!YLt h&dr1JrfWI apcu--t- 114(()13) 4 . Filing fee: Map Amendment= $650. Text Amendment= $450. 5 . Required Findings: Applicant responses to the required findings shall be noted in Addendum A and vary based on type of request. 6. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners ofthis property must sign and the signatures must be notarized). ~~~::::~/ Property Owner Signafure ~ Prop~e Printed Name/Title (~pe or print) ~kui'J 0sla..'i, OJoJcee-- Printed Name/Title (type 6r print) ~:::.~A~~&~~t·~~~;;~ts q~ I 'l'O'ftH\I~'n'd, Fio ary ~ea State of Missouri · Cole County Commission# 21755109 : My Commission Expires 03·08-2025 ~ tD • ""' == ! :c ~~ Notary Pubhc For City Use Only: ---· ·-· -. ___ (Revi sed July 1. 2018) Application Filing Fe ~p...Amendment = $650_($450 + $200 Advertis;Q~~!L6bti I Lr ~~~g ~:,)) -- Text Amendment= $450 ($250 + $200 Advertising Fee) -r / l l ((( n-{1iJ..(l (t Application Filing Fee Received: /\ -Gash {fe-ceipt # ___ ) Check (copy; check # _____ _ Attachments: __ Addendum A L Map __ ApplicanUProject Information Sheet Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative fonna ts as req uired under the Americans with Disab ili ties Act. Please allow three business days to process the request. Page 1 of 6 Jefferson City Zoning Amendment Application Addendum A-Review Criteria To be used to support zoning amendment requests. (Section 35-74.8.4) PropertyAddress ;/.03_ 01-sf Dul?k/;;, JtfletStm f't0J, If() ?S!U/ Applicant Name Lu_ 1 Gt:e--ft-fll/1 ~ j Jay Provide responses to the following required findings by selecting all criteria that apply to your request. State all reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. B. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? (ii.) Why does the community need this zoning? D. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. Page 2 of6 E. The proposed zoning is compatible with the zoning and uses of property nearby. Property North - Property East- Property South - Property West- F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. Ust public and community facilities available on the site. G. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. (See Section 35-60. Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) H. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (i.) Describe the proposed use. (ii.) Will the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Why/why not? I. Potential environmental impacts {e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. Ust any potential environmental impacts and how they will be mitigated. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. K. Benefits shall be derived by the community or area proposed to be rezoned. Ust the benefits of the proposed rezoning. Page 3 of& PROPERTY DESCRIPTION: PART OF IN LOT NO. 823, IN THE CITY OF JEFFERSON , MISSOUR I, MORE PARTICULARLY DESC RI BED AS FOLLOWS : BEG INNING AT A POINT ON THE SOUTHERLY LINE OF SAID INLOT, WHICH POINT IS 4 FEET 6 INCHES WESTERLY FROM THE SOUTHEASTERLY CORNER TH EREOF; THENCE NORTH ERLY PARALLEL WITH THE EASTERLY LINE THEREOF, 54 FEET 9 INCHES ; THENCE WESTERLY PARALLEL W ITH DUNKLIN STREET, 41 FEET 61NCHES; THENCE SOUTHERLY PARAL LE L WITH MADIS ON STR EET, 54 FEET 9 INCH ES, TO THE SOUTHERLY LINE OF SAID INLOT; THENCE EAS TERLY PARALLEL WITH DUNKLIN STREET, AND ALONG THE SOUTHE RLY LIN E OF SAID INLOT, 41 FEET 6 INCHES, TO THE POINT OF BEGI NNING . SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECOR D. CRITERIA RESPONSES A. THE EXISTING ZONING WAS IN ERROR AT THE TIME OF ADOPTION. EXPLAIN. As stated in the Activate Jefferso n City 2040 Comprehensive Plan, 'Soc ia l, economic, and envi ronmental conditions are co nstantly evolving!' So it would only be reasonable to expect that th e ex isti ng zoning determined so many years ago may not be fitt i ng for the year 2022. What we understand is t hat the existing zoning for the building at 203 East Dunklin would have bee n determined i n the 1960's-maybe even earlier than t ha t ! However, we can on ly speak from our experi ence regarding why the zo n ing for 203 East Dunk lin shou ld be updated MU-1. First, our experience an d knowledge about this area is that it ha s a much mo re basic need for sing le-dwelling r es ide ntial units than commercial store frontage . Since 2001, w e have been property owners of a building at 205 East Dunklin w h ich co ntains 2 small office spaces in front and 4 on e bedroom apartments in back. Over the yea rs we have been disappointed t o learn how difficult it is fo r our age nt to f ind suita ble bus ine sses tha t are able to occupy small commercia l spaces. Seve r al t imes, it h as take n years t o find a sin gle tenant that is suitable for o ur small commercial unit. We are conce rn ed that 203 East Dunklin - if it remains as being zoned as C-2 -will suffer the same fate. Vacant commercial frontage gives an impression that the area or unit is u nd esi rable. Neither is the case, but that can be the p erception. Furthermore, the COV ID pandemic has dramatically cha nged the lan dscape for rental of small commercial space. Many sm all business owners now realize that they can operate their business es from home eas ily and have no need for off-site, brick and mortar business locations. This makes it even mo re difficult to find an app ropriat e bu sin ess for a sma ll commercial space. Converse ly, we have h ad hundreds of people interested i n and apply for t he existing res idential apartments that we own which is why we believe M U-1 zoning is approp ri ate f or 203 East Dunklin at which our intention is to create 2 one bedroom apa r tments. The property at 203 East Dunklin, which we are asking to be rezoned to MU-1, is similar to our property at 205 East Dunklin in that both buildings have similar parking situations which provide only two parking spaces per business owner in front of the commerdal space. We have found that this is a dilemma that potential business owners who consider tenancy at the location seem to be unable -or unwilling-to try to overcome. Two parking spaces in which to conduct business is not sufficient. With the existing property boundaries, it is not possible to expand the parking area for either building. In the past, we have tried to remedy the parking problem by offering and securing additional off-site parking, however, tenants are not willing to use the off-site spaces. On-street parking spaces are coveted and protected by those people whose businesses are adjacent to those on-street spaces and as surprising as it may seem, others that utilize those spaces will be told they can't park there I This parking quandary has not been created by us or any of the previous owners. It exists because of how the properties were situated when they were built back in the 70's. Over SO years the area has grown, times have changed, and so this problem has just manifested itself into what it is today. B. THERE HAS BEEN A CHANGE IN CHARACTER IN THE AREA DUE TO INSTALLATION OF PUBUC FACILITIES, OTHER ZONE CHANGES, NEW GROWTH TRENDS, NEIGHBORHOOD DETERIORATION, OR DEVELOPMENT TRANSmONS. EXPLAIN THE CHANGE AND BE SPECIFIC ON WHICH PUBLIC FACILITIES, OTHER ZONE CHANGES, NEW GROWTH TRENDS, NEIGHBORHOOD DETERIORATION, OR DEVELOPMENT TRANSITIONS THAT EFFECTED THE CHANGE. There have been numerous changes in the area since we first Invested 20 years ago. The character of the area has been transforming and has improved greatly over the years, into a mixture of new and interesting businesses along with the longstanding businesses. The positive transformations that have been made on Dunklin Street have been the very lovely tennis court upgrade at Lincoln University and a nice, new water park for children across the street. Busch's has refurbished their greenhouse. Capital Region has done some updating. We were disappointed to see the Dollar Store close. There is a real need for a retail store like that in the area. The block west on Dunklin has been refurbished and businesses have made a go of it. Some have failed and moved on. Some are doing well. Some of the historically significant places to frequent such as the Ecce Lounge, Busch's florist and Central Dairy thrive in the area. These businesses are within walking distance in the Old Munichberg district which enables people without any means of transportation to have enjoyment of living. We, ourselves, have tenants that frequently support local businesses. Many utilize the bus service that is across the street to assist them in shopping throughout the city. These changes have resulted in the creation of an area in which people want to live. Over the years, our property at 205 East Dunklin has housed numerous Lincoln University students as well as area legislators and their aides. Currently, one of our apartment tenants lost her apartment when the tornado hit. Another tenant, an adult, senior woman, is working toward getting her GED and is able to do that because right across the street is the Adult Learning Center that she walks to daily for classes. Both women enjoy living in the Old Munichberg district and the apartments we provide. But despite all of these changes and efforts, there is still a lot of neighborhood blight that exists. Some owners lack pride in their property and provide substandard living spaces that lack upkeep on the interior and the exterior of their buildings which creates unattractive landscapes. There is a solid need for finer, appropriately-priced apartments for business professionals, students, legislators, and young people, which is what we intend to provide at 203 East Dunktin. C. THERE IS A COMMUNITY NEED FOR THE PROPOSED REZONING. WHAT WILL THE PROPOSED ZONING BE? i. The proposed zoning will be MU-1. WHY DOES THE COMMUNITY NEED THIS ZONING? li. There is a genuine need for apartments in the Old Munichberg area as explained above. Our experience as current owners of a building containing 4 one bedroom apartments at 205 East Dunklin in the Old Munich berg district (over the past 20+ years), is that when an apartment vacancy occurs at 205 East Dunklin, we have many interested applicants. They articulate that the units are clean, attractive and affordable. In fact, people who are in need of an apartment routinely call in anticipation of any pending apartment vacancy. There is never a lack of interest in an apartment and many of our tenants stay for years and support the area. We know we can offer an excellent quality apartment available to the community at 203 East Dunklin. D. THE PROPOSED CHANGE IS CONSISTENT WITH, AND IN FURTHERANCE OF, THE IMPLEMENTATION OF THE GOALS AND POLICIES OF THE COMPREHENSIVE PIAN, OTHER ADOPTED PlANS, AND THE POLICIES, INTENTS AND REQUIREMENTS 0 F THIS ORDINANCE AND OTHER CITY REGUlATION AND GUIDEUNES. The rezoning of the property will provide for more housing in the Old Munich berg area which is consistent with and in furtherance of the Comprehensive Plan. So very many of the 'Goals and Objectives' that were stated in the Plan involved are: • Stabilizing existing neighborhoods; • Preventing deterioration of neighborhoods; • Promoting residential units in commerdal structures and promoting neighborhood stabilization through the rehabilitation and maintenance of residential properties; • Promoting the development and maintenance of affordable housing, rental and ownership options, through the City; and e Enhancing the housing environment by catering to the diverse needs of its residents. By creating livable spaces that are cared for and protected, residents have a sense of place and become people who are invested in the neighborhood in which they live. It gives residents a sense of identity which also helps to promote safety and beautification. Providing good-quality housing aids in the overall vitality of the area. When people live in a space that they are proud of, that feeling also extends into the entire neighborhood and helps them grow a connection to a neighborhood and city that they care about and one they want to live in for a long time. Also, as described in the Comprehensive Plan adopted by the city, under Housing and Neighborhood in Chapter 3, one of the 'Notable Goals' specifically mentioned for the southside area is to 'Incrementally grow a diverse, multi-generational, mixed-use complete neighborhood which retains its historic character and unique sense of place.' The zoning change for 203 East Dunklin would help to accomplish the Comprehensive Plan goals. Another of the objectives listed under the Housing and Neighborhood Goals is to 'Create tools to increase quality housing stock in Jefferson City.' Multi-Use 1 (MU-1) zoning helps to accomplish that objective and is the closest category that applies. E. THE PROPOSED ZONING IS COMPATIBLE WITH THE ZONING AND USES OF PROPERTY NEARBY. The proposed rezoning of 203 East Dunklin to MU-1 would be very compatible with the existing nearby properties. In fact, many of the surrounding properties, despite being zoned C-2, are used exclusively as residential units. The entire area already reflects 'multiple uses' being utilized. Property North -Three separate buildings exist. The first is a segmented house used as 2 apartments; the second is a segmented house used as 3 apartments; and CoMo Premium Exteriors is around the corner. Property South-Ice Cream Factory, AEL and ABLE Learning Center are across the street Property East-One segmented house used as 2 apartments, Barnes & Associates, and capitol Chiropractic Care Property West-Central Bank Billboard and Busch's Florist F. PUBLIC AND COMMUNITY FACILITES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO. SANITARY AND STORM SEWERS, WATER, ELECTRICAL SERVICE, POLICE AND FIRE PROTECTION, SCHOOLS, PARKS AND RECREATION FACILITIES, ROADS, LIBRARIES, AND SOUD WASTE COLLECTION AND DISPOSAL, ARE AVAILABLE AND ADEQUATE TO SERVE USES AUTHORIZED UNDER THE PROPOSED ZONING. UST PUBUC AND COMMUNITY FACILITIES AVAILABLE ON THE SITE. The public and community facilities in the area are adequate and rezoning to MU-1 will not result in an increase in public expenditures. G. A TRAFFIC IMPACT ANALYSIS HAS BEEN PROVIDED TO INDICATE THE POTENTIAL NUMBER OF NEW TRIPS GENERATED AND PROVISION S ARE PROVIDED TO MITIGATE IMPACTS OF HIGH TRAFFIC-GENERRATING PROJECTS. This criteria does not apply to our request. H. AUTHOIZED USES SHALL NOT ADVERSELY AFFECT THE CAPACITY OR SAFETY OF THE STREET NETWORK IN THE VICINITY OF THE PROPERTY. i. DESCRIBE THE PROPOSED USE. i. One parking space per unit for a total of 2 vehicles potentially. MU-1 rezoning will not unduly increase traffic on the street. ii. WILL THE PROPOSED USE ADVERSELY AFFECT THE CAPACITY OR SAFETY OF THE STREET NETWORK IN THE VICINITY OF THE PROPERm WHY /WHY NOTI ii. The proposed use will not adversely affect the capacity or safety of the street network in the vicinity of the property. Parking of one car per unit is all that is needed and space for same is already provided on the property itself, and not on the street. I. POTENTIAL ENVIRONMENTAL IMPACTS (E.G. EXCESSIVE STORM WATER RUNOFF, WATER POLLUTION, AIR POLLUTION, NOISE POLLUTION, EXCESSIVE UGHTING, OR OTHER ENVIRONMENTAL HARMS) OF AUTHORIZED USES SHALL BE MITIGATED. LIST ANY POTENTIAL ENVIRONMENTAL IMPACTS AND HOW THEY WILL BE MITIGATED. This criteria does not apply to our request. We are not aware of any potential environmental impacts that might be caused by the zoning change. No changes we have planned for the building will have any potential impact. J. THERE IS AN ADEQUATE SUPPLY OF LAND AVAILABLE IN THE SUBJECT AREA AND THE SURROUNDING COMMUNITY TO ACCOMMODATE THE ZONING AND COMMUNITY NEEDS. This criteria does not apply to our request. There is adequate land available on the property to accommodate the MU-1 zoning needs. No need for any additional land to accommodate the zoning change. K. BENEFITS SHALL BE DERIVED BY THE COMMUNITY OR AREA PROPOSED TO BE REZONED. UST THE BENEFITS OF THE PROPOSED REZONING. The benefits to be derived from the proposed rezoning would initially manifest itself In the refurbishing of a property that has been lacking an attractive aesthetic quality for many years. Renovation of the exterior and interior will help to improve neighboring property values and neighborhood aesthetics. The community will also benefit because grounded, lasting, consistent residents add economic vibrancy and stability to the area by frequenting the local stores, businesses and restaurants in Old Munichberg and Jefferson City. Rezoning of 203 East Dunklin to MU-1 is appropriate for the property and an appropriate solution for the parking issues for the current commercial tenants trying to do business at 205 East Dunklin and other businesses on East Dunklin. By rezoning and converting the 203 East Dunklin building to 2 residential one bedroom apartments, in which residents will only be permitted to park one vehide per unit, the commercial businesses at 205 East Dunklin and their customers will be able to utilize and share the unused spaces during business hours at 203 East Dunklin when the residents are at work. This provides some 'overflow parking spaces' for the commercial tenants and their customers during business hours and also prevents on-street parking from being absorbed by customers doing business at 205 East Dunklin. As long time property owners in the Old Munichberg area and residents of Jefferson City, we are invested in the area and have an interest in not only protecting our own investments, but seeing the city grow, the neighborhood improve and become a vital part of the city's Plan for the area. We are excited to be part of the revitalization of the city and are willing to continue to invest our time, effort and finances in the community by utilizing a property that has been underutilized for quite some time. Preventing deterioration of the buildings in the area, such as we are doing, benefits not only the city, but the residents. It enriches the city center environment and strengthens the quality of life for residents. Our request for rezoning 203 East Dunklin from C-2 to MU-1 is a reasonable one that makes the best possible use of an existing structure. Rezoning to MU-1 will not be detrimental to public welfare, injurious to the other property owners in the area or negatively affect any of the improvements in the neighborhood which have already been made and therefore, we ask for your approval of our request. Thank you for your service on the Planning & Zoning Committee and City Council and the time you've devoted to hearing and considering our Application for Zoning Amendment. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 June 30, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15p.m. on Thursday, July 14, 2022, to consider the following matters (see map on back): Case No. P22007-203 East Dunklin, Rezoning from C-2 to MU-1. Request filed by Luke and Gretchen Vislay, property owners, for a rezoning of 0.05 acres from C-2 General Commercial to MU-1 Mixed Use . The rezoning request's purpose is for conversion of an existing structure into a 2 unit residence containing 1 bedroom apartments . The property is located at the northeast corner of the intersection of Madison Street and East Dunklin Street and is described as Part of lnlot No . 823 , in the City of Jefferson, Missouri. As a nearby landow ner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone , however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: JCPianning@jeffersoncitymo.gov fax: Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail : Dept. of Planning and Protective Services I Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City , MO 65101 Written comments received on or before 1:00 p.m . on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman on ly at the meeting. Correspondence received after 1:00 p.m . will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information , this case is tentatively scheduled for a public hearing in front of the City Council on August 15, 2022. The City Council meets at 6:00 p.m . in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www .jeffersoncitymo .gov/governmenUplanning/p lanninq and zoning commission .php If you have any questions concerning this matter, please contact 573 .634.6573. ~ Kortney Bliss Planner 1 Individuals should contact the ADA Coo rdinato r at (573 ) 634-6570 to reques t accommodations o r a lternativ e formats as re quired under the Americans w ith Di sabiliti es Act. Please allow three bus iness days to process the request. Please call (573 ) 634 -6410 with questions regarding agenda items. Jefferson City Planning and Zoning Commission Property Owner List Case P22007 203 East Dunklin Street 7/14/2022 THOMAS, DARRYl J & STEPHANIE M 225 E DUNKLIN ST JEFFERSON CITY MO, 65101 225 E DUNKLIN ST MO 65101 SMITH, THOMAS W JR & CATHERINE I 320 MONROE ST STCHARlES MO, 63301 209 E CEDAR WAY MO 65101 LAMB, ZACHARY & ROBYN 5580 S VAN GORDON WAY liTILETON CO, 80127-4584 211 E CEDAR WAY MO 65101 ARETE 220 ll C 220 E DUNKLIN ST JEFFERSON CITY MO, 65101 220 E DUNKLIN ST MO 65101 MCGENNIS GROUP ll C 12110 CO RD 4049 HOLTS SUMMIT MO, 65043 615 MADISON ST MO 65101 GASH lEASING ll C PO BOX203 HIGGINSVIllE MO, 64037 E DUNKLIN ST MO 65101 DALLMEYER, STEPHAN D TRUSTEE PO BOX96 JEFFERSON CITY MO, 65102 130 E DUNKLIN ST MO 65101 EDWARDS, WilliAM B & MARIDEE 1750 TANNER BRIDGE RD JEFFERSON CITY MO, 65101 203 E DUNKLIN ST MO 65101 ABADIS PROPERTY l L C 5601 E DEER PARK RD COLUMBIA MO, 65201 200 E CEDAR WAY JEFFERSON CITY, MO 65101 DRUBECK INC 2632 TWIN HillS RD JEFFERSON CITY MO, 65109 5-6-7-8 DANCENTER MO STONEBRIDGE PROPERTY MANAGEMENT ll C 210 E DUNKLIN ST #A4 JEFFERSON CITY MO, 65101 210 E DUNKLIN ST MO 65101 MISSOURI JAYCEE FOUNDATION INC 222 E DUNKLIN ST JEFFERSON CITY MO, 65101 222 E DUNKLIN ST MO 65101 VISCO ENTERPRISES l L C PO BOX 104182 JEFFERSON CITY MO, 65110-4182 205 E DUNKLIN ST MO 65101 S P I REAl TV l L C 302 S MAPLE ST ELDON MO, 65026 701 MADISON ST MO 65101 CENTRAl DAIRY CO 610 MADISON ST JEFFERSON CITY MO, 65101 616 MADISON ST MO 65101 CENTRAL DAIRY CO 610 MADISON ST JEFFERSON CITY MO, 65101 605 MADISON ST MO 65101 SlAUGHTERHOUSE ENTERPRISES ll C 1114 VINEYARD SQ JEFFERSON CITY MO, 65101 217 E CEDAR WAY MO 65101 MCGENNIS, ANGIE l PO BOX 106026 JEFFERSON CITY MO, 65110 Jefferson City Planning and Zoning Commission Property Owner list Case P22007 203 East Dunklin Street 617 MADISON ST MO 65101 SMITH, THOMAS W JR 320 MONROE ST STCHARLES MO, 63301 210 E CEDAR WAY MO 65101 COSIMO PROPERTIES L L C 920 NOB HILL JEFFERSON CITY MO, 65109 704 MADISON ST MO 65101 BARNES, RANDALL 0 219 E DUNKLIN ST STE A JEFFERSON CITY MO, 65101 219 E DUNKLIN ST MO 65101 CHAPEL HOUSE L L C 701 PRIMROSE CT JEFFERSON CITY MO, 65109 211 E DUNKLIN ST MO 65101 MILLER, TODD LAW OFFICES OF L L C 1305 SOUTHWEST BLVD STE A JEFFERSON CITY MO, 65109 208 E CEDAR WAY MO 65101 CENTERPOINT£ PEOPERTIES L L C 143 SANDRA LN NORTH ANDOVER MA, 1845 620 MADISON ST MO 65101 FREEMAN PROPERTIES J C M 0 L L C 1324 ROSEVIEW DR JEFFERSON CITY MO, 65101 128 E DUNKLIN ST MO 65101 A G PROPERTY RENTAL L L C 3226 S TEN MILE DR JEFFERSON CITY MO, 65109 206 E DUNKLIN ST JEFFERSON CITY, MO 65101 7/14/2022 Case P22007 203 East Dunklin Street Rezoning from C-2 to MU-1 / 185 ft. Notification Buffer 0 37.5 75 150 225 300 ------Feet / \ CITY COUNCIL “PRE-MEETING” WORK SESSION, AUGUST 1, 2022 CALL TO ORDER Mayor Carrie Tergin called the August 1, 2022 City Council “Pre-Meeting” to order at 5:45 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Fitzwater, Hensley, Lester, Schreiber, Spencer, and Spicer Absent: Kemna, Ward, and Wiseman DISCUSSION OF AGENDA ITEMS Councilmember Hensley will lead the prayer. Miscellaneous Agenda Items - Local, Special Olympics athletes and their coach will be in attendance and recognized for their medals earned at the recent, national competition in Florida. ARPA Funds Discussion - Councilmember Hensley will continue the ARPA funds discussion. Public Hearings - There are two bills with public hearings. Both are related to the Simonsen Redevelopment Project. Representatives from Tegethoff Development and Gilmore & Bell PC will be in attendance with a presentation and to answer any questions. Appointments by the Mayor - The recommended appointment of Shiela Pearre as Director of Finance and inf ormation Technology may be moved to after the scheduled closed session. If the City Council desires to move this item, a motion will be made at the appropriate time. Consent Agenda - There were no questions at this time. Bills Introduced - City Staff presented their introduced bills. Councilmember Hensley and Councilmember Spencer will each have an amendment to make to two ARPA bills. Councilmember Wiseman and Councilmember Kemna arrived to the meeting at 5:50 P.M. Bills Pending - City Staff presented their pending bills. CITY COUNCIL “PRE-MEETING” WORK SESSION, AUGUST 1, 2022 Resolutions - City Staff presented their resolutions. ADJOURNMENT The meeting adjourned at 5:58 P.M. 1 REGULAR COUNCIL MEETING, AUGUST 1, 2022 CALL TO ORDER Mayor Carrie Tergin called the August 1, 2022 City Council meeting to order at 6:02 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Absent: Ward ADOPTION OF THE AGENDA Councilmember Spencer motioned and Councilmember Spicer seconded the motion to adopt an amended agenda, moving item 7(a.) Appointment of Shiela Pearre as Director of Finance and Information Technology to immediately after the scheduled closed session. The motion passed unanimously. MISCELLANEOUS AGENDA ITEMS Mayor Tergin invited local Special Olympics athletes to the podium, along with their coach, Curt Yaeger. They recently attended the 2022 U.S Special Olympics in Florida. Each athlete introduced themselves, announced the sport in which they participated and the medal they received. Mayor Tergin gave them each a City coin and took a picture with the team and City Councilmembers. ARPA FUNDS DISCUSSION Finance Chair Councilmember Hensley and City Councilmembers continued the ARPA Funds discussion. Jefferson Citian Stephanie Johnson expressed her disappointment in the City Council’s decision to not fund any non-profit organizations with the City’s ARPA funds. Councilmember Hensley thanked City Councilmembers and City Staff for their work on the ARPA funds allocations. PUBLIC HEARINGS a. Authorizing Chapter 353 Tax Abatement for the Simonsen Redevelopment Project i. Associated Pending Bill 2022-030 A brief Staff presentation was made by Ryan Moehlman, City Attorney. Ellen Witt, with Tegethoff Development presented the redevelopment project PowerPoint to City Council and answered City Council questions. Mark Spykerman with Gilmore & Bill, P.C. was available to answer any financing questions. 2 REGULAR COUNCIL MEETING, AUGUST 1, 2022 There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded . 2022-030 sponsored by Councilmember Fitzwater, entitled AN ORDINANCE DESIGNATING A CERTAIN TRACT OF LAND IN THE CITY OF JEFFERSON, MISSOURI, AS A BLIGHTED AREA; APPROVING THE DEVELOPMENT PLAN FOR THE SIMONSEN REDEVELOPMENT PROJECT; APPROVING A DEVELOPMENT AGREEMENT IN CONNECTION WITH THE DEVELOPMENT PLAN; AND AUTHORIZING THE CITY TO ENTER INTO CERTAIN AGREEMENTS AND TAKE CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Bill 2022-030 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16249. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward b. Authorizing Chapter 100 Bonds for the Simonsen Redevelopment Project ii. Associated Pending Bill 2022-031 A brief Staff presentation was made by Ryan Moehlman, City Attorney. Ellen Witt, with Tegethoff Development and Mark Spykerman with Gilmore & Bill, P.C. were available to answer any questions. There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded . 2022-031 sponsored by Councilmember Fitzwater, entitled AN ORDINANCE AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS (SIMONSEN REDEVELOPMENT PROJECT), SERIES 2022, IN A PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF ACQUIRING, CONSTRUCTING AND IMPROVING A FACILITY FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY; APPROVING A PLAN FOR THE PROJECT; AND AUTHORIZING THE CITY TO ENTER INTO CERTAIN AGREEMENTS AND TAKE CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 3 REGULAR COUNCIL MEETING, AUGUST 1, 2022 Bill 2022-031 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16250. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward APPOINTMENTS BY THE MAYOR The agenda was amended, and this item was moved to after closed session. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – The next meeting is Wednesday, August 3rd, 7:30 A.M. in the Boone-Bancroft Room. • Finance Committee – The first Budget Committee meeting is August 11th, 5:30 P.M. in City Council Chambers • Public Safety Committee – The next meeting is August 25th, 7:30 A.M. in the Police Training Room. • Public Works & Planning Committee – A special meeting was held on July 27th, to discuss the High Street viaduct. The next regular, monthly meeting is August 11th, 7:30 A.M. in Council Chambers. Mayor’s announcements: • The National Night Out event is Tuesday, August 2 nd. If neighborhoods are hosting National Night Out events and would like a police officer(s) to attend, please contact the Police Department to schedule. • Mayor Tergin is fundraising for future USS Jefferson City Crew visits to the City of Jefferson. She is selling t-shirts in the lobby at City Hall. A pickleball tournament fundraiser is in the early planning stages. • The City is a United Way pacesetter team. Pledge cards have been distributed to City Council and Staff. Please return your pledge cards to Jennifer Suchanek in City Hall. The City’s pacesetter committee hosted a trivia night at Last Flight Brewery to raise funds. A community bike ride was held the same night. • Last week was the Cole County Fair. Good weather helped drive attendance numbers. • Firefighters Local 671 Annual Golf Tournament fundraiser is August 5 th. Tickets and sponsorship opportunities are available. 4 REGULAR COUNCIL MEETING, AUGUST 1, 2022 • The Guns and Hoses hockey match is August 27th. Tickets and sponsorship opportunities are available. • Election day is tomorrow, August 2nd. Mayor Tergin encouraged everyone to vote. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Allen Tatman, owner of Paddy Malone’s spoke in favor of consent agenda item. b as it relates to his property. CONSENT AGENDA a. Minutes of City Council Meetings: July 18 b. Authorizing Permissive Use of Right-of-Way for the Installation of a Handicap Accessible Ramp to the Back Deck of the Building at 700 W . Main St. Councilmember Lester motioned and Councilmember Spicer seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-040 (Funds CVB Lost Revenue) sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Councilmember Lester motioned to amend the bill to provide $75,000 of the requested $175,000 ARPA funds to the Convention & Visitors Bureau (CVB) now. If the CVB does not get a grant to cover the remaining $100,000, the City would allocate $100,000 of City ARPA funds to the CVB at that time. With no second, the motion failed. Councilmember Hensley requested to suspend the rules and take up bill 2022-040 for third reading and passage. With no objection, bill 2022-040 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16251: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward 2022-041 (Downtown Beautification Planter Matching Funds) sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. 5 REGULAR COUNCIL MEETING, AUGUST 1, 2022 Councilmember Hensley requested to suspend the rules and take up bill 2022-041 for third reading and passage. With no objection, bill 2022-041 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16252: Aye: Fitzwater, Hensley, Kemna, Schreiber, Spencer, Spicer, and Wiseman Nay: Deeken and Lester Absent: Ward 2022-042 (Organizational Review Study Cost Set Aside ) sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Councilmember Hensley requested to suspend the rules and take up bill 2022-042 for third reading and passage. With no objection, bill 2022-042 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16253: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward 2022-043 (Revenue Loss to the General Fund to Fund Identified Operating Expenditures ) sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Councilmember Hensley motioned and Councilmember Fitzwater seconded the motion to amend the bill to authorize $1,021,442.39 of ARPA funds for 1) Software Licenses/Maintenance - $140,000, 2) Salaries & Taxes - $91,442.39, and 3) High Street Viaduct -$790,000. The motion passed unanimously by voice-vote. Councilmember Hensley requested to suspend the rules and take up bill 2022-043 as amended for third reading and passage. With no objection, bill 2022-043 as amended was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16254: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None 6 REGULAR COUNCIL MEETING, AUGUST 1, 2022 Absent: Ward 2022-044 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF CITY TAXES AND ESTABLISHING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2022. 2022-045 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE LEVY OF GROSS RECEIPT UTILITY TAX (GRUT ) AND CONTINUING AND READOPTING THE RATE OF TAXATION FOR THE CITY OF JEFFERSON, MISSOURI FOR THE YEAR 2022-2023. 2022-046 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 0.05 ACRES OF LAND ADDRESSED AS 203 EAST DUNKLIN STREET FROM C-2 GENERAL COMMERCIAL TO MU-1 MIXED USE. 2022-047 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI RELAT ING TO ITS FINANCE DISCLOSURE POLICY AND CONFLICT OF INTEREST. 2022-048 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY OF ATCHISON COURT. 2022-049 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE ENVIRONMENTAL QUALITY COMMISSION MEMBERS SECTION TO REDUCE THE NUMBER OF MEMBERS. 2022-050 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE PERTAINING TO PARKING TIME, FEES, AND PENALTIES. 2022-051 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TEMPORARILY WAIVING THE REQUIREMENT FOR CITY COUNCIL APPROVAL FOR GRANT APPLICATIONS THAT REQUIRE $25,000 OR MORE OF CITY MATCHING FUNDS. 7 REGULAR COUNCIL MEETING, AUGUST 1, 2022 BILLS PENDING 2022-030 Taken Up Under 6(a.) 2022-031 Taken Up Under 6(b.) 2022-032 (Lincoln University ARPA funds) sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Bill 2022-032 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16255: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward Substitute 2022-034 (Funds for Grant Match – PD Body and Car Cameras) sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Councilmember Hensley motioned and Councilmember Spicer seconded the motion to withdraw the bill from this agenda and future agendas. The motion passed unanimously by voice-vote. Substitute 2022-035 (Police Station Elevator Replacement) sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Substitute Bill 2022-035 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16256: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward 2022-036 (MSP Redevelopment Project Set Aside) sponsored by Councilmember Wiseman 8 REGULAR COUNCIL MEETING, AUGUST 1, 2022 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Bill 2022-036 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16257: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward 2022-037 (Infrastructure & Capital Projects) sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Bill 2022-037 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16258: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward Substitute 2022-038 (Hyde Park Burn Building) sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Councilmember Spencer motioned and Councilmember Hensley seconded the motion to amend the substitute bill to authorize $1,600,000 of ARPA funds for 1) Hyde Park Burn Building - ARPA - $1,00,000, 2) High Street Viaduct – ARPA - $300,000, 3) Private Property Stormwater Repair - ARPA - $200,000, and 4) Demolitions – ARPA - $100,000. The motion passed unanimously by voice-vote. Substitute bill 2022-038 as Amended was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16259: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward 2022-039 (Soccer Complex) sponsored by Councilmember Hensley 9 REGULAR COUNCIL MEETING, AUGUST 1, 2022 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING FUNDING AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS AS OUTLINED IN EXHIBIT A. Bill 2022-039 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16260: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward INFORMAL CALENDAR There was nothing on the informal calendar at this time. RESOLUTIONS RS2022-11 sponsored by Councilmember Deeken A RESOLUTION SUSPENDING TRANSIT FIXED-ROUTE FARES FOR A PERIOD NOT TO EXCEED SIX MONTHS Matt Morasch, Director of Public Works, presented the resolution. Councilmember Fitzwater motioned to amend the timeframe from a 6 -month suspension to a 3-month suspension. Councilmember Spencer seconded the motion. After discussion between City Councilmembers and City Staff, Councilmember Fitzwater withdrew the motion. Councilmember Deeken motioned to adopt RS2022-11. Councilmember Spicer seconded the motion. The motion failed by the following roll-call vote: Aye: Deeken, Hensley, Spencer, Spicer Nay: Fitzwater, Kemna, Lester, Schreiber, Wiseman Absent: Ward Angela Hirsch, Public Transit Advisory Chair spoke briefly on the resolution after the roll - call vote was taken. She encouraged everyone to change how they think about public transportation in general. It shouldn’t be considered a public service, but as an economic development tool. She suggested using the amount money that would have been lost from a 6-month suspension towards a public transit marketing plan. RS2022-17 sponsored by Councilmember Fitzwater A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI ADOPTING THE CDBG 2022 ACTION PLAN AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Sonny Sanders, Director of Planning & Protective Services, presented the resolution. 10 REGULAR COUNCIL MEETING, AUGUST 1, 2022 Councilmember Lester motioned to adopt RS2022-17. Councilmember Fitzwater seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward RS2022-18 sponsored by Councilmember Fitzwater A RESOLUTION AUTHORIZING CHANGE ORDERS FOR JEFFERSON ASPHALT AND DONELSON CONSTRUCTION CONTRACTS IN ASSOCIATION WITH THE 2022 STREET MAINTENANCE PROGRAM Matt Morasch, Director of Public Works, presented the resolution. Councilmember Fitzwater motioned to adopt RS2022-18. Councilmember Spencer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS Councilmember Spencer expressed his concern with Bird Scooters operating in the City. City Attorney Ryan Moehlman said the topic would be on the next Public Works & Planning Committee Agenda to discuss. CLOSED SESSION Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, Mayor Tergin e ntertained a motion to go into Closed Session to discuss the following: i. Hiring, firing, promotion, or discipline of particular employees [Sec. 610.021(3)] ii. Individually identifiable personnel records [Sec. 610.021(13)] A motion was made by Councilmember W iseman to go into Closed Session for the above-stated reasons, seconded by Councilmember Lester and approved by the following roll-call vote at 8:29 P.M.: 11 REGULAR COUNCIL MEETING, AUGUST 1, 2022 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Nay: None Absent: Ward RECONVENE IN OPEN SESSION Following the Closed Session, the City Council reconvened in Open Session at 9:12 P.M. with the following Councilmembers present: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Wiseman Absent: Ward APPOINMENTS BY THE MAYOR City Administrator Steve Crowell and Mayor Tergin presented their recommended appointment for the Director of Finance and Information Technology, Shiela Pearre. Councilmember Hensley motioned and Councilmember Lester seconded the motion to approve Shiela Pearre as the Director of Finance and Information Technology. The motion passed unanimously by voice-vote. UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Schreiber, and approved unanimously at 9:13 P.M. BILL SUMMARY BILL NO: 2022-053 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing a $68 ,710 Engineering Design Contract with Bartlett & West Inc. for the Basin 7-Phase Ill Relief Sewer DATE INTRODUCED: August 15, 2022 DEPARTMENT DIRECTOR(S : _ _,....,.~'-"--'-7~'7---''-"---f---""'~:----------­ CITY ADMINISTRATOR:_...,,..:........:::'------'-~::.=....~~---------- Staff Recommendation: Approve. Summary: This design will complete a multi-phase project to eliminate wet weather sanitary sewer overflows and occasional basement backups in the South Branch of Wears Creek drainage area. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J . MORASCH, P .E./Eric Seaman , P.E . Background Information: This was identified as a bond project from the issue in April, 2022 and will complete a long -term wet weather capacity program to address overflows and basement backups during heavy rainfall events. The projects were phased to accommodate Highway 50 road improvements at Lafayette Street and economy due to high construction costs encountered in 2015/2016 . Fiscal Information: The project will be expensed from the wastewater enterprise fund . It has been proposed as a State funded wastewater American Rescue and Recovery Act project with this design work as part of the City's in-kind contribution. Bartlett & West, Inc. ($68,710) Account Available Required Remaining 64-990-579872 $69,000.00 $68 ,710.00 $290.00 BILL NO . 2022-053 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $68,710 AGREEMENT WITH BARTLETT & WEST INC. FOR THE BASIN 7-PHASE Ill DESIGN. WHEREAS, Bartlett & West, Inc . was selected as the firm best qualified to prov ide professional services related to Sewer Basin 7 -Phase Ill Relief Sewer project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. Bartlett & West , Inc . is declared to be the lowest and best bid and is hereby approved as the best firm to provide professional services for the Basin 7 - Phase Ill Relief Sewer project. Section .f.. The Mayor and City Clerk are hereby authorized to execute an agreement with Bartlett & West, Inc . for Basin 7-Phase Ill Relief Sewer project. Section ~· The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 1_. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: -----------------------Approved : ____________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the Public Works Department of the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Bartlett & West, Inc., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain construction management services for the Basin 7 Phase III Relief Sewer Improvements project, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to engage in project management services, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract upon acceptance of said work by the Public Works Department of the City of Jefferson. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Sixty-Eight Thousand Eight Hundred and Seven Hundred and Ten Dollars and No Cents ($68, 71 0.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall render certain services, as set forth in Exhibit A, within two (2) years of the date last executed by a party as indicated below. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services 2 required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors~ and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race~ creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership~ or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants~ agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by 3 giving at least fourteen ( 14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 19. Indemnity. A. Indemnity by Consultant. Consultant agrees to indemnify and hold harmless Client from and against 4 damages, losses, costs or expenses (including reasonable attorney's fees) actually incurred by Client but only to the extent caused by the negligent performance of Consultant. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. If Client and Consultant are both at fault for certain damages, then each party shall bear liability for its own respective percentage of fault. B. Consultant will not be required to indemnify Client for claims caused or alleged to be caused in whole or in part by the acts or omissions of Client or other third parties for whom Consultant is not responsible. C. Under no circumstances shall Consultant be required to pay the defense costs of Client, unless Consultant is adjudged to be negligent by a court of law and such defense costs are included as damages in the award. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 5 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 6510 I If to the Contractor: Bartlett & West, Inc. Attn: Gary Davis, P.E., Engineer VIII 1719 Southridge Drive, Suite I 00 Jefferson City, MO 65109 [Signatures to Follow on Next Page] 6 CITY OF JEFFERSON, MISSOUIH BARTLETT & WEST, INC. Mayor T it l fit£t¥J~)~~- Date: ___ _ Date: 7-2..4-Z-•'2-"2.. ATfEST: APPROVED AS TO FORM: Bartlett &West Background 1719 Southridge Drive, Suite 100 Jefferson City, MO 65109-4000 ph (573) 634-3181 www . bartlettwest. com EXHIBIT A SCOPE OF WORK BASIN 7 PHASE Ill RELIEF SEWER IMPROVEMENTS CITY OF JEFFERSON, MISSOURI BARTlETT & WEST PROJECT NUMBER: 18259.007 The purpose of this task order is to provide services to assist the City of Jefferson (CLIENT) with completing sanitary sewer collection improvements to address long-term wet-weather capacity issues west of Highway 54. The proposed project will complete the multi-phase project that was broken up for cost considerations and to accommodate Highway 50 improvements. The proposed project was originally designed by Bartlett & West in 2015, and easements were acquired based on tha t design. Parts of the original project including the crossing of Jefferson Street have been completed by the City, but no as-builts exist. In addition, it is known that several utilities ha ve been added to the project area since 2015. Therefore, an updated topographical survey and design is necessary to avoid conflicts with existing utilities in the area. Previous flow data and modeling completed during the original project will also be revisited to verify that the proposed infrastructure is sized properly to handle fu ture wet- weather flows . Additional flow monitoring data will be collected to verify previously collected data an d ensure that proposed infrastructure is sized correctly. Scope of Work The Consultant will perform the following tasks in rel ation to the project. 1. Project Scoping a. Initial coo rdination with CLIENT to develop the scope, fee, schedule, and contract. 2. Project Management a. Administration of contract, invoices, and project documentation. b. Coordination with CLIENT during design c. Internal team meetings d. Data acquisition-prepare list of data needed and coordinate with Client to gather data 3. Wastewater Collection Gravity Sewer Design & Specifications-Final Design a. Field walkthrough to determine if previous plans need to be re vised (for additional fee) or if topo and boundary survey need to be updated (for additional fee). b. Update cover sheet and re-seal plans and specs c. Prepare new bid form and quantities d. Preparation of final plan set and submittal to Client for bidding 4. Bidding Phase Services a. Compilation of bid -ready documents &: Driving community and industry forward, together. b. Quantity takeoff and preparation of bid table c. Prepare opinion of probable construction cost based on bid-ready plan set d. Prepare for and assist with pre-bid meeting for prospective bidders e. Address bidder questions regarding the plans and contract documents f . Prepare and issue contract addenda and provide supplemental information or clarification, as appropriate, to interpret, clarify or expand the bidding documents to all prospective bidders during the bidding process g. Attend the bid opening meeting, prepare the bid tabulation sheet, assist Client in evaluating bids, and produce recommendation of award 5. Construction Administration a. Prepare for and assist with pre-construction meeting for awarded Contractor b . Review contractor-submitted shop drawings and material submittals for compliance with Contract documents as requested by the City (anticipated to be for pipe materials, manholes, rings/lid s, road materials, and b ackfill material s) c. Respond to Contractor RFi s with respect to design intent d. Administration of pay reque sts and change orders as requested by Client e. Conduct periodic site visits to monitor work completion. Assum es 2 site visits per month for 6 months. f. Conduct final insp ec tion to assist City with punch-list development g. Compile re co rd drawings showing alterations to bid drawings. Mark-ups of alterations to be provided by the City. Services Not Included with this Tas k Order 1 . Strikethrough items above 2. Unforesee n permitting fee s not included in the scope of work 3. Preparation of easement documents 4 . Easement acquisition assistance and coordination with property owners. Assumes owne r will handle all necessary easement acquis i tion and coordination tasks. 5 . Attendance of Client Board of Aldermen meetings 6 . Attendance of Public Meetings 7. Permitting fees of any kind (assume s Client will p ay all required permitting fees) 8 . Roadway right-of-way permit acquisition 9. Preparation of a facility plan or engineering report 10. Geotechnical Engineering 11. Preparing and printing of O&M manuals 12. Preparation of front-end contract docume nts 13. Environmental as sess ments or reports 14. Archeological or cultural evaluations of the project site. 15. Materials t es ting of any kind during construction-contractor shall be responsible for all materials te sting . 16. Construction staking 17 . Full -time construction observation 18. Issuing advertisement for bidding including advertising fees & Driving Community and Industry Fo rward. Together. 19 . Bidding the project more than once 20. Value engineering following bidding. If construction bids come in over budget, value engineering can be provided for additional fee. 21. Surveying for as-built record drawings. 22. Services resu lting from significant changes in the scope, extent, or character of the project. 23. Serving as a Consultant or witness for the Client in any litigation, arbitration, and/or other dispute resolution process related to the project. 24. Project closeout administration 25. In spections of any kind during the 1-ye ar warranty period. If Client desires final 11-month warranty inspection , these services can be provided for additiona l fee . Client Responsibilities 1. Provide any applicable project data requested by Consultant 2. Provide input for design decisions 3. Timely reviews of draft documents & Driving Community and Industry Forward, Together. CITY OF JEFFERSON LAW DEPARTMENT REQUEST FOR CONTRACT Date submitted: 6/29/22 Department requesting contract: Public Works Departmental contact person: Eric Seaman Has this gone through the Purchasing Department? 0 Yes If yes, please state the bid number if applicable: RFQ -Prior Work Sample Contract: Is this a sample contract? If yes, is the anticipated amount over $75,000? Is it required to hire a design specialist or architect? Contract Information: Description: Basin 7 Work -Time and Material Total amount: not to exceed $68,71 0 Term: 2 years DYes DYes DYes DNo [Z]No DNo 0No Is this a renewal of a previous contract? DYes 0No If not a renewal, is this similar to a previous contract? [Z]Yes 0No If yes, please state the previous contract: Bartlett & West, Dunklin St BridQe 2018 Contractor Information: Company/Organization name: Bartlett & West, Inc Contact person: Gary Davis, P.E., EnQineer VIII Address: 1719 SouthridQe Drive, Suite 100, Jefferson City, MO 65109 Phone: 573-659-6731 Email: Qary.davis(Q}bartwest.com Is there a specific deadline? DYes If yes, please state date and nature of deadline: [Z]No Are federal funds being used? DYes [i]No If yes, please include required federal terms with submittal to Law Department. Is City Council/Parks Commission approval required? 0Yes 0No If yes, please state if there is a desired Council/Commission meeting date for introduction: July 18, 2022 Signature Block: 0 Mayor D City Administrator D Parks' Commission President D Director of Parks Please attach copies of the following (mark those applicable): D Scope of service D Solicitation document 0 Vendor response D Other (specify) Other Comments: BILL SUMMARY BILL NO: 2022-054 SPONSOR: Councilmember Wiseman SUBJECT: Amend Chapter 19 of the Code of the City of Jefferson , Schedule J (Parking Prohibited), by the Addition of 40-feet on the North Side of Colonial Hills Road , West of Independence Drive DATE INTRODUCED : August 15, 2022 DEPARTMENT Dl RECTOR(S): __ ~"""'---r--;,.__....:....;_-+-(....::=------- CITY ADMINISTRATOR:~~~~~a~~~l_ _______ _ Staff Recommendation: Approve . Summary: If approved , this would prohibit parking for 40-feet (one parking space and curb radius) on the north side of Colonial Hills Road , west of Independence Drive . Origin of Request: Ms. Carrie Andres ; through the Transportation & Traffic Commission Department Responsible: Department of Public Wo rks PERSON RESPONSIBLE: MATT MORA SCH P .E ./David Bange , P .E . Background Information : The intersection of Colonial Hills Roa d and Independence Drive is a 'T ee ' intersection of residential streets . Independence Drive is square into the intersection and has a significant grade up f rom Colonial Hills Road . Co lonia l Hills Road is st raight and relatively flat at the intersection but has a relat ively close curve and st eep-down grade to t he west, and a bit farther out, curve and upgrade to the east. This geometry leads to limited sight distan ce to the west , which is further limited by 2 highly utilized park ing spaces on the north west side of the intersection. Given this , Staff would recommend removing parking on the north side of Colonial Hills Road for the 40' (forty-feet) west of the west curb line of Independence Drive. By removing one parking space , the sight distan ce would be improved while leaving space for 1 parking space and postal access to the mailbox. (Notifica t ion of this issue was mailed to owners and residents at 1729 -1735 Independence Drive and 2304 - 2315 Colonial Hills Road .) Th is issue was discussed at the August 2022 Transportation and Traffic Co mm ission meeting , along with positive feedback from a neighbor, and understanding from t he adj acent owner. Approval was recommended by Commission members (7-1 vote) to remove parking for 40-feet on the north side of Colon ial Hills Road , west of I ndepe ndence D rive (one parking spa ce and 1 curb radius). Fiscal Information: Estimated c ost for Staff to make changes to the code and $100 in labor and materials to modify no parking signs and /or markings. BILL NO. 2022-054 SPONSORED BY Councilmember Wiseman ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE J (PARKING PROHIBITED), BY THE ADDITION OF 40-FEET ON THE NORTH SIDE OF COLONIAL HILLS ROAD , WEST OF INDEPENDENCE DRIVE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. Chapter 19-401 (Motor Vehicles and Traffic), Schedule J (Parking Prohibited), of the Code of the City of Jefferson , Missouri, is hereby amended by the Addition of: Colonial Hills Road: on the north half ther·eof, west and within 40 feet of the west curb of Independent Drive. Section .f.. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : __________ _ Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVEDASTOFORM City Clerk Editor's note: Deleted language shown tffiffi . Added language shown thus. BILL SUMMARY BILL NO: 2022-055 SPONSOR: Councilmember Wiseman SUBJECT: Amend Chapter 19 of the Code of the City of Jefferson. Schedule 0 (Parking Time Limit Zones) and Schedule N (Parking Meter Zones and Monthly Parking Fees), by the Addition of Two Spaces on the South S ide, of the 400 Block of East High Street DATE INTRODUCED: August 15, 2022 DEPARTMENT DIRECTOR(S :___,.~~-r--:-....;...__...::...::.....-+-""'7=~--------- Staff Recommendation: Approve. Summary: If approved , this would modify westerly 2 parking spaces on the south side of the 400 block of E . High St. from 2-hour metered spaces to 1 0-minute, non-metered spaces. Origin of Request: Ms. Laura Whitmore (Plate & Pour), through the Transportation & Traffic Commission Department Responsible: Department of Public Works PERSON RESPONSIBLE: MATT MORASCH P.E ./David Bange, P .E. Background Information: Throughout downtown there are several 1 0-m inute, non-metered parking spaces. These spaces, similar to this request, were requested by a nearby bus iness to address high turnover traffic-ex ample Banks, Post Office, and La Chica Loca . As these spaces exist and function well in the downtown area , Staff would continue to support implementati on of these spaces unless there was strong opposition . That said , at this time Staff would s u ggest designating only the 2 most westerly spaces on the south side of t he block as 1 0 -m inute, non- metered parking , so there is still 2 longer timed limited parking d irect ly in front of 400 E. High St. Staff would also like to remind the requestor and City Council Members , that like the other spaces in downtown , these would be open to anyone based on avai lability, not reserved for any business or use . (Notification of this issue was mailed to the Library (214 Adams), Episcopal Church (217 Adams), Cole County Sheriff's Office (350 E. High St.), MO Bapt ist Co nvention (400 E. High St.), and the Downtown Association ) This issue w as discussed at the August 2022 Transportation and Traffic Comm iss ion meeting , along w ith positive/unobjecting feedback . A pproval of modifying the westerly, 2 spaces on the sout h side of the 400 block of East High Street to 1 0-minute , non-metered spaces was recommended by Commission members (8-0). Fiscal Information: Estimated cost for Staff to make changes to the code, and $500 in labor and materials to modify no parking signs and /or markings. Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-055 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 19 (MOTOR VEHICLES AND TRAFFIC), SCHEDULE O (PARKING TIME LIMIT ZONES) AND SCHEDULE N (PARKING METER ZONES AND MONTHLY PARKING FEES), BY THE MODIFICATION OF TWO SPACES ON THE SOUTH SIDE, OF THE 400 BLOCK OF EAST HIGH STREET. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 19-401 (Motor Vehicles and Traffic), Schedule O (Parking Time Limit Zones), of the Code of the City of Jefferson, Missouri, is hereby amended by the modification of: (a) Time Zone A (ten minute limit): Pursuant to Section 22-20 (c)(1), parking is prohibited at the following locations for longer than ten minutes on any day except Sunday during the designated hours. High Street, East: on the south side, of the 400 block, the first 2 legal parking spaces east of Adams Street; between the hours of 8:00 a.m. and 5:00 p.m. (e) Time Zone E (two-hour limit): Pursuant to section 22-20(c)(5), parking is prohibited at the following locations for longer than two hours on any day except Sunday during the designated hours. (2) Between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday: High Street, East: on the south side, of the 400 block, excluding the first 2 legal parking spaces east of Adams Street. Section 2. Chapter 19-401 (Motor Vehicles and Traffic), Schedule N (Parking Meter Zones and Monthly Parking Fees), of the Code of the City of Jefferson, Missouri, is hereby amended by the modification of: (b) On-Street Locations: Street Name Block Description Rate Per Hour Time Limit High Street, East 400 South Side, excluding the first 2 legal parking spaces, east of Adams St. $0.25 2 hours Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ___________ _ Approved : ________ _ Presiding Officer Mayor Carrie Tergin ATTEST : APPROVED AS TO FORM: City Clerk Editor's note: Deleted language shown tffils. Added language shown thus . BILL SUMMARYBILL NO:2022-056SPONSOR: Councilmember FitzwaterSUBJECT: Approval of a Consultant Agreement to Complete an EnvironmentalAssessment and Land Related Services Associated with the Planning for aNew Control Tower at the Jefferson City Memorial AirportDATE INTRODUCED: August 15. 2022DEPARTMENT DIRECTOR(S):o ^CITY ADMINISTRATORStaff Recommendation: Approve.Summary: This bill would authorize the Mayor and City Clerk to execute a consultantagreement with Jviation, a Woolpert Company, and a grant agreement with MoDOT forthe purpose conducting an Environmental Assessment and other Land Related servicesassociated with constructing a new control tower at the Jefferson City Memorial Airport.Origin of Request: City StaffDepartment Responsible: Department of Public WorksPERSON RESPONSIBLE: MATT MORASCH, P.E./Britt E. Smith, P.E.Background Information: As the City Council is aware, the airport is an importanttransportation facility not only to Jefferson City but for the Central Missouri region. Asthe Missouri state capital, the airport serves numerous government entities, businesses,aviation interests, and recreational users. The airport is one of the busiest airports in thestate, with more than 60 based aircraft and two fixed base operators (FBO).This grant would provide for funds to conduct an environmental assessment and otherland related services. This project is the next step required in the planning forreplacement of the control tower at the airport. The existing tower was constructed in1973 as a temporary structure until a more permanent facility could be funded.Fiscal Information: The grant amount is for $83,092 and will fund 100% of the projectcost. BILL NO. 2022-056SPONSORED BY Councilmember FitzwaterORDINANCE NO.AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ACONSULTANT AGREEMENT WITH JVIATION, A WOOLPERT COPMANY AND AGRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURIHIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OFCONDUCTING AN ENVIROMENTAL ASSESSMENT AND LAND RELATED SERVICESASSOCIATED WITH A NEW CONTROL TOWER FOR THE JEFFERSON CITYMEMORIAL AIRPORT.BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, ASFOLLOWS:Section 1. The City has selected Jviation, A Woolpert Company, as the planningconsultant for project at the Jefferson City Memorial Airport.Section 2. The Mayor and City Clerk are hereby authorized to execute anagreement with Jviation, A Woolpert Company, for the Environmental Assessment andLand Related Services project.Section 3. The Mayor and City Clerk are hereby authorized to execute a grantamendment with the Missouri Highways and Transportation Commission for the purposeof conducting the Environmental Assessment and Land Related Services project for theJefferson City Memorial Airport.Section 4. These agreements shall be substantially the same in form and contentas Exhibit A and B attached hereto.Section 5. This Ordinance shall be in full force and effect from and after the dateof its passage and approval.Passed: Approved:.Presiding Officer Mayor Carrie TerginATTEST: APPROVED AS TO FORM:City Clerk Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 1 Rev. 04/11/2018 Airport Name: Jefferson City Memorial Project No.: 22-040B-1 County: Callaway SAMPLE CONTRACT DOCUMENT We caution users that the provision of this suggested sample Consultant Agreement by the MoDOT is not an implied or explicit guarantee of legal sufficiency. The Sponsor is solely responsible for verifying the legal sufficiency of all matters concerning contracting. While Sponsors may use this document as a guide in preparing their own specific project Consultant Agreement, users of this sample Consultant Agreement must not consider this document as being complete and whole. Consult legal counsel to determine legal sufficiency. AVIATION PROJECT CONSULTANT AGREEMENT (FEDERAL ASSISTANCE) (Revision 04/11/2018) THIS AGREEMENT is entered into by Jviation, A Woolpert Company (hereinafter the "Consultant"), and the City of Jefferson, (hereinafter the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor has selected the Consultant to perform professional services to accomplish a project at the Jefferson City Memorial Airport; and WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and/or FAA land acquisition, environmental, planning, design and construction criteria and other requirements will be utilized unless specifically approved otherwise by MoDOT; and WHEREAS, the Sponsor intends to accomplish a project at the Jefferson City Memoria Airport as listed in Exhibit I of this Agreement, entitled "Project Description", which is attached hereto and made a part of this Agreement. NOW, THEREFORE, in consideration of the payments to be made and the covenants set forth in this Agreement to be performed by the Sponsor, the Consultant hereby agrees that it shall faithfully perform the professional services called for by this Agreement in the manner and under the conditions described in this Agreement. (1) DEFINITIONS: The following definitions apply to these terms, as used in this Agreement: (A) "SPONSOR" means the owner of the airport referenced above. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 2 Rev. 04/11/2018 (B) “SPONSOR’S REPRESENTATIVE” means the person or persons designated in Section (23)(A) of this agreement by the Sponsor to represent the Sponsor in negotiations, communications, and various other contract administration dealings with the Consultant. (C) "MoDOT" means the Missouri Department of Transportation, an executive branch agency of state government, which acts on behalf of the Missouri Highways and Transportation Commission. (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in Section (23)(B) of this agreement by the Consultant to represent that firm in negotiations, communications, and various other contract administration dealings with the Sponsor. (F) "DELIVERABLES" means all drawings and documents prepared in performance of this Agreement, to be delivered to and become the property of the Sponsor pursuant to the terms and conditions set out in Section (12) of this Agreement. (G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an entity owned and controlled by a socially and economically disadvantaged individual as defined in 49 Code of Federal Regulations (CFR) Part 26, which is certified as a DBE firm in Missouri by MoDOT. Appropriate businesse s owned and controlled by women are included in this definition. (H) "FAA" means the Federal Aviation Administration within the United States Department of Transportation (USDOT), headquartered at Washington, D.C., which acts through its authorized representatives. (I) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design or other proprietary information in any form or medium. (J) "SUBCONSULTANT" means any individual, partnership, corporation, or joint venture to which the Consultant, with the written consent of the Sponsor, subcontracts any part of the professional services under this Agreement but shall not include those entities which supply only materials or supplies to the Consultant. (K) "SUSPEND" the services means that the services as contemplated herein shall be stopped on a temporary basis. This stoppage will continue until the Sponsor either decides to terminate the project or reactivate the services under the conditions then existing. (L) "TERMINATE", in the context of this Agreement, means the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 3 Rev. 04/11/2018 cessation or quitting of this Agreement based upon the action or inaction of the Consultant, or the unilateral cancellation of this Agreement by the Sponsor. (M) "USDOT" means the United States Department of Transportation, headquartered at Washington, D.C., which acts through its authorized representatives. (N) "SERVICES" includes all professional engineering and related services and the furnishing of all equipment, supplies, and materials in conjunction with such services as are required to achieve the broad purposes and general objectives of this Agreement. (2) SCOPE OF SERVICES: (A) The services covered by this Agreement shall include furnishing the professional, technical, and other personnel and the equipment, material and all other things necessary to accomplish the proposed project detailed in Exhibit I of this Agreement. (B) The specific services to be provided by the Consultant are set forth in Exhibit II of this Agreement, entitled "Scope of Services," which is attached hereto and made a part of this Agreement. (3) ADDITIONAL SERVICES: The Sponsor reserves the right to direct additional services not described in Exhibit II as changed or unforeseen conditions may require. Such direction by the Sponsor shall not be a breach of this Agreement. In this event, a Supplemental Agreement will be negotiated and executed prior to the Consultant performing the additional or changed services, or incurring any additional cost for those additional services. Any changes in the maximum compensation and fee, or time and schedule of completion, will be covered in the Supplemental Agreement. Supplemental Agreements must be approved by MoDOT to ensure additional funding is available. (4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR: (A) At no cost to the Consultant and in a timely manner, the Sponsor will provide available information of record which is pertinent to this project to the Consultant upon request. In addition, the Sponsor will provide the Consultant with the specific items or services set forth in Exhibit III of this Agreement, entitled "Services Provided by the Sponsor", which is attached hereto and made a part of this Agreement. The Consultant shall be entitled to rely upon the accuracy and completeness of such information, and the Consultant may use such information in performing services under this Agreement. (B) The Consultant shall review the information provided by the Sponsor and will as expeditiously as possible advise the Sponsor of any of that information which the Consultant believes is inaccurate or inadequate or would otherwise have an effect on its design or any of its other activities under this Agreement. In such case, the Consultant shall provide new or verified data or information as necessary to meet the standards required under this Agreement. Any additional work required of the Consultant as the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 4 Rev. 04/11/2018 result of inaccurate or inadequate information provided by the Sponsor will be addressed per the provisions of Section (3) of this Agreement. The Consultant shall not be liable for any errors, omissions, or deficiencies resulting from inaccurate or inadequate information furnished by the Sponsor which inaccuracies or inadequacies are not detected by the Consultant, unless the errors should have been detected by the Consultant through reasonable diligence. (5) RESPONSIBILITY OF THE CONSULTANT: (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request; and, absent the foregoing, manuals and policies of the FAA, as published and in effect on the date of this Agreement. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction of the Sponsor project associated with this Agreement or during any phase of work performed by others on said project that is based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, desig ns, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans and specifications submitted for review by permit authorities, and plans and specifications issued for construction shall be signed, sealed, and dated by a Professional Engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be indicated on the design report, plans and specifications or included in the transmittal document. In addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 5 Rev. 04/11/2018 Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor. (6) NO SOLICITATION WARRANTY: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, 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, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Sponsor will have the right to terminate this Agreement without liability, or at 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, plus costs of collection including reasonable attorney's fees. (7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: (A) DBE Goal: The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 0% of the total Agreement dollar value. (B) Eligibility of DBE’s: Only those firms currently certified as DBE’s by MoDOT, City of St. Louis/Lambert Airport Authority, Metro, City of Kansas City, and Kansas City Area Transportation Authority are eligible to participate as DBEs on this contract. A list of these firms is available on MoDOT’s Office of External Civil Rights webpage at the following address under the MRCC DBE Directory: Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 6 Rev. 04/11/2018 http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_progra m.htm (C) Consultant's Certification Regarding DBE Participation: The Consultant's signature on this Agreement constitutes the execution of all DBE certifications which are a part of this Agreement. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the Sponsor deems appropriate, which may include, but is not limited to: withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Consultant from future bidding as non-responsible. 1. Policy: It is the policy of the USDOT and the Sponsor that businesses owned by socially and economically disadvantaged individuals (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 CFR Part 26 apply to this Agreement. 2. Obligation of the Consultant to DBEs: The Consultant agrees to assure that DBEs have the maximum opportunity to participate in the performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Consultant shall take all necessary and reasonable steps to assure that DBEs have the maximum opportunity to compete for and perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted agreements and contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as the recipient deems appropriate. 3. Geographic Area for Solicitation of DBEs: The Consultant shall seek DBEs in the same geographic area in which the solicitation for other Subconsultants is made. If the Consultant cannot meet the DBE goal using DBEs from that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 7 Rev. 04/11/2018 B. The Consultant may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Consultant may count toward the DBE goal expenditures to DBEs who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providi ng the desired product. D. A Consultant may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Consultant is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants: The Consultant shall make good faith efforts to replace a DBE Subconsultant who is unable to perform satisfactorily with another DBE Subconsultant. Replacement firms must be approved by the Sponsor and MoDOT. 6. Verification of DBE Participation: Prior to the release of the retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor showing the DBEs used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Sponsor for noncompliance with 49 CFR Part 26. If the total DBE participati on is less than the goal amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBEs for performing a commercially useful function will be deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by the Sponsor, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Consultant, the DBE goal amount is not met. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 8 Rev. 04/11/2018 7. Documentation of Good Faith Efforts to Meet the DBE Goal: The Agreement goal established by the Sponsor is stated above in Subsection (7)(A). The Consultant must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified in Subsection (7)(C)(8) below is less than the percentage stated in Subsection (7)(A). Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Sponsor to inform DBEs of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBEs that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBEs to participate effectively. D. Followed up on initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBEs in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). F. Provided interested DBEs with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBEs, and did not reject DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities. H. Made efforts to assist interested DBEs in obtaining any bonding, lines of credit or insurance required by the Sponsor or by the Consultant. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. DBE Participation Obtained by Consultant: The Consultant has obtained DBE participation and agrees to use DBE firms to complete at least 0% of the total services to be performed under this Agreement, by dollar value. All DBE firms which the Consultant intends to use, including DBE firm participation above and beyond Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 9 Rev. 04/11/2018 the goal established in Subsection (7)(A), and the type and dollar value of the services each DBE will perform, is as follows: (A) DBE NAME AND ADDRESS (B) TYPE OF DBE SERVICE (C) DOLLAR VALUE OF DBE SUB- CONTRACT (D) PERCENT APPLICABL E TO DBE GOAL (100%, 60%) (E) DOLLAR AMOUNT APPLICABLE TO DBE GOAL (C x D) (F) PERCENT OF TOTAL CONTRACT (C / TOTAL CONTRACT AMOUNT) TOTAL DBE PARTICIPATION $0 0% 9. Good Faith Efforts to Obtain DBE Participation: If the Consultant's agreed DBE goal amount as specified in Subsection (7)(C)(8) is less than the Sponsor's DBE goal given in Subsection (7)(A), then the Consultant certifies good faith efforts were taken by Consultant in an attempt to obtain the level o f DBE participation set by the Sponsor in Subsection (7)(A). Documentation of the Consultant’s good faith efforts is to be submitted with this Agreement to the Sponsor and a copy submitted to MoDOT. (8) SUBCONSULTANTS: (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be deemed cause for termination of this Agreement. EXCEPTIONS (Subconsultant information): List all Subconsultant(s) to be used for any piece of work outlined in this agreement, excluding DBE Firms listed in the DBE Participation Subsection (7)(C)(8), DBE Participation Obtained by Consultant, in this agreement. If none, write “N/A” in the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 10 Rev. 04/11/2018 first row of the first column. FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES SUBCONTRACT AMOUNT Survey Survey $3,500 Appraiser Appraiser $5,000 Review Appraiser Review Appraiser $2,500 Negotiation Negotiation $5,000 Environmental Svcs Environmental Svcs $30,000 (B) The Consultant agrees and shall require the selected Subconsultants to maintain books, documents, papers, accounting records, and other evidence pertaining to direct costs and expenses incurred under the Agreement and to make such materials available at their offices at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the Sponsor or any of its authorized representatives (or any authorized representative of MoDOT or the federal government), and copies thereof shall be furnished. (C) Unless waived or modified by the Sponsor, the Consultant agrees to require, and shall provide evidence to the Sponsor, that those Subconsultants shall maintain commercial general liability, automobile liability, professional liability and worker's compensation and employer's liability insurance, or alternatively, a comparable umbrella insurance policy submitted to and approved by MoDOT , for not less than the period of services under such subconsultant agreements, and in an amount equal to the Sponsor’s sovereign immunity caps as stated in section 537.600 RSMo and subsequently adjusted by the Missouri Department of Insurance. If the statutory limit of liability for a type of liability specified in this section is repealed or does not exist, the minim um coverage shall not be less than the following amounts: 1. Commercial General Liability: $500,000.00 per person up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per person up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional Liability: $1,000,000.00, each claim and in the annual aggregate. (D) The subletting of the services will in no way relieve the Consultant of its primary responsibility for the quality and performance of the services to be performed Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 11 Rev. 04/11/2018 hereunder, and the Consultant shall assume full liability for the services performed by its Subconsultants. (E) The payment for the services of any Subconsultants will be reimbursed at cost by the Sponsor in accordance with the submitted invoices for such services, as set forth in Section (9), entitled "Fees and Payments". (F) The Consultant agrees to furnish a list of any MoDOT-approved DBE Subconsultants under this Agreement upon the request of the Sponsor or MoDOT. Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual payments made by the Consultant to such DBE Subconsultants. (G) The Consultant agrees that any agreement between the Consultant and any Subconsultant shall be an actual cost plus fixed fee agreement if the amount of the agreement between the Consultant and Subconsultant exceeds Twenty-Five Thousand Dollars ($25,000). Subconsultant agreements for amounts of $25,000 or less may be lump sum or actual cost plus fixed fee as directed by the Sponsor. (9) FEES AND PAYMENTS: (A) The Consultant shall not proceed with the services described herein until the Consultant receives written authorization in the form of a Notice to Proceed from the Sponsor. Lump Sum, not to Exceed (B) The amount to be paid to the Consultant by the Sponsor as full remuneration for the performance of all services called for in this Agreement will be on the following basis, except that the lump sum fee for labor, overhead and profit plus other costs will not exceed a maximum amount payable of $83,092, which is shown in Exhibit IV, "Derivation of Consultant Project Costs", and Exhibit V, "Engineering Basic and Special Services-Cost Breakdown" attached hereto and made a part of this Agreement. Payment under the provisions of this Agreement is limited to those costs incurred in accordance with generally accepted accounting principles to the extent they are considered necessary to the execution of the item of service. (C) The Consultant's fee shall include the hourly salary of each associate and employee, salary-related expenses, general overhead, and direct non -salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR 172, Procurement, Management, and Administration of Engineering and Design Related Services. The hourly salary of each associate and employee is defined as the act ual productive salaries expended to perform the services. The other billable costs for the project are defined as follows: 1. Salary-related expenses are additions to payroll cost for holidays, sick leave, vacation, group insurance, worker's compensation insurance, social security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and other related items. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 12 Rev. 04/11/2018 2. General overhead cost additions are for administrative salaries (including non-productive salaries of associates and employees), equipment rental and maintenance, office rent and utilities, office maintenance, office supplies, insurance, taxes, professional development expenses, legal and audit fees, professional dues and licenses, use of electronic computer for accounting, and other related items. 3. Direct non-salary costs incurred in fulfilling the terms of this Agreement, such as but not limited to travel and subsistence, subcontract services, reproductions, computer charges, materials and supplies, and other related items, will be charged at actual cost without any override or additives. 4. The additions to productive salaries for Items in Subsections (9)(C) 1 and 2 will be established based on the latest audit. 5. The Consultant shall provide a detailed man hour/cost breakdown for each phase of the project indicating each job classification with base wage rates and the number of hours associated with each phase. The breakdown shall include work activities and be in sufficient detail to reflect the level of effort involved. This information shall be attached hereto and made a part of this Agreement as Exhibit V "Engineering Basic and Special Services -Cost Breakdown". 6. The Consultant shall provide a detailed breakdown of all Subconsultant fees, including overhead and profit, when requested by the Sponsor and/or MoDOT. Once the cumulative amount to be paid to a Subconsultant by the Consultant, as full remuneration for the performance of services, as called for in this Agreement and any supplemental agreements hereafter, equals or exceeds Twenty-Five Thousand Dollars ($25,000), submittal of a separate Exhibit IV, "Derivation of Consultant Project Costs" and Exhibit V, "Engineering Basic and Special Services -Cost Breakdown", prepared to solely reflect the Subconsultant’s fees shall be attached hereto and made a part of this Agreement, subject to the process described in Section (3) of this Agreement. These Exhibits prepared to reflect the Subconsultant’s fees shall be labeled Exhibit IV -A and Exhibit V-A, respectively. 7. The Consultant shall provide a detailed breakdown of all travel expense, living expense, reproduction expense , and any other expense that may be incurred throughout the project. These expenses must be project specific and not covered in or by an overhead rate. 8. The property and equipment used on this project such as automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or leased by the Consultant, and charges will be made to the project for the use of such property at the rate established by company policies and practices. Approval of the Sponsor and MoDOT will be required prior to acquisition of reimbursable special equipment. 9. The Consultant agrees to pay each Subconsultant under this Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 13 Rev. 04/11/2018 Agreement for satisfactory performance of its contract no later than 15 days from the Consultant’s receipt of each payment the Consultant receives from the Sponsor. The Consultant agrees further to return retainage payments to each Subconsultant within 15 days after the Subconsultant’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-DBE Subconsultants. (D) The Consultant shall submit an invoice for services rendered to the Sponsor not more than once every month. A progress summary indicating the current status of the services shall be submitted along with each invoice. Upon receipt of the invoice and progress summary, the Sponsor will, as soon as practical, but not later than 30 days from receipt, pay the Consultant for the services rendered, including the proportion of the fixed fee earned as reflected by the estimate of the portion of the services completed as shown by the progress summary, less partial payments previously made. A late payment charge of one and one half percent (1.5%) per month shall be assessed for those invoiced amounts not paid, through no fault of the Consultant, within 30 days after the Sponsor 's receipt of the Consultant's invoice. The Sponsor will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress summary. The payment, other than the fixed fee, will be subject to final audit of actual expenses incurred during the period of the Agreement. (E) The Sponsor may hold a percentage of the amount earned by the Consultant, not to exceed two percent (2%), until 100% of services as required by Section (2), "Scope of Services," of this Agreement are completed and have been received and approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual expenses during the period of the Agreement. Upon completion and acceptance of all services required by Section (2), "Scope of Services," the two percent (2%) retainage will be paid to the Consultant. As an alternative to withholding two percent (2%) retainage as set forth above, the Sponsor may accept a letter of credit or the establishment of an escrow account in the amount of said retainage and upon such other t erms and conditions as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow account is not acceptable to the Sponsor, then the percent retainage will control. (10) PERIOD OF SERVICE: (A) The services, and if more than one, then each phase thereof, shall be completed in accordance with the schedule contained in Exhibit VI, "Performance Schedule," attached hereto and made a part of this Agreement. The Consultant and the Sponsor will be required to meet this schedule. (B) The Consultant and Sponsor will be required to meet the schedules in this Agreement. The Sponsor will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant and no claim for damage shall be made by either party. Requests for Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 14 Rev. 04/11/2018 extensions of time shall be made in writing by the Consultant before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. The anticipated date of completion of the work, including review time, is stated in Exhibit VI of this Agreement. An extension of time shall be the sole allowable compensation for any such delays , except as otherwise provided in Section (3) for additional/changed work and differing/unforeseen conditions. Any extensions or additional costs shall be subject to MoDOT approval. (C) As used in this provision, the term "delays due to unforeseeable causes" include but are not limited to the following: 1. War or acts of war, declared or undeclared; 2. Flooding, earthquake, or other major natural disaster preventing the Consultant from performing necessary services at the project site, or in the Consultant's offices, at the time such services must be performed; 3. The discovery on the project of differing site conditions, hazardous substances, or other conditions which, in the sole judgment of the Sponsor, justifies a suspension of the services or necessitates modifications of the project design or plans by the Consultant; 4. Court proceedings; 5. Changes in services or extra services. (11) TERMINATION OF AGREEMENT – 2 CFR § 200 Appendix II(B): (A) Termination for Convenience: 1. The Sponsor may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of the Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Sponsor, the Consultant must immediately discontinue all services affected. 2. Upon termination of the Agreement, the Consultant must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and mater ials prepared by the Consultant under this Agreement, whether complete or partially complete. 3. The Sponsor agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non - performed services. 4. The Sponsor further agrees to hold the Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 15 Rev. 04/11/2018 action under this clause. (B) Termination for Default: 1. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. 2. The terminating party must provide the breaching party seven days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. 3. Termination by the Sponsor: a. The Sponsor may terminate this Agreement, in whole or in part, for the failure of the Consultant to: i. Perform the services within the time specified in this Agreement or by Sponsor-approved extension; ii. Make adequate progress so as to endanger satisfactory performance of the Project; or iii. Fulfill the obligations of the Agreement that are essential to the completion of the Project. b. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Consultant under this Agreement, whether complete or partially complete. c. The Sponsor agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. d. The Sponsor further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. e. If, after finalization of the termination action, the Sponsor determines the Consultant was not in default of the Agreement, the rights and Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 16 Rev. 04/11/2018 obligations of the parties shall be the same as if the Sponsor issued the termination for the convenience of the Sponsor. 4. Termination by Consultant: a. The Consultant may terminate this Agreement in whole or in part, if the Sponsor: i. Defaults on its obligations under this Agreement; ii. Fails to make payment to the Consultant in accordance with the terms of this Agreement; or iii. Suspends the Project for more than one hundred eighty (180) days due to reasons beyond the control of the Consultant. b. Upon receipt of a notice of termination from the Consultant, the Sponsor agrees to cooperate with the Consultant for the purpose of terminating the Agreement or a portion thereof, by mutual consent. If th e Sponsor and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Sponsor’s breach of t he Agreement. c. In the event of termination due to Sponsor breach, the Consultant is entitled to invoice the Sponsor and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. The Sponsor agrees to hold the Consulta nt harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. (12) OWNERSHIP OF DRAWINGS AND DOCUMENTS: (A) All drawings and documents prepared in performance of this Agreement shall be delivered to and become the property of the Sponsor upon suspension, abandonment, cancellation, termination, or completion of the Consultant's services hereunder; provided, however, 1. The Consultant shall have the right to their future use with written permission of the Sponsor; 2. The Consultant shall retain its rights in its standard drawing details, designs, specifications, CADD files, databases, computer software, and any other proprietary property; and 3. The Consultant shall retain its rights to intellectual property Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 17 Rev. 04/11/2018 developed, utilized, or modified in the performance of the services subject to the following: A. Copyrights. Sponsor, as the contracting agency, reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Governmental purposes: I. The copyright in any works developed under this Agreement, or under a subgrant or contract under this Agreement; and II. Any rights of copyright to which Sponsor, its Consultant or Subconsultant purchases ownership with payments provided by this Agreement. B. Patents. Rights to inventions made under this Agreement shall be determined in accordance with 37 CFR Part 401. The standard patent rights clause at 37 CFR § 401.14, as modified below, is hereby incorporated by reference. I. The terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the clause; II. Paragraphs(g)(2) and (g)(3) of the clause shall be deleted; and III. Subsection (l) of the clause, entitled "communication" shall read as follows: "(l) Communication. All notifications required by this clause shall be submitted to the Sponsor ". IV. The following terms in 37 CFR 401.14 shall for the purpose of this Agreement have the following meaning: Contractor - Consultant Government and Federal Agency - Sponsor Subcontractor - Subconsultant 4. Basic survey notes, design computations, and other data prepared under this Agreement shall be made available for use by the Sponsor without further compensation and without restriction or limitation on their use. (B) Electronically Produced Documents: 1. Electronically produced documents will be submitted to the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 18 Rev. 04/11/2018 Sponsor, MoDOT, and/or FAA in data files compatible with CAD2018 and Adobe PDF. The Consultant makes no warranty as to the compatibility of the data files beyond the above specified release or version of the stated software. 2. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the electronic data files submitted to the Sponsor will have an acceptance period of 60 calendar days after receipt by the Sponsor. If during that period the Sponsor finds any errors or omissions in the files, the Consultant will correct the errors or omissions as a part of this Agreement. However, any changes requested by the Sponsor during the 60 calendar day acceptance period that constitute Additional Services under Section (3) shall be compensated in accordance with the terms of the Agreement. The Consultant will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 3. Any changes requested after the acceptance period will be considered additional services for which the Consultant shall be reimbursed at the hourly rates established herein plus the cost of materials. 4. The data on the electronic media shall not be considered the Consultant's instrument of service. Only the submitted hard copy documents with the Consultant Engineer's seal on them will be considered the instrument of service. The Consultant's nameplate shall be removed from all electronic media provided to the Sponsor. (C) The Sponsor may incorporate any portion of the deliverables into a project other than that for which they were performed, without further compensation to the Consultant; provided however, that (1) such deliverables shall thereupon be de emed to be the work product of the Sponsor, and the Sponsor shall use same at its sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal, endorsement, and all other indices of authorship from the deliverables. (13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES: (A) The Sponsor will determine the acceptability of the drawings, specifications, and estimates and all other deliverables to be furnished, and will decide the questions that may arise relative to the proper performanc e of this Agreement. The determination of acceptable deliverables may occur following final payment, and as late as during the construction of the project which decisions shall be conclusive, binding and incontestable, if not arbitrary, capricious or the result of fraud. (B) The Sponsor will decide all questions which may arise as to the quality, quantity, and acceptability of services performed by Consultant and as to the rate of progress of the services; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the Agreement on the part of the Consultant; the proper compensation for performance or breach of the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 19 Rev. 04/11/2018 Agreement; and all claims of any character whatsoever in connect ion with or growing out of the services of the Consultant, whether claims under this Agreement or otherwise. The Sponsor's decisions shall be conclusive, binding and incontestable if not arbitrary, capricious or the result of fraud. (C) If the Consultant has a claim for payment against the Sponsor which in any way arises out of the provisions of this Agreement or the performance or non - performance hereunder, written notice of such claim must be made within sixty (60) days of the Consultant's receipt of payment for the retained percentage. Notwithstanding Section (23) of this Agreement, the notice of claim shall be personally delivered or sent by certified mail to the Sponsor. The notice of claim shall contain an itemized statement showing completely and fully the items and amounts forming the basis of the claim and the factual and legal basis of the claim. (D) Any claim for payment or an item of any such claim not included in the notice of claim and itemized statement, or any such claim not filed within the time provided by this provision shall be forever waived, an d shall neither constitute the basis of nor be included in any legal action, counterclaim, set-off, or arbitration against the Sponsor. (E) The claims procedure in Subsections (13)(C) and (D) does not apply to any claims of the Sponsor against the Consu ltant. Further, any claims of the Sponsor against the Consultant under this Agreement are not waived or estopped by the claims procedure in Subsections (13)(C) and (D). (F) Not withstanding Subsections (13)(A) through (E) above, in the event of any material dispute hereunder, both parties agree to pursue, diligently and in good faith, a mutually acceptable resolution. (14) SUCCESSORS AND ASSIGNS: The Sponsor and the Consultant agree that this Agreement and all agreements entered into under the pro visions of this Agreement shall be binding upon the parties hereto and their successors and assigns. (15) INDEMNIFICATION RESPONSIBILITY: (A) The Consultant agrees to save harmless the Sponsor, MoDOT , and the FAA from all liability, losses, damages, and judgments for bodily injury, including death and property damage to the extent due to the Consultant's negligent acts, errors, or omissions in the services performed or to be performed under this Agreement, including those negligent acts, errors, or omissions of the Consultant's employees, agents, and Subconsultants. (B) The Consultant shall be responsible for the direct damages incurred by the Sponsor as result of the negligent acts, errors, or omissions of the Consultant or anyone for whom the Consultant is legally responsible, and for any losses or costs to repair or remedy construction as a result of such negligent acts, errors or omissions; provided, however, the Consultant shall not be liable to the Sponsor for such losses, Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 20 Rev. 04/11/2018 costs, repairs and/or remedies which constitute betterment of or an addition of value to the construction or the project. (C) Neither the Sponsor's review, approval or acceptance of or payment for any services required under this Agreement, nor the termination of this Agreem ent prior to its completion, will be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement. This indemnification responsibility survives the completion of this Agreement, as well as the construction of the project at some later date, and remains as long as the construction contractor may file or has pending a claim or lawsuit against the Sponsor on this project arising out of the Consultant's services hereunder. (16) INSURANCE: (A) The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property from the negligent acts, errors, or omissions of the Consultant and its employees, agents, and Subconsultants in the performance of the services covered by this Agreement, includin g, without limitation, risks insured against in commercial general liability policies. (B) The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. (C) The Consultant's insurance coverages shall be for not less than the following limits of liability: 1. Commercial General Liability: $500,000.00 per person up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per person up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ("Errors and Omissions") Liability: $1,000,000.00, each claim and in the annual aggregate. (D) In lieu of the minimum coverage stated in Subsections (16)(C)(1) and (C)(2) above, the Consultant may obtain insurance at all times in an amount equal to the Sponsor’s sovereign immunity caps as stated in section 537.600 RSMo and subsequently adjusted by the Missouri Department of Insurance. If the statutory limit of liability for a type of liability specified in this section is repealed or does not exist, the Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 21 Rev. 04/11/2018 Consultant shall obtain insurance with the minimum coverage stated in Subsections (16)(C)(1) and (C)(2) above. (E) The Consultant shall, upon request at any time, provide the Sponsor with certificates of insurance evidencing the Consultant's commercial general or professional liability ("Errors and Omissions") policies and evidencing that they and all other required insurance is in effect, as to the services under this Agreement. (F) Any insurance policy required as specified in Section (16) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. (17) CONSTRUCTION PHASE OF THE PROJECT: (A) This Agreement does not include construction phase services. Review of shop drawings and other construction phase services can be added by Supplemental Agreement after design has been completed and the construction contract period has been determined. (B) Because the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the constru ction contractor(s)' methods of determining prices, or over competitive bidding or market conditions, any of the Consultant's opinions of probable project costs and/or construction cost, if provided for herein, are to be made on the basis of the Consultant 's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified design professional, familiar with the construction industry, but the Consultant cannot and does not guarantee that proposals, bids, or actual tot al project costs and/or construction costs will not vary from opinions of probable costs prepared by the Consultant. (C) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, se quences, or procedures, or for safety precautions and programs in connection with the construction work, since these are solely the construction contractor(s)' responsibility under the construction contract(s). The Consultant shall not be responsible for the construction contractor(s)' schedules or failure to carry out the construction work in accordance with the construction contract(s). The Consultant shall not have control over or charge of acts of omissions of the construction contractor(s), or any of its or their subcontractors, agents, or employees, or of any other persons performing portions of the construction work. (18) NONDISCRIMINATION ASSURANCE: During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: (A) Compliance With Regulations: The Consultant will comply with the "Title VI List of Pertinent Nondiscrimination Acts and Authorities", as they may be Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 22 Rev. 04/11/2018 amended from time to time, which are herein incorporated by reference and made a part of this Agreement. In addition, the Consultant shall comply with all state statutes related to nondiscrimination. (B) Nondiscrimination: The Consultant, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. (C) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential Subconsultant or supplier will be notified by the Consultant of the Consultant’s obligations under this Agreement and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. (D) Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources o f information, and its facilities as may be determined by the Sponsor, MoDOT or the FAA to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of the Consultant is in the e xclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the Sponsor, MoDOT or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. (E) Sanctions for Noncompliance: In the event of a Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, the Sponsor will impose such contract sanctions as it, MoDOT, or the FAA may determine to be appropriate, including, but not limited to: 1. Withholding payments to the Consultant under this Agreement until the Consultant complies; and/or 2. Cancelling, terminating, or suspending this Agreement, in whole or in part. (F) Incorporation of Provisions: The Consultant will include these nondiscrimination provisions in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the Sponsor, MoDOT or the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, that if the Consultant Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 23 Rev. 04/11/2018 becomes involved in, or is threatened with litigation by a Subconsultant or supplier because of such direction, the Consultant may request the Sponsor or the United States to enter into such litigation to protect the interests of the Sponsor or United States. (H) Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin ); 2. 49 CFR Part 21 (Non-Discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100 -209) (Broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the ba sis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131-12189) as implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38; Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 24 Rev. 04/11/2018 9. The FAA’s nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681 et seq.). (19) APPROVAL: This Agreement is made and entered into subject to the approval of MoDOT. (20) AVIATION FEDERAL AND STATE CLAUSES: (A) Civil Rights – 49 USC § 47123: The Consultant agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Consultant and any subconsultants from the solicitation period through the completion of the Agreement. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. (B) Trade Restriction Certification – 49 U.S.C. § 50104, 49 CFR Part 30: 1. By execution of this Agreement, the Consultant certifies that with respect to this Agreement, the Consultant: A. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); B. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 25 Rev. 04/11/2018 C. has not entered into any subcontract for any product to be used on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 2. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fi ctitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 3. The Consultant must provide immediate written notice to the Sponsor if the Consultant learns that its certification o r that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Consultant must require subconsultants provide immediate written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances. 4. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subconsultant: A. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or B. whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or C. who incorporates in the public works project any product of a foreign country on such USTR list. 5. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 6. The Consultant agrees that it will incorporate this provision for certification without modification in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Consultant has knowledge that the certification is erroneous. 7. This certification is a material representation of fact upon which reliance was placed when entering into this Agreement. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, MoDOT or the FAA may direct through the Sponsor cancellation of the Agreement for defau lt at no cost to the Sponsor, MoDOT or the FAA. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 26 Rev. 04/11/2018 (C) Eligible Employees - Executive Order 07-13: 1. The Consultant shall comply with all the provisions of Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri, on the sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of Missouri’s position to not tolerate persons who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United States, is incorporated herein by reference and made a part of this Agreement. By signing this Agreement, the Consultant hereby certifies that any employee of the Consultant assigned to perform services under this Agreement is eligible and authorized to work in the United States in compliance with federal law. In the event the Consultant fails to comply with the provisions of Executive Order 07 -13, or in the event the Sponsor has reasonable cause to believe that the Consultant has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Sponsor reserves the right to impose such contract sanctions as it may determine to be appropriate, including but not limited to contract cancellation, termination or suspension in whole or in part or both. 2. The Consultant shall include the above-provision concerning said Executive Order within every subcontract. The Consultant shall take such action with respect to any subcontract as the Sponsor may direct as a means of enforcing such provisions, including sanctions for noncompliance. (D) Texting While Driving – Executive Order 13513, DOT Order 3902.10: 1. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. 2. In support of this initiative, the Sponsor encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Consultant must include the substance of this clause in all sub -tier contracts exceeding Three Thousand Five Hundred Dollars ($3,500) and involve driving a motor vehicle in performance of work activities associated with the project. (E) Veteran’s Preference – 49 USC § 47112(c): In the employment of labor (except in executive, administrative, and supervisory positions), the Consultant and all subconsultants must give preference to covered veterans as defined within Title 49 U.S.C. § 47112. Covered veterans include Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 27 Rev. 04/11/2018 (F) Federal Fair Labor Standards Act (Federal Minimum Wage) – 29 USC § 201, et seq.: All contracts and subcontracts that result from this Agreement incorporate by reference the provisions of 29 CFR Part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Consultant has full responsibility to monitor compliance to the above-referenced statute and regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. (G) Occupational Safety and Health Act of 1970 – 20 CFR Part 1910: All contracts and subcontracts that result from this Agreement incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and its subconsultants’ compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. (H) Energy Conservation Requirements – 2 CFR § 200, Appendix II(H): The Consultant and any subconsultants agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.). **************************************************************************************************** Subsection 20 (I) Debarment and Suspension is required in all contracts that exceed $25,000. If this limit is expected to be surpassed via future supplemental agreements, this subsection may be included in the original contract to reduce future contracting efforts. (I) Debarment and Suspension (Non-Procurement) – 2 CFR Part 180 (Subpart C), 2 CFR Part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility: 1. By executing this Agreement, the Consultant certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this Agreement. 2. The Consultant, by administering each lower tier subconsultant agreement that exceeds $25,000 as a "covered transaction", must verify each lower tier Subconsultant participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Consultant will accomplish this by: A. Checking the System for Award Management at Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 28 Rev. 04/11/2018 website: https://www.sam.gov. B. Collecting a certification statement similar to the statement in Subsection (20)(I)1. C. Inserting a clause or condition in the covered transaction with the lower tier Subcontractor. 3. If the Sponsor, MoDOT or the FAA later determines that a lower tier participant failed to disclose to a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the Sponsor, MoDOT or the FAA may pursue any available remedy, including suspension or debarment of the non -compliant participant. **************************************************************************************************** Subsections 20 (J) and (K) Lobbying and Influencing Federal Employees and Contract Workhours and Safety Standards Act Requirements are required in all contracts that exceed $100,000. If this limit is expected to be surpassed via future supplemental agreements, these subsections may be included in the original contract to reduce future contracting efforts. (J) Lobbying and Influencing Federal Employees – 31 U.S.C. § 1352, 2 CFR § 200, Appendix II(J), 49 CFR Part 20, Appendix A: 1. The Consultant certifies by execution of this Agreement, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, 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 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. B. 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 Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Consultant shall require that the language of this Subsection (20)(F) 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. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 29 Rev. 04/11/2018 2. 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 prerequisitive for making or entering into this transaction imposed by Section 1352, Title 31, United States 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) and not more than One Hundred Tho usand Dollars ($100,000) for each such failure. (K) Contract Workhours and Safety Standards Act Requirements – 2 CFR § 200 Appendix II (E)): 1. Overtime Requirements: No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in Subsection (20)(K)1. above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall b e liable to the Sponsor and/or the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Subsection (20)(K)1. above, in the sum of Ten Dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Subsection (20)(K)1. above. 3. Withholding for Unpaid Wages and Liquidated Damages: The FAA, MoDOT or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be w ithheld from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set fort h in Subsection (20)(K)2. above. 4. Subcontractors: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this Subsection (20) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Subsection (20). **************************************************************************************************** Subsections 20 (L) and (M) Breach of Contract Terms Sanctions and Clean Air Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 30 Rev. 04/11/2018 and Water Pollution Control are required in all contracts that exceed $150,000. If this limit is expected to be surpassed via future supplemental agreements, these subsections may be included in the original contract to reduce future contracting efforts. (L) Breach of Contract Terms Sanctions - 2 CFR §200 Appendix II(A): Any violation or breach of the terms of this Agreement on the part of the Consultant or any Subconsultant may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the parties of this Agreement. The Sponsor will provide the Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of this Agreement. The Sponsor reserves the right to withhold payments to the Consultant until such time the Consultant corrects the breach or the Sponsor elects to terminate this Agreement. The Sponsor’s notice will identify a specific date by which the Consultant must correct the breach. The Sponsor may proceed with termination of this Agreement if the Consultant fails to correct the breach by deadline indicated in the Sponsor’s notice. The duties and obligations imposed by the Agreement and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. (M) Clean Air and Water Pollution Control – 2 CFR 200 § 200, Appendix II(G): The Consultant agrees: 1. To comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251-1387); and 2. To report any violation to the Sponsor immediately upon discovery. The Sponsor assumes responsibility for notifying the Environmental Protection Agency and the FAA. **************************************************************************************************** Subsection 20 (N) Seismic Safety is only required in contracts for work associated with the construction of new buildings or structural additions to existing buildings. (N) Seismic Safety – 49 CFR Part 41: In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Buildin g Code meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Sponsor a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. **************************************************************************************************** Subsection 20 (O) Right to Inventions is required in when the consultant has a Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 31 Rev. 04/11/2018 subcontract with a small business firm or non-profit organization that includes performance of experimental, developmental, or research work (O) Right to Inventions - 2 CFR §200 Appendix II(F), 37 CFR § 401: Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Sponsor in any resulting invention as established by 37 CFR Part 401, Rights to Inventions Made by Non-Profit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements. This Agreement incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. The Consultant must include this requirement in all sub-tier contracts involving experimental, developmental or research work. **************************************************************************************************** (P) Certification of Consultant Regarding Tax Delinquency and Felony Convictions: The Consultant certifies that it is not a corporation that: 1. Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; or 2. Was convicted of a criminal violation under any Federal law within the preceding twenty-four (24) months. (21) ACTIONS: No action may be brought by either party hereto concerning any matter, thing, or dispute arising out of or relating to the terms, performance, non - performance, or otherwise of this Agreement except in the Circuit Court of Cole County, Missouri. The parties agree that this Agreement is entered into at Jefferson City, Missouri and substantial elements of its performance will take place or be delivered at Jefferson City, Missouri, by reason of which the Consultant consents to venue of any action against it in Cole County, Missouri. The Consultant shall cause this provision to be incorporated into all of its agreements with, and to be binding upon, all Subconsultants of the Consultant in the performance of this Agreement. (22) AUDIT OF RECORDS: For purpose of an audit, the Consultant shall maintain all those records relating to direct costs and expenses incurred under this Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These records must be available at all reasonable times to the Sponsor, MoDOT , the FAA, and the Comptroller General of the United States or their designees and representatives, at the Consultant's offices, at no charge, during the Agreement period and any extension thereof, and for the three (3) year period following the date of final payment made under this Agreement. If the Sponsor has notice of a potential claim against the Consultant and/or the Sponsor based on the Consultant's services under this Agreement, the Consultant, upon written request of the Sponsor, shall retain and preserve its records until the Sponsor has advised the Consultant in writing that the disputed claim is resolved. (23) NOTICE TO THE PARTIES: All notices or communications required by this Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 32 Rev. 04/11/2018 Agreement shall be made in writing and shall be effective upon receipt by the Sponsor or the Consultant at their respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original is received at the same address as that to which that telefax message was sent , within three (3) business days of the telefax transmission. Either party may change its address of record by written notice to the other party. (A) Notice to the Sponsor: Notices to the Sponsor shall be addressed and delivered to the following Sponsor’s representative, who is hereby designated by the Sponsor as its primary authorized representative for administration, interpretation, review, and enforcement of this Agreement and the services of the Consultant hereunder: NAME AND TITLE OF SPONSOR’S REPRESENTATIVE Britt Smith, P.E., Operations Division Director SPONSOR’S NAME City of Jefferson – Department of Public Works SPONSOR’S ADDRESS 320 East McCarty Street Jefferson City, MO 65101 PHONE 573-694-6450 FAX E-MAIL ADDRESS bsmith@jeffersoncitymo.gov The Sponsor reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter deem appropriate. Such substitution or designations shall be made by the Sponsor in a written notice to the Consultant. (B) Notice to the Consultant: Notices to Consultant shall be addressed and delivered to Consultant's representative, as follows: NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE Joe Pestka, Office Manager CONSULTANT’S NAME Jviation, A Woolpert Company CONSULTANT’S ADDRESS 931 Wildwood Drive, Suite 101 Jefferson City, MO 65109 PHONE 573-418-0983 FAX E-MAIL ADDRESS joe.pestka@woolpert.com Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 33 Rev. 04/11/2018 The Consultant reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Consultant may now or hereafter deem appropriate. Such substitutions or designations shall be made by the Consultant's president or chief executive officer in a written notice to the Sponsor. (24) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Consultant shall comply with all local, state, and federal laws and regulations which govern the performance of this Agreement. (25) CONFIDENTIALITY: The Consultant agrees that the Consultant's services under this Agreement are a confidential matter between the Consultant and the Sponsor. The Consultant shall not disclose any aspect of the Consultant's services under thi s Agreement to any other person, corporation, governmental entity, or news media, excepting only to Consultant’s lawyers, accountants, insurers, and such employees, Subconsultants, and agents as may be necessary to allow them to perform services for the Consultant in the furtherance of this Agreement, without the prior approval of the Sponsor; provided, however, that any confidentiality and non -disclosure requirements set out herein shall not apply to any of the Consultant's services or to any information w hich (1) is already in the public domain or is already in the Consultant's possession at the time the Consultant performs the services or comes into possession of the information ; (2) is received from a third party without any confidentiality obligations; or (3) is required to be disclosed by governmental or judicial order. Any disclosure pursuant to a request to the Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The content and extent of any authorized disclosure shall be coordinated fully with and under the direction of the Sponsor, in advance. (26) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Sponsor and the Consultant. (27) SEVERABILITY AND SURVIVAL: (A) Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Sponsor and the Consultant. (B) All express representations, indemnifications, or limitations of liability made or given in this Agreement will survive the completion of all services by the Consultant under this Agreement or the termination of this Agreement for any reason. (28) PAYMENT BOND: In the event that any subconsultants are used to supply at least fifty thousand dollars ($50,000) worth of materials and/or labor not within the scope of environmental assessment services or licensed professional services as defined by chapter 327, RSMo, the Consultant shall require any such subconsultants to provide laborers and materialmen with adequate bond security. Payment bonds shall be executed by any such subconsultants with the subconsultant as principal and a surety company authorized to do business in the State of Missouri as surety, and any agent executing the same on behalf of a subconsultant or surety company must attach a current Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 34 Rev. 04/11/2018 Power of Attorney setting forth sufficient execution authority. Said payment bonds must be acceptable to the Sponsor to cover all materials used, all labor performed, and all insurance premiums necessary to comply with Section 107.170, RSMo, and must be provided to the Sponsor prior to the performance of such subconsultant services under this Agreement. (29) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Sponsor and the Consultant. (30) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit I: Project Description. (B) Exhibit II: Scope of Services. (C) Exhibit IIA: Current FAA Advisory Circulars, Standards, Guidance and MoDOT Standards (D) Exhibit III: Services Provided by the Sponsor. (E) Exhibit IV: Derivation of Consultant Project Costs. (F) Exhibit V: Engineering Basic and Special Services - Cost Breakdown. (G) Exhibit VI: Performance Schedule Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] 35 Rev. 04/11/2018 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement, executed by their respective proper officials, on the date last written below. Executed by the Consultant the _______ day of __________________, 20____. Executed by the Sponsor the _______ day of __________________, 20____. Consultant: Jviation, A Woolpert Company Sponsor: City of Jefferson By: ______________________________ Signature Title: ATTEST: By: ______________________________ Signature Title: _____________________________ By: ______________________________ Signature Title: ATTEST: By: ______________________________ Signature Title: _____________________________ Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit I -1 EXHIBIT I PROJECT DESCRIPTION 1. Environmental and land related services Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit II -1 EXHIBIT II SCOPE OF SERVICES Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 1 of 7 REV 2020.04 EXHIBIT II SCOPE OF WORK FOR JEFFERSON CITY MEMORIAL AIRPORT Jefferson City, Missouri Project No. Environmental and Land Related Services This is a Consulting Contract between the City of Jefferson, Missouri and Jviation, Inc., a Woolpert Company, for providing professional services. For the remainder of this scope the Airport is indicated as “Sponsor” and Jviation, Inc. is indicated as “Engineer.” The approximate scope of this project is the acquisition of fee simple property. This project shall consist of oversight of the preparation of appraisals, review of the appraisals, negotiations, environmental documentation and support for the project to acquire fee simple property for the construction of an air traffic control tower and related improvements. The property in question is the Boessen property located south of Runway 12/30. This scope of work is for the consulting services provided by the Engineer for the Sponsor. See Exhibit “A” Airport Property Inventory Map dated September 2020 attached to this Scope of Work. DESCRIPTION This project will consist of acquiring one parcel or a portion of one parcel in fee simple. The proposed property to be acquired is as follows: Parcel No. 39 (Boessen) Approximately five (5) acres. To be determined by survey Parcel No. 40 (Boessen) For information purposes – Parcel 39 is generally part of Parcel 40 The land will be acquired for use by the Sponsor to improve existing airport safety, meeting design standards and for future airport development. All work shall be performed in accordance with the FAA Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects. The fees for this project will be broken into two parts. Part A-Basic Services includes; 1) Preliminary Phase, 2) Appraisals, Review Appraisals, 3) Acquisition and Negotiations Phase, 4) Close-out Phase and EX) Reimbursable Costs during Part A-Basic Services. In addition, this scope of work will include additional services that will be completed by subconsultants to Jviation to perform appraisals, and other tasks. PART A - BASIC SERVICES consists of the preliminary phase, appraisals, review appraisals, acquisition and negotiations phase and close-out phase, all invoiced on a lump sum basis. 1.0 Preliminary Phase 1.01 Coordinate and Attend Meetings with the Sponsor and MoDOT. Meetings with the Sponsor and MoDOT will take place to determine critical project dates, establish the proposed schedule and AIP development schedule, and determine the feasibility of the proposed acquisition. It is anticipated that Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 2 of 7 REV 2020.04 there will be a minimum of two meetings via teleconference with the Sponsor and MoDOT throughout the course of the project. 1.02 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through discussions and correspondence with the Sponsor and MoDOT. This task includes drafting the contract for the work to be completed by the Engineer for the Sponsor. 1.03 Update and Modify Exhibit “A” Property Map. This task includes updating the Exhibit “A” Property Map to include the acquisition associated with this project, including, ownership description, recording information (County records of book and page numbers) and FAA interest and acquisition dates. The Exhibit “A” Property Map will have the parcel colored for easy identification. The updates will follow guidance in FAA SOP 3.00 Standard Operating Procedures (SOP) for FAA Review of Exhibit “A” Airport Property Inventory Maps. 1.04 Prepare Environmental Documentation. In discussions with MoDOT it has been determined that an environmental assessment (EA) applies, according to FAA Order 1050.1F. An EA shall be completed following current FAA guidance and address potential environmental effects resulting from the proposed project. Coordination with the U.S. Fish and Wildlife Services, Missouri Department of Conservation, City of Jefferson, State Emergency Management Agency and other applicable agencies will occur as part of the EA process. The EA will be made available for public review and comment; public meetings are not included in this SOW. It is anticipated that a cultural resource survey, historic building survey, phase I environmental site assessment, and asbestos and lead based paint survey will be needed. An overall environmental exhibit will be created as part of this scope of work and referenced throughout the project. See Attachment 1 for full environmental scope of work. 1.05 Prepare Preliminary Title Reports. The Engineer or its subconsultant shall order and review all necessary titles and prepare parcel files in advance of acquisition services. A subconsultant shall be used for the title reports. Engineer or subconsultant shall order preliminary title reports for the parcel and shall review the reports for encumbrances and distribute copies of the report to the appraiser. A property ownership contact spreadsheet shall be prepared by the Engineer identifying the site address and known mailing address and phone number for landowners. TASK 1 DELIVERABLES TO MoDOT TO SPONSOR 1.01 Coordination and meetings with Sponsor and MoDOT ✓ ✓ 1.02 Scope of Work and Contract for Sponsor ✓ ✓ 1.03 Updated Exhibit “A” Property Map ✓ ✓ 1.04 Prepare Environmental Documentation ✓ ✓ 1.05 Title Reports ✓ ✓ TASK 1 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION 1.01 Meeting with Sponsor and MoDOT • Jefferson City One (1) Senior Consultant Assume two (1) hour via teleconference (Two calls) 1.02 Prepare Project Scope of Work and Contract • Jefferson City One (1) Senior Consultant Assume One (1) hour via teleconference Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 3 of 7 REV 2020.04 2.0 Appraisals and Review Appraisals 2.01 Coordinate Appraisals. This task includes negotiating with the appraisal and review appraisal firms for a cost to perform the appraisals and to coordinate the schedule. 1. The Engineer shall manage the appraisal process, utilizing the means and methods as described below. The Engineer shall perform preliminary quality control on appraisal activities. 2. The Engineer shall oversee appraisal activities and provide preliminary quality control of appraisals. Appraisal management shall include the collection of readily available data required to complete the appraisal report. The Appraiser shall provide written notice of the pending appraisal to the affected landowners and make personal contact with each owner to acquire any missing contact information. One appraisal and review appraisal will be prepared for the property. The appraisals shall be completed following FAA Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted. Two copies of the appraisal reports shall be produced and the Sponsor will be responsible for approving the final determination of value for the appraisals. Engineer responsibilities shall include:  Manage all appraisal activities and coordinate those activities with the subconsultants.  Develop an approved appraisal scope or instructions.  Perform a preliminary quality control review of the delivered appraisals.  Deliver the appraisal reports for the assigned parcels. Sponsor responsibilities shall include:  Provide all available owner contact information and all other pertinent data needed to complete the appraisals prior to the final assignment of appraisals.  To approve Engineer’s agreement to move forward with appraisals.  To review the appraisals.  To sign the final determination of value authorizing the initial offering price. TASK 2 DELIVERABLES MoDOT TO SPONSOR 2.01 Appraisal Reports ✓ ✓ TASK 2 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION 2.01 Appraiser Coordination • Jefferson City One (1) Senior Consultant Assume One (1) hour via teleconference (2 meetings) 3.0 Acquisition and Negotiations Phase 3.1 Coordinate Negotiations. The Engineer’s subconsultant shall make every reasonable effort to acquire the fee simple property identified by expeditious negotiation. The Engineer’s subconsultant will attempt to bring the negotiation for the property assigned to settlement or to a point where the Sponsor can make a decision to proceed with acquisition or condemnation. The Engineer shall coordinate closely with the Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 4 of 7 REV 2020.04 subconsultant and Sponsor during all acquisition activities. Negotiations are considered complete if the property is purchased and the transaction is closed, if a parcel is sent to condemnation or if an offer is rescinded.  The Engineer’s subconsultant shall act in good faith at all times.  The Engineer’s subconsultant shall never coerce owners.  The Engineer’s subconsultant shall present a prepared offer packet for the parcel.  The Engineer’s subconsultant shall make personal contacts with the property s with the intent of reaching settlement for the conveyance of properties or property rights needed from the parcels. Additional contacts as needed may be made as mutually agreed between the Engineer, subconsultant and Sponsor.  The Engineer’s subconsultant shall explain the offer orally with the authorized representative.  The Engineer’s subconsultant shall keep current and provide detailed written information in the Negotiator’s Diary for each parcel. 3.2 Prepare Offer Packages and Review Legal Descriptions. The Engineer’s subconsultant shall prepare an offer package in conformance with the FAA Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects. The Engineer’s subconsultant responsibilities shall include:  Prepare a sample offer package for review and approval by the Sponsor.  Prepare an offer package for the affected easement.  Submit the offer package to the Engineer to perform a quality control review before sending to the property owner. Sponsor’s responsibilities shall include:  Review and approve the offer package. 3.3 Negotiate Acquisition of Property. The Engineer’s subconsultant shall negotiate the acquisition with the affected owners. In accordance with applicable state and federal law, and in accordance with the FAA Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects. The Engineer’s subconsultant shall keep a diary of all owner contacts in electronic format for the acquisition parcels. The Engineer’s subconsultant shall attempt to complete negotiations within 120 days of making the last offer to purchase on any property. If negotiation is not completed within 120 days, the Engineer and Sponsor shall discuss, and the Sponsor shall decide on a course of action for the parcel. That course of action may include continuing negotiations for an agreed period of time, recommending an administrative settlement, recommending the parcel for condemnation or rescinding the offer. Engineer’s subconsultant responsibilities shall include:  Negotiation for the purchase of two avigation easements.  Keep an updated Negotiator’s Diary for the parcel. Sponsor’s responsibilities shall include:  Assign the parcels for negotiation. Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 5 of 7 REV 2020.04  Review and approve a continuation of negotiations past 120 days, a recommendation for administrative settlement; or condemnation or rescinding any offer where negotiations exceed 120 days. 3.4 Prepare Administrative Settlement Memo or Condemnation Package. If an offer to purchase or settlement within the authorized settlement authority of the acquisition agent is not reached, the Engineer’s subconsultant shall prepare either an administrative settlement or a condemnation package. The administrative settlement memo will identify the justification for any proposed settlement and shall include all supporting data. Any settlement over the initial offering price but within the authority of acquisition agent’s settlement authority shall be documented in the Negotiator’s Diary. The condemnation package will include a brief memo summarizing negotiations and will include copies of all pertinent documents, appraisal, and correspondence from each parcel file. A separate task for condemnation support will be prepared if the acquisition agent is required to respond to attorney requests, respond to deposition, or make court appearances. Engineer’s subconsultant responsibilities shall include:  Document any administrative settlements in either the Negotiator’s Diary or in an Administrative Settlement Memo.  Prepare condemnation package(s) as needed. Sponsor’s responsibilities shall include:  Determine and assign the amount of monetary settlement authority the acquisition agent has over the initial approved offer.  Review and approve or disapprove any proposed administrative settlement memos submitted by Engineer.  Review and approve any submitted condemnation package. 3.5 Transmit Executed Documents, Manage Escrow Closing and Process Payment. To ensure the parcels assigned under this task have a clear title or that all encumbrances identified as an acceptable title risk have been identified and approved by the Sponsor before recording at the county courthouse, the Engineer will review and clear, if possible, any liens and encumbrances through the title company subconsultant. If existing liens are deemed acceptable for the purposes of this project, the Engineer will coordinate with lien holders and obtain proper documentation of permission to encumber the rights of the lien holders, if any. The Sponsor will provide written approval of all encumbrances and liens it is willing to accept on the acquisitions. The Engineer’s subconsultant shall manage the escrow closing process, transmit all signed documents to either the title company or the Sponsor along with payment request for the acquisition. All transmittal of final documents and payment requests to the Sponsor shall be accompanied by an explanatory memo prepared by the Engineer’s subconsultant. Engineer’s subconsultant responsibilities shall include:  Transmit all executed documents to Sponsor or title company.  Manage all escrow closing through title company.  Process all payments through the Sponsor. Sponsor’s Responsibilities: Process and deliver all final payments to escrow company or property owner. Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 6 of 7 REV 2020.04 TASK 3 DELIVERABLES TO MoDOT TO SPONSOR 3.2 Prepare Sample Offer Package ✓ ✓ 3.4 Prepare Administrative Settlement Memo ✓ ✓ 3.5 Transmit Executed Documents ✓ ✓ TASK 3 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION 3.2 Discuss with Sponsor for approval of offer. • Jefferson City, MO One (1) Senior Consultant Assume One (1) hours via teleconference (1 meeting) 4.0 Close-Out Phase 4.1 Preparation of Final Files/Report. The Engineer shall prepare files to meet the certification standards of the FAA and Missouri State ROW Manual at the completion of this project and transmit that file to the Sponsor. An FAA Real Property Acquisition Certification Form will be completed for each file. Engineer responsibilities shall include:  Transmit completed file to the Sponsor at the completion of the project.  Complete an FAA Real Property Acquisition Certification Form for each file.  One Final Close Out Report will be submitted for all fiscal year 2021 acquisitions. Sponsor’s responsibilities shall include:  Review final files transmitted to Sponsor. 4.2 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses, engineering fees and costs, environmental costs and avigation easement purchase costs associated with project and assemble a total project cost summary. The summary will be compared with the available funding. TASK 4 DELIVERABLES: TO MoDOT TO SPONSOR 4.1 Prepare Close Out Report ✓ ✓ 4.2 Prepare Project Cost Summary ✓ ✓ EX Reimbursable Costs during Basic Services This section includes reimbursable items such as auto rental, mileage, lodging and per diem, travel and other miscellaneous costs incurred in order to complete Part A – Basic Services. Assumptions The scope of services described previously is based on the following assumptions of responsibilities by the Engineer and Sponsor. 1. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. 2. The Sponsor will furnish escorts as needed for the Engineer to conduct field work. Jefferson City Memorial Airport MoDOT Project No. 22-040B-1. Environmental and Land Related Services July 14, 2022 Page 7 of 7 REV 2020.04 3. The Sponsor will coordinate with tenants as required to facilitate field evaluations. 4. Assumptions upon which this scope of work is based are also included. All work shall be performed in accordance with the FAA Order 5100.37B and Advisory Circular – AC 150/5100- 17 Change 7. 5. The Engineer may reasonably rely upon the accuracy of data furnished by the Sponsor or any other project participant not under contractual responsibility to the Engineer pursuant to the project and upon which the Engineer will base the services provided hereunder. The Engineer will utilize the following plan standards for the project: 6. Because the Engineer has no control over the cost of land and associated costs, the Engineer's opinions of probable land acquisitions will be made on the basis of experience. The Engineer does not guarantee costs of land will not vary from the proposed estimate. 7. The offers will be made in person whenever possible. 8. The date of the completed appraisals will be considered the beginning of negotiations. 9. This work task does not include condemnation support by the acquisition agent. 10. There will be a maximum of one administrative offer prepared. 11. Sponsor will provide written notice to Engineer if any or the amount of monetary settlement authority they have approved for the acquisition agent. 12. Negotiations will be deemed complete for the Engineer when the parcels have either closed and payment is made, been accepted for condemnation by Sponsor or the offers have been rescinded. 13. The encumbrances to be cleared will be limited to those identified in the title report and will be cleared by the title company as part of the escrow closing. 14. The Sponsor will make prompt payment for properly processed acquisition. 15. Sponsor will review final files promptly and ask for changes or additional information. 16. Engineer will be available to answer questions and update the final files until written approval that the project has been closed out. 17. When requested by the Sponsor or MoDOT, the Engineer will assist with the project, or year- end audit. The Engineer will provide files requested that are pertinent to the project cost and completion Attachments Attachment 1: Environmental Assessment Scope of Work Attachment 2: Cost Estimate JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 1 of 10 Table of Contents Overview Task 1.0 Project Management 1.1 Scoping and Project Initiation 1.2 Project Management 1.3 Sub-consultant Coordination Summary and Deliverables Task 2.0 Public and Stakeholder Involvement 2.1 Agency Coordination 2.2 Public Coordination 2.3 Open House 2.4 Advertisement of EA Summary and Deliverables Task 3.0 Pre-Design and Survey 3.1 Survey 3.2 30% Pre-Design Summary and Deliverables Task 4.0 Environmental Documentation 4.1 Purpose and Need 4.2 Alternative Analysis 4.3 Affected Environment and Environmental Consequences 4.3.1 Affected Environment 4.3.2 Environmental Consequences 4.4 Other EA Sections Summary and Deliverables Task 5.0 Report Preparation and Deliverables 5.1 Draft Environmental Assessment (DEA) 5.2 DEA Comment Responses 5.3 Final Environmental Assessment (FEA) Summary and Deliverables Attachment 1 – Proposed Project Fee JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 2 of 10 SCOPE OF WORK FOR LAND ACQUISITION AND CONSTRUCTION OF AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY MEMORIAL AIRPORT (JEF) JEFFERSON CITY, MISSOURI Environmental Assessment The following Scope of Work (SOW) details the actions required for Jviation, a Woolpert Company (the Consultant) to complete an Environmental Assessment (EA) as required by the Federal Aviation Administration (FAA) for a land acquisition, demolition of existing air traffic control tower (ATCT), and construction of new ATCT project (Proposed Action) at the Jefferson City Airport (Airport) to be undertaken by Jefferson City (City, Sponsor, and/or Client). Specifically, the Proposed Action will include the acquisition of approximately five (5) acres of land, demolition of existing ATCT, construction of a new ATCT, and associated roadways and other infrastructure needed as part of the ATCT development. Figure 1: Project Exhibit Source: Jviation OVERVIEW: The purpose of this EA is to evaluate potential environmental impacts resulting from the Proposed Action. Specifically, an EA will be prepared in accordance with the current FAA guidance including FAA Order 1050.1F, Environmental Impacts: Policies and Procedures; FAA Order 1050.1F, Desk Reference, and FAA Order Approximate Study Area JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 3 of 10 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions, as well as applicable environmental regulations associated with the State of Missouri. The EA will be comprised of four (4) major sections, each completed to the degree necessary to satisfy the regulatory requirements as established by the FAA. The major sections of the SOW include: 1. Project Management 2. Public and Stakeholder Involvement 3. Environmental Documentation 4. Report Preparation and Development 1.0 PROJECT MANAGEMENT : The Consultant has the overall and primary responsibility for the preparation of the EA for the Proposed Action. The Consultant will conduct the EA professionally and utilize experienced staff and sub-consultants throughout the project to assure quality and the timely performance of scoped tasks. 1.1 Scoping and Project Initiation This section consists of preparation of the SOW and fee by the Consultant for review by the Client. This task includes coordinating with the Client, MoDOT, and the FAA to determine the appropriate level of documentation required. It is anticipated that coordination will be done via email and phone. (NOTE: Due to the potential complexity of the EA process and the potential for unique FAA requirements, t his SOW will be submitted to the FAA for comment and approval prior to final completion of the fee.) As part of the scoping process, the description of the Proposed Action will be refined and approved by MoDOT and the FAA. The Consultant will coordinate with the State Historic Preservation Office (SHPO) to determine their level of interest in being involved with the project. 1.2 Project Management The Consultant will professionally manage the project for the duration, ensure that appropriate personnel are assigned to the project to ensure quality and schedule performance, and provide monthly project status reports that accompany each pay request. Onsite meetings are not included in this SOW. 1.3 Sub-consultant Coordination This section consists of coordinating, managing, and contracting with various sub-consultants contracted to perform specific aspects of this SOW as detailed throughout. Sub-consultant work will be reviewed, edited, and monthly invoices from sub-consultants will be processed and paid. Task 1.0 Summary and Deliverables: Task Product(s): An accepted SOW and project fee and signed contractual agreements with all relevant parties to the study. Sponsor Task Responsibilities: The Sponsor will actively coordinate with the Consultant on reviewing and commenting on the SOW and fee and executing the contract. The Sponsor will participate in conference calls throughout the duration of the EA. JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 4 of 10 Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor to establish a final SOW and fee (pending MoDOT and FAA comments), project schedule; and will actively work to execute contracts. The Consultant will provide monthly project status reports to the Sponsor and host conference calls throughout the duration of the EA (if requested by the Sponsor). 2.0 PUBLIC AND STAKEHOLDER INVOLVEMENT The completion of public outreach and stakeholder involvement is a crucial element of the EA. The following sections describe those efforts that will be taken to ensure adequate coordination with the public and interested stakeholders will be completed as part of the EA. 2.1 Agency Coordination Coordination with federal, state, and local agencies will be an integral part of the environmental documentation and will be completed by the Consultant. Coordination will be completed primarily via phone, email, and letters. It is anticipated that a majority of agency coordination will occur with MoDOT and the FAA; however, coordination with other agencies will be completed as required. 2.2 Public Coordination Adequate public coordination is a vital component to the success of the EA and will be crucial tool to gauge public support or concerns. The Consultant will work with the Sponsor to develop an initial outreach strategy to notify adjacent landowners of the Proposed Action. It is anticipated that this will be done via individual letters to landowners based on a contact list from the Sponsor. From this initial outreach, the extent of additional public coordination will be determined. 2.3 Advertisement of EA The EA will be advertised in the local newspaper in two phases: the first phase will advertise the availability of the Draft EA for review and public comment, and the second phase will advertise the completion of the Final EA and associated findings (FONSI/ROD). Comments from the Draft EA will be reviewed, addressed as necessary, and included in the Final EA. The Notice of Availability for the Draft EA will also provide a request for an opportunity for a public hearing. Due to the historically limited public interest in the project, tt is not anticipated that a public hearing or open house will be needed for this project; thus, neither have been included in this SOW. If the Sponsor and/or FAA deem a public hearing or meeting are necessary, they will be completed under a separate SOW and fee. Task 2.0 Summary and Deliverables: Task Product(s): Letters and emails will be prepared for agency and public coordination. Draft EA and Final EA advertisements for local papers will be prepared as part of this task. Sponsor Task Responsibilities: The Sponsor will actively work with the Consultant to coordinate with agencies, the public, and newspapers, as applicable. Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor and applicable agencies to ensure adequate communication regarding the project is completed. The Consultant will distribute letters and emails as applicable and follow up via phone and email as needed. JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 5 of 10 3.0 ENVIRONMENTAL DOCUMENTATION The Consultant will prepare the EA in accordance with the current FAA guidance including FAA Order 1050.1F, 1050.1F Desk Reference, and FAA Order 5050.4B, as well as applicable State of Missouri environmental regulations. The EA template will follow the format recommended in FAA Order 1050.1F. The EA document itself will include the following sections: 3.1 Purpose and Need The Consultant, in conjunction with MoDOT and the FAA, will prepare the Purpose and Need statement. This will include a brief discussion of the need (the problem) and the purpose (the proposed solution) of the Proposed Action as well as the timeframe for implementing the action. This section will also include a brief introduction of the EA and the Airport. The Purpose and Need statement will be approved by MoDOT and the FAA before moving forward with the EA. 3.2 Alternative Analysis The Consultant will review the various solutions to the problem as described in the Purpose and Need statement. The solutions will include the Airport’s preferred proposed action, in addition to all other reasonable, feasible and prudent alternatives that the Airport and the Consultant may have considered to meet the Purpose and Need, as required by NEPA (40 CFR 1501.2(c)). This section will explain the process that the Consultant used to screen (i.e., consider and then accept or reject) various alternatives to the Proposed Action. The EA will include an explanation of why the Proposed Action was selected in lieu of other reasonable alternatives identified. The EA will also identify the No Action alternative to meet NEPA requirements and to serve as a baseline against which all reasonable alternatives will be compared. It is anticipated that the EA will review three (3) alternative scenarios and carry two (2) alternatives forward. Alternatives to be carried forward will include the No Action alternative and the Proposed Action alternative. 3.3 Affected Environment and Environmental Consequences This section will include both the Affected Environment and Environmental Consequences. The combination of the two sections will aid in the FAA’s goal of reducing the length of EAs. 3.3.1 Affected Environment This section will include a description of the current physical, natural, and human environment within the project study area. It will summarize only those environmental resources that the No Action, Proposed Action, and other alternatives are likely to affect in accordance with FAA Orders 1050.1F and 5050.4B. Based upon a preliminary review of the study area coastal resources will not be reviewed in detail as the study area is not located in a coastal state. The resource will be mentioned and dismissed within the section. The resource categories listed below require an analysis for existing conditions due to the possibility of impacts from the Proposed Action and reasonable alternatives. As required, each category will be described/analyzed per guidance found in the FAA 1050.1F, Desk Reference.  Air Quality  Biological Resources  Climate JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 6 of 10  Department of Transportation Act, Section 4(f)  Farmlands  Hazardous Materials, Solid Waste, and Pollution Prevention  Historic, Architectural, Archaeological, and Cultural Resources  Land Use  Natural Resources and Energy Supply  Noise and Compatible Land use  Socioeconomics, Environmental Justice, and Children’s Health and Safety Risks  Visual Effects  Water Resources 3.3.2 Environmental Consequences This portion of the EA will discuss the environmental effects associated with the No Action and Proposed Action as they relate to the environmental impact categories outlined in FAA Orders 1050.1F and 5050.4B with the exception of those noted as not being within the project area. As the Consultant evaluates the environmental consequences, coordination with the appropriate reviewing agencies will occur as needed. The coordination shall occur primarily via written and telephone correspondence. The analyses needed to properly determine project-induced impacts on various environmental categories may require separate, in-depth independent studies. This SOW includes several studies that may be necessary; however, if any agency requires an additional or expanded effort not included in this SOW, or if the Client or FAA chooses to include such an additional effort in this EA, then the Consultant would require an additional work scope and an adjusted fee. The Consultant will consider the following impact categories (including all those not dismissed previously) and determine if the No Action, Proposed Action, or reasonable alternatives would affect them.  Air Quality This subsection will describe the potential air quality impacts of the Proposed Action and the No Action alternative. It will also briefly describe the laws and regulations applicable to these actions, and how those actions would unavoidably affect air quality as well as the measures required to mitigate those effects. The Airport is located in Cole County, which is designated by the EPA as being in attainment for all criteria pollutants. It is not anticipated that the Proposed Action will result in a change in the number of aircraft operations and associated emissions. Therefore, an operational emissions inventory of aircraft operations will not be computed. Construction emissions will also result in short-term and temporary impacts. A qualitative discussion regarding construction-related emissions will be completed for the Proposed Action.  Biological Resources (including fish, wildlife, and plants) JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 7 of 10 This subsection will describe the laws and regulations applicable to the No Action and Proposed Action, and how those actions would unavoidably affect identified species in the study area as well as measures required to mitigate those effects. Per the U.S. Fish and Wildlife’s Information Planning and Consultation (IPaC) system, the Gray Bat, Indiana Bat, and the Northern Long-eared Bat, as well as numerous birds protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act may occur in proximity to the study area. The Proposed Action would occur in an area that likely does not provide habitat for these biological resources; however, an official IPaC report will be obtained to verify the potential presence of protected species. It is not anticipated that any additional biological surveys will be needed, and existing information is anticipated to be adequate for use. A biological survey is not included in this SOW. If the federal agency and/or U.S. Fish and Wildlife Service (USFWS) requests a survey, it will be completed under a separate SOW and fee. Consultation with the U.S. Fish and Wildlife Service, if applicable, will be completed by the FAA.  Climate This section will consider greenhouse gases (GHGs) and climate change in relation to the No Action and Proposed Action. The discussion will include whether a reduction of emissions is possible as well as how the No Action and Proposed Action could be affected by future climate conditions (i.e., climate adaptation).  Department of Transportation Act, Section 4(f) This section will describe the resources in the study area that 49 U.S.C., Section 303(c) (commonly known as “Section 4(f)”) protects. Based upon existing information, no recorded Section 4(f) lands are within the project area. Should a Section 4(f) analysis be deemed necessary by the FAA, it will be completed under a separate SOW and fee.  Hazardous Materials, Solid Waste, and Pollution Prevention This section will describe the hazardous materials that are used at, stored at, or transported to the Airport. Waste disposal facilities and capacities for types of waste currently generated and that may be generated by the proposed project will be identified. As required by the FAA, a Phase I Environmental Site Assessment will be completed by a subconsultant for the land to be acquired. The result of the Assessment will be discussed within the EA. Additionally, an asbestos and lead paint survey of the existing ATCT will be completed and discussed within the EA. If more detailed hazardous materials studies are requested by MoDOT or the FAA, it will be conducted under a separate SOW and fee.  Historical, Architectural, Archeological, and Cultural Resources This subsection will describe the historical, architectural, archaeological, and cultural resources of national importance that occur in and near the study area. An initial review of the area and how the alternatives would physically and audibly impact the area helps the FAA in determining the Area of Potential Effect (APE). The FAA will assist the Consultant in determining the APE, which may include areas of disturbance, the existing airport property, and property within the view shed of the Airport. The Proposed Action would occur in an area that has largely been disturbed by farming operations; however, the area is not developed. As such, a Class II cultural resource survey will be completed by a JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 8 of 10 subconsultant for the project area. The existing ATCT will also be evaluated for historic significance and a historic resource survey will be prepared by a subconsultant. The Consultant will coordinate the proposed project with the Missouri State Historic Preservation Office (SHPO). The FAA will coordinate with applicable Native American Tribes considered to have an interest in the project. Coordination with SHPO and Tribes will help determine the effect of the proposed project on properties on or eligible for inclusion on the NRHP in compl iance with Section 106 of the National Historic Preservation Act (NHPA) and provisions outlined in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments and the Executive Memorandum, Government-to-Government Relations with Native American Tribal Governments. The Consultant will assist the FAA with the necessary information and documentation for this consultation and coordination, as needed. Additional survey work and coordination that may be required by the SHPO and/or tribal representation is not included in this SOW. Should this work be required, it will be completed under a separate SOW and fee.  Land Use This section will describe existing land uses and zoning conditions within the study area that the Proposed Action could potentially affect as well as how existing land uses may affect the Proposed Action. It will also describe the regulations applicable to those actions, how those actions would affect land uses in the study area, and the measures to mitigate those effects.  Natural Resources and Energy Supply This section will include a general assessment of the Proposed Action on natural resources and energy supply. The basic infrastructure providing these resources will be reviewed.  Noise and Noise-Compatible Land Use This section will describe potential noise impacts resulting from construction and changes in aircraft operations. No changes to aircraft operations are anticipated; therefore, this SOW includes a qualitative discussion on noise related to construction and surface vehicle traffic. The development of DNL contours is not included in this SOW. If MODOT, the FAA, or other agencies determine noise contours are needed, they will be completed under a separate SOW and fee. Should significant noise impacts be identified, noise mitigation measures will be recommended. However, this SOW does not include detailed design or analysis of mitigation measures.  Socioeconomics, Environmental Justice, and Children’s Environmental Health and Safety Risks This subsection will describe the impacts resulting from proposed actions upon the social and community aspects of the area. This section will also address the requirements for Environmental Justice regarding low income and minority populations and risks to children’s health and safety.  Visual Effects (including light emissions) In this subsection, the Consultant will evaluate project-related visual, aesthetic, and light impacts. To do so, the Consultant shall determine if the No Action and Proposed Action would cause lighting or visual impacts on areas of unique natural beauty, historic or architectural significance. JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 9 of 10 A special lighting study is not included in this SOW, if the FAA determines a special lighting study is warranted, it will be completed under a separate SOW and fee. Unique situations that may require special analysis, include: • Native American traditional cultural places, protected tribal resources, and Indian sacred sites that may be affected by light emissions; • unique areas that are valued for dark skies where light emissions would be substantially increased; and • light-sensitive biological resources in the area, including migratory birds and marine mammals.  Water Resources (including wetlands, floodplains, surface waters, groundwater, and wild and scenic rivers) This section will describe the existing water resources within and near the study area including wetlands, floodplains, surface waters, ground water, and wild and scenic rivers. The laws and regulations applicable to the No Action and Proposed Action will be detailed, in addition to how those actions would unavoidably affect the resources, as well as a description of the measures required to mitigate those effects. According to the most recent National Wetlands Inventory as well as other online resources, water resources are not present within the study area. As such, a wetland and other waters delineation is not included in this SOW. The airport is located within a floodplain. As such, appropriate coordination with the local floodplain official and public notification will be completed. If additional survey or analysis is required by the FAA or other agencies, it will be included under a separate SOW and fee.  Cumulative Resources The Consultant will discuss how the Proposed Action may contribute to cumulative impacts on environmental resources in the study area and describe those measures required to mitigate those effects. Past, present, and reasonably foreseeable future actions (assumed 5-year outlook) will be considered. 3.4 Other EA Sections The Consultant will also prepare the following additional sections for the EA: • Introduction • Public Involvement • List of Preparers • List of Agencies Consulted • References Cites Task 3.0 Summary and Deliverables: Task Product(s): A preliminary Draft EA will be completed as part of this task for review by the Sponsor and FAA. This task assumes three (3) rounds of comments from the Sponsor, MoDOT, and the FAA. Comments will be addressed and the Draft EA will be updated. Sponsor Task Responsibilities: The Sponsor will assist the Consultant in reviewing the Draft EA prior to public release in Task 5. JEFFERSON CITY MEMORIAL AIRPORT MODOT PROJECT NO. 22-040B-1 ENVIRONMENTAL SERVICES JULY 14, 2022 Page 10 of 10 Consultant Task Responsibilities: The Consultant will prepare the preliminary Draft EA for review by the Sponsor prior to public release in Task 4. 4.0 REPORT PREPARATION AND DELIVERABLES The following documentation elements are included: 4.1 Draft Environmental Assessment (DEA) A DEA will be prepared for public release following the Consultant addressing comments received in Task 3 from the Sponsor. Two hard (2) copies of the DEA will be made available for 30 days for public review. The DEA will also be posted and available for download on the city’s website. The DEA will be Section 508 compliant prior to placement on the city’s website. 4.2 DEA Comment Responses Responses to comments received on the DEA will be prepared by the Consultant and reviewed by MoDOT and the FAA. A formal comment response will be drafted, and revisions made to the DEA, as appropriate. Comments and responses will be summarized in an appendix to the EA document. 4.3 Final Environmental Assessment (FEA) The Consultant will prepare a FEA that incorporates all comments received during the formal comment period. The FEA will be submitted to MoDOT and the FAA for review, approval and serve as the basis for the Finding of No Significant Impact (FONSI) or Record of Determination (ROD). This task assumes one (1) round of comments from the Sponsor and FAA. Once the FEA has been approved and the FONSI/ROD signed, a notice of EA FONSI/ROD will be advertised, and a Section 508 complaint document will be submitted to the FAA. At the completion of the EA, a project file will be submitted to the FAA for their administrative record. Copies of the DEA and FEA will be included in Section 508 compliant Word and PDF formats. Task 4.0 Summary and Deliverables: Task Product(s): Three (3) bound hard copies of the DEA are included for distribution to the Airport (1 copy) and public review (2 copies). Section 508 complaint digital copies (PDF) will also be provided to the FAA and for distribution, as necessary. Five (5) bound hard copies of the FEA are included for distribution to the Airport (2 copies) and others as applicable (2 copies). Digital copies (PDF) will also be provided for distribution, as necessary. A final project file with Section 508 compliant documents will be submitted to the FAA. Sponsor Task Responsibilities: The Sponsor will assist the Consultant in determining appropriate venues for distributing the DEA and FEA for public review and comment. Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor to produce a DEA for public review and comment. The Consultant will collect, document, and address all comments received during the public review period in the FEA and produce a FEA for MoDOT and FAA approval. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit IIA -1 EXHIBIT IIA CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED PROJECTS Updated April 18, 2019 View the most current versions of these ACs and any associated changes at http://www.faa.gov/airports/resources/advisory_circulars/ and https://www.faa.gov/regulations_policies/advisory_circulars/. NUMBER TITLE 70/7460-1L Change 2 Obstruction Marking and Lighting 150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations 150/5000-17 Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1-2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Non Primary Airports 150/5100-17, Changes 1-7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-28F Notices to Airmen (NOTAMS) for Airport Operations 150/5200-30D Change 1 Airport Field Condition Assessments and Winter Operations Safety 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Airport Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Airport Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver’s Enhanced Vision System (DEVs) Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit IIA -2 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16E Change 1 Automated Weather Observing Systems (AWOS) for Non-Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Show and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Changes 1-2 Airport Ground Vehicle Automatic Dependent Surveillance – Broadcast (ADS-B) Out Squitter Equipment 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 105/5320-5D Airport Drainage Design 150/5320-6F Airport Pavement Design and Evaluation 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5235-4B Runway Length Requirements for Airport Design Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit IIA -3 150/5335-5C Standardized Method of Reporting Airport Pavement Strength-PCN 150/5340-1L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification for L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43J Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low-Impact Resistant (LIR) Structures 150/5345-46E Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge-Type Flasher Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit IIA -4 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing & Graphics 150/5360-13A Airport Terminal Planning 150/5360-14A Access to Airports by Individuals with Disabilities 150/5370-2G Operational Safety on Airports During Construction 150/5370-10H Standard Specifications for Construction of Airports 150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150-5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5390-2C Heliport Design 150/5395-1B Seaplane Bases 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness MoDOT MoDOT DBE Program- http://www.modot.org/ecr/index.htm Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibit III -1 EXHIBIT III SERVICES PROVIDED BY THE SPONSOR The Sponsor, as a part of this Agreement, shall provide the following: 1. Assist the Consultant in arranging to enter upon public and private property as required for the Consultant to perform his services. 2. Obtain approvals and permits from all governmental entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 3. Prompt written notice to the Consultant whenever the Sponsor observes or knows of any development that affects the scope or timing of the Consultant's services. 4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or other data the Sponsor may have on file with regard to this project. 5. All payments to landowners or tenants associated with the acquisition of the required property rights prior to or concurrent with closing. 6. All staff, procedures and activities related to acquiring the property , including but not limited to appraisals, reviews, negotiations, relocation assistance and eminent domain. 7. Pay all publishing costs for advertisements of notices, public hearings, request for proposals and other similar items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities, and shall secure the necessary land easements and/or rights-of-way required for the project. 8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 9. Disadvantaged business enterprise (DBE) goals for the project based upon proposed bid items, quantities and opinions of construction costs. 10. Guidance for assembling bid package to meet Sponsor’s bid letting requirements. 11. Designate contact person (see Section (23)(A)). 12. Pay costs for title searches. Airport: Jefferson City Memorial MoDOT Project No.: [22-040B-1] Exhibits IV and V - 1 EXHIBIT IV DERIVATION OF CONSULTANT PROJECT COSTS EXHIBIT V ENGINEERING BASIC AND SPECIAL SERVICES-COST BREAKDOWN 1 DIRECT SALARY COSTS: TITLE HOURS RATE/HOUR COST ($) Senior Project Manager 12 89.00 1,068.00 Planner III 163 55.00 8,965.00 CADD Tech I 14 32.00 448.00 Project Coordinator I 8 35.00 280.00 Total Direct Salary Costs =$10,761.00 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: 2a Percentage of Direct Salary Costs @ 199.73 %=$21,492.95 2b FCCM Rate (Optional) @ 0.00 %=$0.00 3 SUBTOTAL: Items 1 and 2a =$32,253.95 4 PROFIT: 15% of Item 3 Subtotal*=$4,838.09 *Note: 0-15% Typical Subtotal $37,092.04 Lump Sum Fee 5 OUT-OF-POCKET EXPENSES: Total Out-of-Pocket Expenses =$0.00 Not to Exceed 6 SUBCONTRACT COSTS: a. Survey, Appraisal, Review Appraisal, Negotiation =$16,000.00 b. Cultural Resource, Phase I ESA =$20,000.00 c. Historic, Asbestos, Lead Paint $10,000.00 =$46,000.00 Not to exceed 7 MAXIMUM TOTAL FEE: Items 1, 2, 3, 4, 5 and 6 =$83,092.07 Not to exceed EXHIBIT IV Exhibit IV - 1 updated 8/2018 DERIVATION OF CONSULTANT PROJECT COSTS JEFFERSON CITY MEMORIAL AIRPORT JEFFERSON CITY, MISSOURI ENVIRONMENTAL AND LAND RELATED SERVICES July 14, 2022 AIRPORT:Jefferson City Memorial Airport AIP OR PROJECT NUMBER: PROJECT NAME: Environmental and Land Related Services DATE: July 14, 2022 FEE BREAKDOWN LABOR HOUR BREAKDOWN Labor Category Total Cost Senior Project Manager Planner III CADD Tech I Project Coordinator I Phase Item Costs 1.0 Preliminary Design Phase (Lump Sum)1.0 Preliminary Phase (Lump Sum) Senior Project Manager 2 hrs.x 306.77$ /hr =613.54$ 1.01 Coordinate and Attend Meetings with the Sponsor and MoDOT 1 1 496.35$ Planner III 161 hrs.x 189.58$ /hr =30,522.38$ 1.02 Prepare Project Scope of Work and Contract 1 2 548.05$ CADD Tech I 14 hrs.x 110.30$ /hr =1,544.20$ 1.03 Update and Modify Exhibit "A" Property Map 2 220.60$ Project Coordinator I 4 hrs.x 120.64$ /hr #482.56$ 1.04 Prepare Environmental Documentation 160 12 31,656.40$ 1.05 Prepare Preliminary Title Reports 2 241.28$ -$ SUBTOTAL 181 hrs.33,162.68$ -$ -$ Reimbursables -$ 0 Day x 85.00$ /Day=-$ -$ 0 Mi x 0.585$ /Mi=-$ -$ 0 Day x 110.00$ /Day=-$ -$ Per Diem 0 Day x 55.00$ /Day=-$ -$ Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$ -$ -$ -$ 33,162.68$ 2 161 14 4 0 33,162.68$ Labor Category Total Cost Senior Project Manager Planner III Phase Item Costs 2.0 Appraisals and Review Appraisals (Lump Sum)2.0 Appraisals and Review Appraisals (Lump Sum) 2 hrs.x 306.77$ /hr =613.54$ 2.01 Coordinate Appraisals 2 2 992.70$ 2 hrs.x 189.58$ /hr =379.16$ -$ -$ SUBTOTAL 4 hrs.992.70$ -$ -$ Reimbursables -$ 0 Day x 85.00$ /Day=-$ -$ 0 Mi x 0.585$ /Mi=-$ -$ 0 Day x 110.00$ /Day=-$ -$ Per Diem 0 Day x 55.00$ /Day=-$ -$ Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$ -$ -$ 992.70$ 2 2 0 0 0 992.70$ Auto Rental Mileage Lodging + Tax & Fees SUBTOTAL Total Hours Planner III TASK LABOR CATEGORY TASK Total Hours Billing Rate SUBTOTAL PHASE SUBTOTAL Senior Project Manager Auto Rental Mileage Lodging + Tax & Fees Billing Rate TOTALS LABOR CATEGORY SUBTOTAL SUBTOTAL PHASE SUBTOTAL TOTALS Page 1 of 3 Rev. 1.4.22 Labor Category Total Cost Senior Project Manager Phase Item Costs 3.0 Acquisition and Negotiations Phase (Lump Sum)3.0 Acquisition and Negotiations Phase (Lump Sum) 5 hrs.x 306.77$ /hr =1,533.85$ 3.01 Coordinate Negotiations 1 306.77$ 3.02 Prepare Offer Packages and Review Legal Descriptions 2 613.54$ 3.03 Negotiate Acquisition Property -$ -$ -$ 2 613.54$ -$ -$ SUBTOTAL 5 hrs.1,533.85$ -$ -$ Reimbursables -$ 0 Day x 85.00$ /Day=-$ -$ 0 Mi x 0.585$ /Mi=-$ -$ 0 Day x 110.00$ /Day=-$ -$ Per Diem 0 Day x 55.00$ /Day=-$ -$ Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$ -$ -$ -$ 1,533.85$ 5 0 0 0 0 1,533.85$ Labor Category Total Cost Senior Project Manager Project Coordinator I Phase Item Costs 4.0 Close-Out Phase (Lump Sum)4.0 Close-Out Phase (Lump Sum) 3 hrs.x 306.77$ /hr =920.31$ 4.01 Preparation of Final Files/Report 2 2 854.82$ 4 hrs.x 120.64$ /hr =482.56$ 4.02 Summarize Project Costs 1 2 548.05$ -$ SUBTOTAL 7 hrs.1,402.87$ -$ -$ Reimbursables -$ 0 Mi x 0.585$ /Mi=-$ -$ 0 Day x 110.00$ /Day=-$ -$ Per Diem 0 Day x 55.00$ /Day=-$ -$ Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$ Survey Supplies & Equip.1 Each x -$ /Trip=-$ -$ 0 Day x 85.00$ /Day=-$ -$ -$ -$ .-$ 1,402.87$ 3 4 0 0 0 1,402.87$ SUBTOTAL SUBTOTAL Senior Project Manager Senior Project Manager Lodging + Tax & Fees Project Coordinator I Auto Rental Mileage Lodging + Tax & Fees Mileage LABOR CATEGORY Billing Rate TOTALS TOTALS Total Hours Billing Rate SUBTOTAL PHASE SUBTOTAL PHASE SUBTOTAL 3.04 Prepare Administrative Settlement Memo or Condemnation Package 3.05 Transmit Executed Documents, Manage Escrow Clsoing and Process Payment Total Hours SUBTOTAL TASK LABOR CATEGORYTASK Survey Field Vehicle Page 2 of 3 Rev. 1.4.22 Property Survey SUBTOTAL 3,500.00$ SUBCONSULTANT 2 Appraiser and Review Appraiser SUBTOTAL 7,500.00$ SUBCONSULTANT 3 Negotiation SUBTOTAL 5,000.00$ Cultural Resource Survey and Phase I ESA SUBTOTAL 10,000.00$ Historic Resource Survey SUBTOTAL 10,000.00$ Asbestos and Lead Based Paint Survey SUBTOTAL 10,000.00$ Phase Fee Reimbursable Costs Total Cost PART A - BASIC SERVICES (LUMP SUM) 1.0 Preliminary Design Phase (Lump Sum)33,162.68$ -$ 33,162.68$ 2.0 Appraisals and Review Appraisals (Lump Sum)992.70$ -$ 992.70$ 3.0 Acquisition and Negotiations Phase (Lump Sum)1,533.85$ -$ 1,533.85$ 4.0 Close-Out Phase (Lump Sum)1,402.87$ -$ 1,402.87$ SUBTOTAL 37,092.10$ -$ 37,092.10$ PART B - SPECIAL SERVICES Property Survey 3,500.00$ Appraiser and Review Appraiser 7,500.00$ Negotation 5,000.00$ Cultural Resource Survey and Phase I ESA 10,000.00$ Historic Resource Survey 10,000.00$ Asbestos and Lead Based Paint Survey 10,000.00$ SUBTOTAL 46,000.00$ 37,092.10$ -$ 83,092.10$ SUBCONSULTANT 6 TOTAL SUBCONSULTANT 5 SUBCONSULTANT 4 SUBCONSULTANT 1 Page 3 of 3 Rev. 1.4.22 Exhibit VI - 1 EXHIBIT VI PERFORMANCE SCHEDULE The Consultant agrees to proceed with services immediately upon receipt of written Notice to Proceed (NTP) by the Sponsor and to employ such personnel as required to complete the scope of services in accordance with the following time schedule: BASIC SERVICES A. Preliminary Phase and Environmental Services As Required SPECIAL SERVICES A. Field Survey-Property Survey 1. Research (30) calendar days after receipt of NTP 2. Field Survey a. Boundary surveys and reference ties (90) calendar days after receipt of NTP b. Set Boundary Corners (90) calendar days after completion of property acquisition 3. Office Calculations, Plat of Survey, Drawings (120) calendar days and Exhibit A Property Map after receipt of NTP B. Land Acquisition Assistance 1. Meetings As required 2. Coordination As required E. Other Services 1. Airport Layout Plan (ALP) Update (30) calendar days After acquisition CCO FORM: MO04 Sponsor: City of Jefferson Approved: 03/91 (KR) Project No.: 22-040B-1 Revised: 08/21 (MWH) Airport Name: Jefferson City Memorial Modified: CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation STATE BLOCK GRANT AGREEMENT SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION --State Block Grant Agreement --Federal Authorization - Airport and Airway Improvement Act of 1982 (as amended) --Project Description - Planning, Land/Easement Appraisals and Acquisitions, Surveying, Engineering Design, Construction SECTION II - STANDARD AGREEMENT ITEMS 1. PURPOSE 2. PROJECT TIME PERIOD 3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY 4. AMOUNT OF GRANT 5. AMOUNT OF MATCHING FUNDS 6. ALLOWABLE COSTS 7. WITHDRAWAL OF GRANT OFFER 8. EXPIRATION OF GRANT OFFER 9. FEDERAL SHARE OF COSTS 10. COMPLETING THE PROJECT WITHOUT DELAY AND IN CONFORMANCE WITH REQUIREMENTS 11. RECOVERY OF FEDERAL FUNDS 12. UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY 13. PAYMENT 14. ADMINISTRATIVE/AUDIT REQUIREMENTS 15. ASSURANCES/COMPLIANCE 16. LEASES/AGREEMENTS 17. NONDISCRIMINATION ASSURANCE 18. CANCELLATION 19. VENUE 20. LAW OF MISSOURI TO GOVERN 21. WORK PRODUCT 22. CONFIDENTIALITY 23. NONSOLICITATION 24. DISPUTES 25. INDEMNIFICATION 26. HOLD HARMLESS 27. NOTIFICATION OF CHANGE 28. DURATION OF GRANT OBLIGATIONS 29. AMENDMENTS - 2 - 30. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS 31. ASSIGNMENT 32. BANKRUPTCY 33. COMMISSION REPRESENTATIVE 34. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 35. BAN ON TEXTING WHILE DRIVING 36. TRAFFICKING IN PERSONS 37. SUSPENSION OR DEBARMENT 38. SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUE ENTITY IDENTIFIER 39. FINANCIAL REPORTING AND PAYMENT REQUIREMENTS 40. EMPLOYEE PROTECTION FROM REPRISALS SECTION III – PLANNING 41. AIRPORT LAYOUT PLAN 42. AIRPORT PROPERTY MAP 43. ENVIRONMENTAL IMPACT EVALUATION 44. EXHIBIT "A" PROPERTY MAP 45. SOLID WASTE RECYCLING PLAN 46. MASTER PLAN/SITE SELECTION 47. MASTER PLAN SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS 48. RUNWAY PROTECTION ZONE 49. FEE APPRAISALS 50. ACQUISITION OF LAND - FEE SIMPLE TITLE 51. ACQUISITION OF AVIGATION EASEMENTS 52. UPDATE APPROVED EXHIBIT "A" PROPERTY MAP FOR LAND IN PROJECT 53. LAND/EASEMENT ACQUISITION - FEDERAL REQUIREMENTS 54. LAND ACQUISITION 55. TITLE EVIDENCE 56. FUTURE DEVELOPMENT LAND 57. PROGRAM INCOME AND REVENUE FROM REAL PROPERTY SECTION V - DESIGN 58. ENGINEER'S DESIGN REPORT 59. GEOMETRIC DESIGN CRITERIA 60. PLANS, SPECIFICATION AND ESTIMATES SECTION VI - CONSTRUCTION 61. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS 62. CONSTRUCTION PROGRESS AND INSPECTION REPORTS 63. WAGE LAWS 64. COMPETITIVE SELECTION OF CONTRACTOR 65. REVIEW OF BIDS AND CONTRACT AWARD 66. NOTICE TO PROCEED 67. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION 68. LABOR STANDARDS INTERVIEWS 69. AIR AND WATER QUALITY 70. FILING NOTICE OF LANDING AREA PROPOSAL - 3 - 71. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 72. CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS 73. RESPONSIBILITY FOR PROJECT SAFETY 74. RECORD DRAWINGS SECTION VII – SPECIAL CONDITIONS 75. SPECIAL CONDITIONS SECTION VIII – GRANT ACCEPTANCE --Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to comply with grant requirements will jeopardize funding eligibility. --Certificate of sponsor's attorney - 4 - Sponsor: City of Jefferson Project No.: 22-040B-1 Airport Name: Jefferson City Memorial CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE BLOCK GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation Administration (hereinafter, "FAA") and the Federal Airport Improvement Program (hereinafter, "AIP"). WITNESSETH: WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534 entitled "State Block Grant Pilot Program", (Title 49 United States Code (hereinafter, "USC") Section 47128); and WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State Block Grant Program to be permanent; and WHEREAS, the Commission has been selected by the FAA to administer state block grant federal funds under said program; and WHEREAS, the Sponsor has applied to the Commission for a sub grant under said program; and WHEREAS, the Commission has agreed to award funds to the Sponsor with the understanding that such funds will be used for a project pursuant to this Agreement for the purposes generally described as follows: EA AND LAND SERVICES FOR CONTROL TOWER PHASE I; NOW, THEREFORE, in consideration of these mutual covenants, promises and representations, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistance to the Sponsor under the State Block Grant Program. (2) PROJECT TIME PERIOD: The project period shall be from the date of execution by the Commission to August 30, 2023. The Commission's assistant chief engineer may, for good cause as shown by the Sponsor in writing, extend the project time period. - 5 - (3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor shall provide satisfactory evidence of title to all existing airport property and avigation easements and address any and all encumbrances. Satisfactory evidence will consist of the Sponsor’s execution of a Certificate of Title form provided by the Commission. (4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed Eight Three Thousand Ninety-Two Dollars ($83,092) for eligible preliminary project costs and/or land/easement acquisition. A grant amendment to cover the balance of eligible project costs will be provided after construction bids are received. (A) The amount of this grant stated above represents one hundred percent (100%) of eligible project costs. (B) 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. In no event will the Commission provide the Sponsor funding for improvements or work that are not actually performed. The release of all funding under this Agreement is subject to review and approval of all project expenses to ensure that they are qualifying expenses under this program. (5) ALLOWABLE COSTS: Block grant funds shall not be used for any costs that the Commission and/or the FAA has determined to be ineligible or unallowable in accordance with 49 USC Chapters 471 and 475. (6) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to amend or withdraw this grant offer at any time prior to its acceptance by the Sponsor. (7) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant Agreement has been executed by the Sponsor on or before September 30, 2022 or such subsequent date as may be prescribed in writing by the Commission. (8) FEDERAL SHARE OF COSTS: The United States’ share of the allowable project costs will be made in accordance with 49 USC § 47109 and the provisions of such regulations, policies and procedures as the Secretary of the United States Department of Transportation (hereinafter, “USDOT”) shall practice. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the federal share of costs. (9) COMPLETING THE PROJECT WITHOUT DELAY AND IN CONFORMANCE WITH REQUIREMENTS: The Sponsor must assure that the project is carried out and completed without undue delays and in accordance with this Agreement, applicable laws, statutes, regulations, and policies and procedures of the USDOT Secretary. Per 2 Code of Federal Regulations (hereinafter, "CFR") § 200.308, the - 6 - Sponsor agrees to report to the Commission any disengagement from funding eligible expenses under the Agreement and any subgrants thereto that exceed three months and request prior approval from the Commission. The report must include a reason for the stoppage. The Sponsor agrees to comply with th e attached assurances, which are part of this Agreement. These assurances, conditions, and any addendums apply to any subgrants issued under this Agreement. (10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps, including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purpose of this grant Agreement, the term "federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other federal grant Agreement. The Sponsor must obtain the approval of the Commission as to any determination of the amount of the federal share of such funds. The Sponsor shall return the recovered federal share, including funds recovered by settlement, order or judgment, to the Commission. The Sponsor shall furnish to the Commission, upon request, all documents and records pertaining to the determination of the amount of the federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such federal share shall be approved in advance by the Commission. (11) UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY: The United States is not responsible or liable for damage to property or in jury to persons that may arise from, or be incident to, compliance with this Agreement or subgrants issued under this Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Agreement. (12) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of the project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph (13)(B) of this Agreement. (A) The Sponsor may request payment at any time subsequent to the execution of this Agreement by both parties. Requests for reimbursement shall be supported with invoices. After the Sponsor pays incurred costs, copies of checks used to pay providers must be submitted to the Commission. (B) It is understood and agreed by and between the parties that the Commission shall make no payment which could cause the aggregate of all payments under this Agreement to exceed ninety percent (90%) of the maximum federal (block grant) obligation stated in this Agreement or eighty -six percent (86%) of actual total eligible project cost, whichever is lower, until the Sponsor has met and/or performed all requirements of this grant Agreement to the satisfaction of the Commission. The final ten percent (10%) of the maximum federal (block grant) obligation stated in this Agreement - 7 - shall not be paid to the Sponsor until the Commission has received and approved all final closeout documentation for the project. (C) Within ninety (90) days of final inspection of the project funded under this Agreement, the Sponsor shall provide to the Commission a final payment request and all financial, performance and other reports as required by the conditions of this Agreement, with the exception of the final audit report. This report shall be provided when the Sponsor's normal annual audit is completed. (D) When force account or donations are used, the costs for land, engineering, administration, in-kind labor, equipment and materials, etc., may be submitted in letter form with a breakdown of the number of hours and the hourly charges for labor and equipment. Quantities of materials used and unit costs must also be included. All force account activity, donations, etc., must be pre-approved by the Commission to ensure eligibility for funding. (13) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed by the administrative and audit requirements as prescribed in 2 CFR Part 200. (A) If the Sponsor expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in a year in federal financial assistance, it is required to have an independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the audit report shall be submitted to the Missouri Department of Transportation (hereinaft er, "MoDOT") within the earlier of thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period. Subject to the requirements of 2 CFR Part 200, if the Sponsor expends less than Seven Hundred Fifty Thousand Dollars ($750,000) in a year, the Sponsor may be exempt from auditing requirements for that year, but records must be available for review or audit by applicable state and federal authorities. (B) When the Sponsor's normal annual audit is completed, the S ponsor shall provide to the Commission a copy of an audit report that includes the disposition of all federal funds involved in this project. (C) In the event a final audit has not been performed prior to the closing of the grant, the Commission retains the right to recover any appropriate amount of funding after fully considering interest accrued or recommendations on disallowed costs identified during the final audit. (D) The Commission reserves the right to conduct its own audit of the Sponsor's records to confirm compliance with grant requirements and to ensure that all costs and fees are appropriate and acceptable. (14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA standard airport Sponsor assurances as outlined in attached Exhibit 1, current FAA Advisory Circulars (hereinafter, "ACs") for AIP projects and/or the Commission’s specifications. These assurances, ACs and the Commission’s specifications are hereby - 8 - incorporated into and made part of this Agreement. The Sponsor shall review the assurances, ACs, Commission’s specifications and current FAA Order 5190.6 entitled "FAA Airport Compliance Manual", and notify the Commission of any areas of non - compliance within its existing facility and/or operations. All non -compliance situations must be addressed and a plan to remedy areas of non -compliance must be established before final acceptance of this project and before final payment is made to the Sponsor. (15) LEASES/AGREEMENTS: The Sponsor shall ensure that its lease agreements provide for fair market value income and prohibit exclusive rights. (A) Long term commitments (longer than 5 years) must provide for renegotiation of the leases’/agreements’ terms and payments at least every five (5) years. (B) Leases/agreements shall not contain provisions that adversely affect the Sponsor's possession and control of the airport or interfere with the Sponsor's ability to comply with the obligations and covenants set forth in this grant Agreement. (16) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Sponsor agrees as follows: (A) Civil Rights Statutes: The Sponsor shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition, if the Sponsor is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Sponsor shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally-assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Sponsor shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Sponsor s hall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Sponsor. These apply to all solicitations either by competitive bidding or negotiation made by the Sponsor for work to be performed under a subcontract, including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Sponsor of the requirements of this - 9 - Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The Sponsor shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Commission or the USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the Sponsor fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the Sponsor complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The Sponsor shall include the provisions of Paragraph (17) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the USDOT. The Sponsor will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Sponsor becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. (17) CANCELLATION: The Commission may cancel this Agreement at any time the Sponsor breaches the contractual obligations by providing the Sponsor with written notice of cancellation. Should the Commission exercise its right to cancel the Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (A) Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in violation of the terms of this Agreement. Any lack of progress that significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be - 10 - solely within the discretion of the Commission. Once such determination is made, the Commission shall so notify the Sponsor in writing. Termination of any part of the grant will not invalidate obligations properly incurred by the Sponsor prior to the date of termination. (B) The Commission shall have the right to suspend funding of the project at any time and for so long as the Sponsor fails to substantially comply with all the material terms and conditions of this Agreement. If the Commission determines that substantial noncompliance cannot be cured within thirty (30) days, then the Comm ission may terminate the funding for the project. If the Sponsor fails to perform its obligations in substantial accordance with the Agreement (except if the project has been terminated for the convenience of the parties) and the FAA requires the Commissi on to repay grant funds that have already been expended by the Sponsor, then the Sponsor shall repay the Commission such federal funds. (18) 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 regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (19) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. Th e Sponsor shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission shall remain the property of the Sponsor. However, Sponsor shall provide to the Commission a copy of magnetic discs that contain computer aided design and drafting (CADD) drawings and other documents generated under this grant. Information supplied by the Commissio n shall remain the property of the Commission. The Sponsor shall also supply to the Commission hard copies of any working documents such as reports, plans, specifications, etc., as requested by the Commission. (21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (22) 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, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warra nty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent - 11 - fee. (23) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (24) 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 MoDOT 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 d efenses with regard to each party’s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless from any and all claims for liens of labor, services or materials furnished to the Sponsor in connection with the performance of its obligations under this Agreement. Certification statements from construction contractors must be provided to ensure all workers, material suppliers, etc., have been paid. (26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the Commission of any changes in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this Agreement. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail - 12 - postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery, addressed as follows: Commission: Kyle LePage Administrator of Aviation Missouri Department of Transportation P.O. Box 270 Jefferson City, MO 65102 (573) 526-7912 (573) 526-4709 FAX email: kyle.lepage@modot.mo.gov Sponsor: Britt Smith Department of Public Works Operations Division Director City of Jefferson 320 E. McCarty Jefferson City, MO 65101 (573) 634-6450 (573) 634-6457 FAX email: bsmith@jeffcitymo.org or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile or email delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of the facsimile or email transmission of the document. (27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for the useful life of any facilities/equipment installed with grant funds, but in any event not to exceed twenty (20) years. There shall be no limit on the duration of the assurance against exclusive rights or terms, conditions and assurances with respect to real property acquired with federal funds. Paragraph (28) equally applies to a private sponsor. However, in the case of a private sponsor, the useful life for improvements shall not be less than ten (10) years. (A) The financial assistance provided hereunder constitutes a grant to the Sponsor. Neither the Commission nor the FAA will have title to the improvements covered by this Agreement, as title to same shall vest in the Sponsor. (B) For the grant duration period, the Sponsor becomes obligated, upon any sale or disposition of the airport or disconti nuation of operation of the airport to immediately repay, in full, the grant proceeds or proportionate amount thereof based upon the number of years remaining in the original obligation to the Commission. The Commission and the Sponsor hereby agree that during said period, the property and improvements which constitute the subject airport are subject to sale, if necessary, for the recovery of the federal pro rata share of improvement costs should this Agreement be - 13 - terminated by a breach of contract on the part of the Sponsor or should the aforementioned obligations not be met. (C) In this Section, the term "any sale or disposition of the airport" shall mean any sale or disposition of the airport: (i) for a use inconsistent with the purpose for which the Commission's share was originally granted pursuant to this Agreement; or (ii) for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption Agreement with the Sponsor with respect to the Sponsor's obligation under the instrument so that the transferee becomes obligated thereunder as if the transferee had been the original owner thereof. (28) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Sponsor and the Commission. (29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts for professional services are to be procured by competitive proposals per federal procurement requirements (49 CFR, Section 18.36). Requests for proposals/qualifications are to be publicly announced for services expected to cost more than One Hundred Thousand dollars ($100,000) in the aggregate. Small purchase procedures (telephone solicitations or direct mail) may be used for services costing One Hundred Thousand Dollars ($100,000) or less. All professional services contracts are subject to review and acceptance by the Commission prior to execution by the Sponsor to ensure funding eligibility. (30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiv er, 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. (32) COMMISSION REPRESENTATIVE: The Commission's assistant 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 ac t on behalf of the Commission in furtherance of the performance of this Agreement. (33) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The Sponsor shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170. - 14 - (34) BAN ON TEXTING WHILE DRIVING: In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: (A) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. (B) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: 1. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 2. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (35) TRAFFICKING IN PERSONS: (A) The Commission may unilaterally terminate this Agreement, without penalty, if the Sponsor or a subcontractor that is a private entity: 1. Is determined to have: a. Engaged in severe forms of trafficking in persons during the period of time that this Agreement and any subgrants entered into pursuant to this Agreement are in effect; b. Procured a commercial sex act during the period of time that this Agreement, including any subgrants entered into pursuant to this Agreement, are in effect; or c. Used forced labor in the performance of this Agreement, including any subgrants entered into pursuant to this Agreement; or 2. Has an employee who is determined by the Commission official authorized to terminate the Agreement to have violated a prohibition in paragraph (36)(A)1.a. above through conduct that is either associated with performance under this Agreement or imputed to the Sponsor or subcontractor using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. (B) The Sponsor must notify the Commission immediately of any - 15 - information the Sponsor receives from any source alleging a violation of a prohibition in Paragraph (36)(A)1 of this Agreement, including subgrants entered into pursuant to this Agreement. (C) The Commission’s right to terminate unilaterally that is described in Paragraph (36)(A)1 of this Agreement: 1. Implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC 7104(g)); and 2. Is in addition to all other remedies for noncompliance that are available to the Commission under this Agreement. (D) The Sponsor shall include the requirements of Paragraph (37)(A)1 of this Agreement in any subgrant entered into pursuant to this Agreement. (36) SUSPENSION OR DEBARMENT: Sponsors entering into "covered transactions", as defined by 2 CFR § 180.200, must: (A) Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if non -federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating; and (B) Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g. subcontracts). (37) SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUE ENTITY IDENTIFIER: (A) Requirement for System for Award Management (hereinafter, "SAM"): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in SAM until the Commission submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Commission review and update, and will require the Sponsor to review and update, the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM - 16 - website (currently at http://www.sam.gov). (B) Unique Entity Identifier (hereinafter, "UEI") means a twelve character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.jsf. (38) FINANCIAL REPORTING AND PAYMENT REQUIREMENTS: The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. (39) EMPLOYEE PROTECTION FROM REPRISALS: (A) Prohibition of Reprisals: In accordance with Title 41 USC § 4712, an employee of the Sponsor, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in subparagraph (40)(B) information that the employee reasonably believes is evidence of: 1. Gross mismanagement of a federal grant; 2. Gross waste of federal funds; 3. An abuse of authority relating to implementation or use of federal funds; 4. A substantial and specific danger to public health or safety; or 5. A violation of law, rule, or regulation related to a federal grant. (B) Persons and Bodies Covered: The persons and bodies to which a disclosure by an employee is covered are as follows: 1. A member of Congress or a representative of a committee of Congress; 2. An Inspector General; 3. The Government Accountability Office; 4. A federal office or employee responsible for oversight of a grant program; 5. A court or grand jury; 6. A management office of the grantee or subgrantee; or - 17 - 7. A federal or state regulatory enforcement agency. (C) Submission of Complaint: A person who believes that they have been subjected to a reprisal prohibited by Paragraph (40)(A) of this Agreement may submit a complaint regarding the reprisal to the Office of Inspector General for the USDOT. (D) Time Limitation for Submittal of a Complaint: A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. (E) Required Actions of the Inspector General: Actions, limitations, and exceptions of the Inspector General’s office are established under 41 USC § 4712(b). (F) Assumption of Rights to Civil Remedy: Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 USC § 4712(c). (40) AIRPORT LAYOUT PLAN: All improvements must be consistent with a current and approved Airport Layout Plan (hereinafter, "ALP"). The Sponsor shall update and keep the ALP drawings and corresponding narrative report current with regard to FAA standards and physical or operational changes at the airport. (A) ALP approval shall be governed by FAA Order 5100.38, entitled “Airport Improvement Program Handbook.” (B) If ALP updates are required as a result of this project, the Sponsor understands and agrees to update the ALP to reflect the construction to standards satisfactory to the Commission and submit it in final form to the Commission. It is further mutually agreed that the reasonable cost of developing said ALP Map is an allowable cost within the scope of this project. Airport Sponsor Grant Assurance 29 further addresses the Sponsor’s statutory obligations to maintain an ALP in accordance with 49 USC § 47107(a)(16). (C) The Sponsor has made available to (or will make available to) and has provided (or will provide) upon request to the metropolitan planning organization, if any, in the area in which the Airport is located, a copy of the proposed ALP or ALP amendment to depict the project and a copy of any airport master plan in which the project is described or depicted. (41) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a part of the ALP, a drawing which indicates how various tracts/parcels of land within the airport’s boundaries were acquired (i.e., federal funds, surplus property, local funds only, etc.). Easement interests in areas outside the fee property line shall also be included. A - 18 - screened reproducible of the Airport Layout Drawing may be used as the base for the property map. (42) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate the potential environmental impact of this project per the current version of FAA Order 5050.4, entitled “National Environmental Policy Act Implementing Instructions for Airport Actions.” Evaluation must include coordination with all resource agencies that have jurisdiction over areas of potential environmental impact and a recommended finding such as categorical exclusion, no significant impact, level of impact and proposed mitigation, etc. (43) EXHIBIT "A" PROPERTY MAP: The Sponsor’s existing Exhibit "A" Property Map dated June 2016 will be updated as part of this grant project. The Sponsor understands and agrees to update the Exhibit "A" Property Map to standards satisfactory to the Commission and to submit it in final form to the Commission. It is further mutually agreed that the reasonable cost of developing said Exhibit "A" Property Map is an allowable cost within the scope of this project. (44) SOLID WASTE RECYCLING PLAN: The Sponsor certifies that it has a solid waste recycling plan as part of an existing Airport Master Plan, as prescribed by Title 49 United States Code Section 47106(a)(6). (45) RUNWAY PROTECTION ZONE: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the Commission and the FAA, in the Runway Protection Zones: (A) Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly or other use in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the approved ALP, except for NAVAIDS that are fixed by their functional purposes or any other structure permitted by the Commission and the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the Commission and the FAA. (B) Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. (C) Future Interest in the Runway Protection Zone: The Sponsor agrees that it will make every effort to acquire fee title or easement in the Runway Protection Zones for runways that presently are not under its control within five years of this grant agreement. The Sponsor further agrees to prevent the erection or creation of any - 19 - structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structu re approved by the Commission and the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the Commission and the FAA. (46) FEE APPRAISALS: The Sponsor shall submit the qualifications of the selected fee appraisers and the scope of work for the appraisals to the Commission for review prior to executing a contract with said fee appraisers. Prior to making purchase offers to property owners, the Sponsor shall submit complete primary and review appraisals to the Commission so the Commission can ensure that the Sponsor is in compliance with state and federal requirements. (47) ACQUISITION OF LAND - FEE SIMPLE TITLE: The Sponsor shall obtain a qualified attorney's title opinion or title insurance to assure the Sponsor receives fee simple title, free and clear of any encumbrance that could adversely affect the operation, maintenance or development of the airport. The title opinion or title insurance must be tied to a current Exhibit "A" property map. The Sponsor shall acquire the property in fee simple absolute by general warranty deed from the grantors. The Sponsor shall thereafter cause the deed to be recorded in the land records of the county recorder's office in the county where the airport is located. (48) ACQUISITION OF AVIGATION EASEMENTS: The Sponsor shall obtain a qualified attorney's title opinion to assure that the Sponsor has obtained the required interest in and to the easements to be acquired, free and clear of any encumbrances that would be incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed, and that grantors of easements constituted all of the owners of the land affected by the easements. General requirements in Paragraph (50) above shall also apply. (49) UPDATE APPROVED EXHIBIT "A" PROPERTY MAP FOR LAND IN PROJECT: The Sponsor understands and agrees to update the Exhibit "A" Property Map to standards satisfactory to the Commission and submit in final form to the Commission. It is further mutually agreed that the reasonable cost of developing said Exhibit "A" Property Map is an allowable cost within the scope of this project. (50) LAND/EASEMENT ACQUISITION - FEDERAL REQUIREMENTS: The Sponsor understands and agrees that all acquisition of real property under this project will be in accordance with 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted Programs, as further required in accordance with Airport Sponsor Grant Assurance 35 and Non -Airport Sponsor Noise Compatibility Grant Assurance 21, as applicable. (51) LAND ACQUISITION: The Sponsor agrees that no payments will be made on the grant until the Sponsor has presented evidence to the Commission that it has recorded this Agreement, including the grant assurances, in the public land records of the - 20 - county courthouse. The Sponsor understands and agrees that recording the Agreement legally enforces these requirements, encumbrances and restrictions on the obligated land. (52) ENGINEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsor shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shall include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnical report and any other elements that support the engineer’s final plans and specifications. (53) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric design criteria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor may request and receive approval for adaptation of said criteria where the FAA and the Commission concur that such adaptation is appropriate considering safety, economy and efficiency of operation. (54) PLANS, SPECIFICATIONS AND ESTIMATES: The plans and construction specifications for this project shall be those promulgated by the FAA in the AC series and in FAA Orders. (A) The plans shall include a safety plan sheet to identify work areas, haul routes, staging areas, restricted areas, construction phasing, shutdown schedule etc., and to specify the requirements to ensure safety during construction. (B) The Sponsor shall submit all plans, specifications and estimates to the Commission for review and acceptance prior to advertising for bids for construction. The Commission and the Sponsor agree that the Commission approval of the Sponsor’s Plans and Specifications is based primarily upon the Sponsor’s certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that: 1. The Sponsor’s certification does not relieve the Sponsor of the requirement to obtain prior Commission and FAA approval for modifications to any AIP or supplemental appropriation standards or to notify the Commission of any limitations to competition within the project; 2. The Commission’s acceptance of a Sponsor’s certification does not limit the Commission from reviewing a ppropriate project documentation for the purpose of validating the certification statements; and 3. If the Commission determines that the Sponsor has not complied with its certification statements, the Commission will review the associated project costs to determine whether such costs are allowable under AIP or supplemental appropriation. - 21 - (55) SPECIAL CONDITIONS: The following special conditions are hereby made part of this Agreement: (A) Lobbying and Influencing Federal Employees: All contracts awarded by the Sponsor shall include the Certification Regarding Lobbying required by the FAA.This requirement affects grants or portions of a grant exceeding one hundred thousand dollars ($100,000). (B) Buy American Requirements: Unless otherwise approved in advance by the Commission and the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Agreement. The Sponsor will include a provision implementing Buy American in every subgrant funded by this Agreement. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. (C) Safety Inspection: The Sponsor shall eliminate all deficiencies identified in its most recent annual safety inspection report (FAA Airport Mast er Record Form 5010-1). If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies and shall include this plan with phased development as outlined in a current and approved ALP. (D) Grant Made on Preliminary Plans and Specifications and/or Estimates: The Sponsor understands and agrees that this grant is made and accepted upon the basis of preliminary plans, specifications and/or estimates. The parties agree that within 120 calendar days from the date of acceptance of this grant, the Sponsor shall furnish final plans and specifications to the Commission. Construction work shall not commence, and a contract shall not be awarded for the accomplishment of such work, until the final plans and specifications have been accepted by the Commission. Any reference made in this grant to plans and specifications shall be considered a reference to the final plans and specifications as accepted. Since this grant is made on preliminary plans and specifications and/or estimates, the grant amount is subject to revision (increase or decrease) after actual project costs are determined through negotiations, appraisals and/or bids. The Sponsor agrees that said revision will be at the sole discretion of the Commission. (E) Sponsor’s Disadvantaged Business Enterprise (DBE) Program: When the grant amount exceeds Two Hundred Fifty Thousand Dollars ($250,000), the Sponsor hereby adopts the Commission’s Disadvantaged Business Enterprise (hereinafter, "DBE") program that is incorporated into this grant agreement by reference. Only DBE firms certified by the Commission will qualify when considering DBE goal accomplishments. - 22 - (F) Disadvantaged Business Enterprise Required Statements: (1) Policy: It is the policy of the USDOT that DBEs, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. (2) Contract Assurance: The Commission and the Sponsor will ensure that the following clause is placed in every USDOT-assisted contract and subcontract: “The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out the applicable requirements of Title 49 Code of Federal Regulations, Part 26 in the award and administration of any United States Department of Transportation-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.” (This assurance shall be included in each subcontract the prime contractor signs with a subcontractor.) (3) Federal Financial Assistance Agreement Assurance: The Commission and the Sponsor agree to and incorporate the following assurance into their day-to-day operations and into the administration of all USDOT-assisted contracts; where “recipient” means MoDOT and/or any MoDOT grantee receiving USDOT assistance: “MoDOT and the Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation-assisted contract or in the administration of the United States Department of Transportation’s DBE Program or the requirements of Title 49 Code of Federal Regulations, Part 26. The recipient shall take all necessary and reasonable steps under Title 49 Code of Federal Regulations, Part 26 to ensure nondiscrimination in the award and administration of United States Department of Transportation-assisted contracts. The recipient’s DBE Program, as required by Title 49 Code of Federal Regulations, Part 26 and as approved by the United States Department of Transportation, is incorporated by reference into this agreement. Implementation of this program is a legal obligation and for failure to carry out its approved program, the United States Department of Transportation may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under Title 18 United States Code, Section 1001 and/or the Program Fraud Civil Remedies Act of 1986 (Title 31 United States Code, Section 3801 et seq.).” - 23 - The Commission and the Sponsor shall ensure that all rec ipients of USDOT-assisted contracts, funds, or grants incorporate, agree to , and comply with the assurance statement. (4) Prompt Payment: The Commission and the Sponsor shall require all contractors to pay all subcontractors and suppliers for satisfactory performance of services in compliance with section 34.057 RSMo, Missouri’s prompt payment statute. Pursuant to section 34.057 RSMo, the Commission and the Sponsor also require the prompt return of all retainage held on all subcontractors afte r the subcontractors' work is satisfactorily completed, as determined by the Sponsor and the Commission . All contractors and subcontractors must retain records of all payments made or received for three (3) years from the date of final payment, and thes e records must be available for inspection upon request by any authorized representative of the Commission, the Sponsor, or the USDOT. The Commission and the Sponsor will maintain records of actual payments to DBE firms for work committed to at the time o f the contract award. The Commission and the Sponsor will perform audits of contract payments to DBE firms. The audits will review payments to subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amount s stated in the schedule of DBE participation and that payment was made in compliance with section 34.057 RSMo. (5) MoDOT DBE Program Regulations: The Sponsor, contractor and each subcontractor are bound by MoDOT’s DBE Program regulations, located at Title 7 Code of State Regulations, Division 10, Chapter 8. (G) Disadvantaged Business Enterprises—Professional Services: DBEs that provide professional services, such as architectural, engineering, surveying, real estate appraisals, accounting, legal, etc., will be afforded full and affirmative opportunity to submit qualification statements/proposals and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for selection for this project. The DBE goals for professional services will be determined by the Commission at the time each proposed service contract is submitted for the Commission’s approval. (H) Consultant Contract and Cost Analysis: The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this Agreement until the Commission has received the consultant contract , the Sponsor’s analysis of costs, and the independent fee estimate. (I) Design Grant: This grant agreement is being issued in order to complete the design of the project. The Sponsor understands and agrees that within two years after design is completed that the Sponsor will accept, subject to the availability of the amount of federal funding identified in the Airport Capital Improvemen t Plan, a grant to complete the construction of the project in order to provide a useful and useable unit - 24 - of work. The Sponsor also understands that if the Commission has provided federal funding to complete design for the project, and the Sponsor has not completed the design within four years from the execution of this grant agreement, the Commission may suspend or terminate grants related to the design. (J) Revenue Producing Project: The Sponsor agrees and understands that the Sponsor has certified to the Commission that it has made adequate provisions for financing its airside needs. Further, the Sponsor agrees not to seek AIP discretionary grant funds or priority grant funds for the airside needs of the airport for the two fiscal years following the fiscal year in which this Agreement is issued. All revenue generated by this project must be used for the operation and maintenance of the Airport in accordance with the Airport Sponsor Grant Assurances, 49 USC § 47133, and FAA’s Policy and Procedures Concerning the Use of Airport Revenue (64 FR 7696, as amended). [Remainder of Page Intentionally Left Blank] - 25 - IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by the Sponsor this (DATE). Executed by the Commission this (DATE). MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF JEFFERSON By By Title Title Attest: Attest: By Secretary to the Commission Title Approved as to Form: Ordinance No. Commission Counsel (if applicable) - 26 - CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as attorney for the Sponsor, do hereby certify that in my opinion, the Sponsor is empowered to enter into the foregoing grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's official representative have been duly authorized and the execution thereof is in all respects d ue and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impedimen ts that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. SPONSOR: City of Jefferon Name of Sponsor's Attorney (typed) Signature of Sponsor's Attorney Date - 27 - EXHIBIT 1 ASSURANCES AIRPORT SPONSORS A. General. a. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. a. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. b. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. c. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: - 28 - 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act — 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 – Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 – Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). - 29 - EXECUTIVE ORDERS a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 – Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part 180 – OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 – Non-procurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures e. 14 CFR Part 16 – Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport noise compatibility planning. g. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 – Procedures for predetermination of wage rates.1 j. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 k. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 m. 49 CFR Part 18 – Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 n. 49 CFR Part 20 – New restrictions on lobbying. o. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. p. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. - 30 - q. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2 r. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. s. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 t. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. u. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. v. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial Assistance). w. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). x. 49 CFR Part 41 – Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: - 31 - It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it - 32 - will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. - 33 - Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 - 34 - U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. - 35 - g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. - 36 - 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. - 37 - 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from - 38 - the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government - 39 - aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that – a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the - 40 - Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged - 41 - business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1)reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for - 42 - noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. - 43 - 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of [Application Date]. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide - 44 - service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. BILL SUMMARY BILL NO: 2022-057 SPONSOR: Councilmember Wiseman SUBJECT: Amending Article 4. Applications and Applicants. and Article 5, Appointments. of the Personnel Policy Manual. DATE INTRODUCED: August 15. 2022 DEPARTMENT DIRECTOR(S): CC::co ~,..£) ~ ~D('--9~ CITY ADMINISTRATOR: .k #~ c Staff Recommendation: Approve . Origin of Request: Staff Summary: This ordinance amends language to allow for greater flexibility and timeliness in hiring . Department Responsible: Human Resources/ Administration PERSON RESPONSIBLE: GAIL STROPE/Steve Crowell Background Information: Current policy requires City Staff to advertise positions with a closing date for accepting applications to create a pool of applicants to be considered for a position . With the current, difficult hiring climate, the City is struggling to compete with organizations who hire applicants very quickly. This change allows the City to be nimble and flexible in hiring, creating a faster hiring timeline . This ordinance also cleans up some language in the hiring process . The Administration Committee reviewed the changes and recommended moving this ordinance forward to the full City Council. Fiscal Information : There is no fiscal impact with this amendment. / BILL NO . 2022-057 SPONSORED BY Councilmember Wiseman ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING ARTICLE 4 , APPLICATIONS AND APPLICANTS, AND ARTICLE 5 , APPOINTMENTS , OF THE PERSONNEL POLICY MANUAL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The Personnel Policy Manual is amended as attached. Section ~· This Ordinance shall be in full force and effect from and after the date of its passag e and approval. Passed : ____________________ _ Approved : __________________ __ Presiding Offi ce r Mayor Carrie Te rgin ATTEST: APPROVED AS TO FORM : C ity C le rk ARTICLE 4. APPLICATIONS AND APPLICANTS Section 4-1. Recruitment. Notice of employment opportunities in the municipal service shall be published by posting announcements on official bulletin boardson the City’s website and in such other places as the director of human resources deems. advisable including, as appropriate, a newspaper in general circulation in Jefferson City, Missouri. Notice of all examinations for promotion shall be published by posting and other methods, but need not be published in any newspaper. The announcements shall specify the class title and salary range of the class for which the examination is announced; the nature of the work to be performed; the minimum qualifications required for the performance of the work of the class; the time, place, and manner of making application; the closing date for receiving applications; and other pertinent information. Section 4-2. Application form. All applications shall be made on forms prescribed by the City Administrator and shall be filed on or prior to the closing date specified in the announcement. Applications may require information concerning personal characteristics, education, experience, references, and other pertinent information. All applications shall be signed and the truth of the statements contained therein certified by such signature. The City Administrator shall require such proof of education, experience, and other claims as may be appropriate. Section 4-3. Disqualification. The City Administrator may refuse to examine an applicant, or, after examination, may disqualify such applicant, remove a name from an eligible list, refuse to interview an applicant, take steps to remove such person already appointed if the applicant or employee: (a) Does not meet the minimum qualifications established for the pertinent class. (b) Has a physical or mental disability such that the person is unable to perform the essential functions of the job. (c) Tests "positive" to pre-employment drug tests, is a user of narcotics or the habitual use of intoxicating liquors to excess. (d) Has made a false statement in his their application. (e) Has used or attempted to use political pressure or bribery to secure an advantage in the examinationprocess. (f) Has directly or indirectly obtained information regarding the examination process to which, as an applicant, he wasthey were not entitled. (g) Has failed to submit the application correctly or within the prescribed time limits. (h) Has taken part in the compilation, administration, or correction of the examination for which application was made. (i) Has previously been dismissed from a position in the municipal service or has resigned while (j) Has established an unsatisfactory employment or personnel record as evidenced by reference check of such a nature as to demonstrate unsuitability for employment. (k) Has taken for another or allowed another to take all or part of the an examination, or has been found cheating in any other way on an examination. (l) Has otherwise willfully violated the provisions of these rules. Applications, whether accepted or rejected, shall not be returned and shall remain on file for three years unless hired. Section 4-4. Disqualification by reason of police record. Employees and applicants may have their applications rejected or be subject to dismissal if a background check reveals conviction of a felony or misdemeanor related to the job. Section 4-5. Examinations. (a) Competitive examinations. Examinations shall relate to those matters which fairly test the aptitude, capacity, and fitness of the persons examined to perform the duties of the position sought after by them. Examinations may include written, oral, physical, or performance tests, or any combination of these. They may take into consideration such factors as education, experience, aptitude, knowledge, physical fitness, or any other qualifications or attributes which enter into the determination of the relative fitness of applicants. Promotional examinations shall be of kind and character similar to those for original appointment to the service. In addition to other factors, promotional examinations may take into consideration the quality and length of service where records are available to provide the basis for such rating. Section 4-6. Examination administration. Examinations shall be announced and held at times and places meeting the needs of the hiring department. The tests shall be conducted by persons designated by the City Administrator except that entry level and promotional examinations for sworn police positions shall be administered by the Police Personnel Board. Section 4-7. Rating of examinations. (a) Sound measurement techniques and procedures shall be used in rating the results of examinations and determining the relative standings of the competitors. In all examinations the minimum ratings by which eligibility may be achieved shall be set by the City Administrator. (b) When a rating of training and experience form a part of the examination, the City Administrator shall develop such procedures for the evaluation of these factors as will serve to assist in the selection of the best qualified candidates. These procedures shall take into consideration the quality, recency, and amount of experience, and the pertinence, quality, and amount of education. Section 4-8. Medical examinations. Employees must possess the prescribed standard of health and physical fitness necessary to perform the essential functions of their job. Medical examinations when required by the City shall be conducted at the City's expense by a physician designated by the City. The City will pay for the cost of the examination only. Any referral or additional charge outside the examination is the employee's responsibility. Section 4-9. Residence requirements. (a) Employee's residency. Residency may be considered when hiring or retaining employees if such residency affects the employee’s ability to perform all the responsibilities of the position, including but not limited to status as an on-call employee or required to respond to an emergency. The Department Director may adopt policies for residency to maximize the value of the individual positions. (b) All Department Directors shall be required to reside within the corporate boundaries within six (6) months of employment. Any employee who is promoted from within the organization who, prior to employment as a Department Director, had established residency outside the City limits, shall be exempted from this requirement contingent upon their moving within the city limits should that employee move from their established residence thereafter. Such exemption may also be granted to candidates for employment who are not hired from within if the Council believes it to be in the best interest to the City. (c) An extension of the six (6) month time limit established herein may be granted in unusual cases by the City Administrator, or Parks and Recreation Commission, as applicable. (d) Direct moving expenses of those persons appointed to be a Department Director shall be paid if they reside outside the City Limits at the time of appointment and move within the City Limits within six (6) months of appointment. Such payments must be approved by the city council. (e) Direct moving expenses may be paid for positions other than those listed above in paragraph (b) if a specific reason would justify such a payment. Such a payment must be approved by the city council and requires that the recipient move within the corporate limits of the City. ARTICLE 5. APPOINTMENTS Section 5-1. Appointments. Appointments to fill vacancies shall be made from a pool of qualified applicants who have appropriately applied from the notice of employment opportunities listed on the City’s website. Vacancies in positions which require the successful completion of examination(s) are filled from a pool of qualified applicants who have appropriately applied from the notice of employment opportunities listed on the City’s website and have successfully completed the examination(s.). Section 5-2. Appointment authority. The City Administrator shall be the appointing authority in all departments, except parks & recreation and the police department. The Parks and Recreation Commission is the appointing authority for the parks and recreation department and may delegate that authority to the Director of Parks and Recreation through formally adopted by-laws. Appointments to the police department are made by the Mayor and approved by the city council. Section 5-3. Appointment forms. No duly appointed employee may be placed on the payroll until all appointment forms have been properly signed by the City Administrator and pre-employment forms completed and signed by the employee. Section 5-4. Transfer. A position may be filled by transferring an employee from a position having the same maximum salary rate. Inter-departmental transfers must be approved by the requisitioning department and employee concerned. The relinquishing department may delay the transfer until the beginning of a pay period, but not for a period in excess of three (3) weeks. Section 5-5. Promotion/Demotion. A position may be filled by selection from qualified employees in another class having a lower/higher maximum salary range. Upon notification of a promotion/demotion, the relinquishing department may delay the promotion/demotion until the beginning of a pay period but not to exceed three (3) weeks. BILL SUMMARY BILL NO: 2022-047 SPONSOR: Councilmember Wiseman SUBJECT: Re-enacting City Code Relating to Financial Disclosures and Conflicts of Interest DATE INTRODUCED: August 1 . 2022 Staff Recommendation: Approve . Summary: Re-enacts the City Code relating to financial disclosures and conflicts of interest consistent with state law. Origin of Request: Law Department Department Responsible: Law Department PERSON RESPONSIBLE: Ryan Moehlman Background Information: A re-enacting ordinance must be provided to the Missouri Ethics Commission every two years . It was originally passed by the City Council on September 8, 2020 as Ordinance 16070. A copy of the disclosure needs to be filed with the City Clerk in addition to the Missouri Ethics Commission . Fiscal Information: None Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-047 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI RELATING TO ITS FINANCE DISCLOSURE POLICY AND CONFLICT OF INTEREST. WHEREAS, the City of Jefferson desires to re-enact regulations regarding its financial disclosure policy and conflicts of interest consistent with the requirement set forth in Section 105.457 RSMo. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 2 (ADMINISTRATION), Section 27 (FINANCIAL DISCLOSURE POLICY AND CONFLICTS OF INTEREST) is re-enacted as follows: A. Declaration of policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City. B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section: 1. Business entity: A corporation, association, firm, partnership, proprietorship, or business entity of any kind or character; 2. Substantial interest: Ownership by the individual or his spouse, or his dependent children, whether singularly or collectively, directly or indirectly, of ten percent or more of any business entity, or of an interest having a value of $10,000.00 or more, or the receipt by an individual or, his spouse, or his dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of $5,000.00, or more, per year from any individual partnership, organization or association within any calendar year. C. Conflicts of interest. No elected or appointed official who has a substantial interest concerning any business of the City shall participate in discussion with the City Council or any officer or official body of the City government. D. A Mayor or member of the City Council who has a substantial interest in any bill shall disclose on the records of the City Council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest. Editor’s note: Deleted language shown thus. Added language shown thus. E. No member of the City Council shall be permitted to vote for or against any ordinance appropriating money or for the allowance of any account or claim, or for the award or approval of any contract in which such member has a substantial interest, and any ordinance, resolution or motion, having passed by the vote of such interested member, shall be deemed illegal and of no effect. F. No employee of the City shall be engaged in or directly or indirectly connected with the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of plans or specifications thereof, for a project funded in whole or in part with City funds unless he is the owner of the building; nor shall any employee engage in any work which conflicts with his official duties or with the interests of the City. G. Disclosure reports. Each elected official, candidate for elective office, the City Administrator, the Director of Finance, and the City Attorney shall disclose the following information by May 1, or the appropriate deadline as referenced in RSMo § 105.487, if any such transactions occurred during the previous calendar year: 1. For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of $500.00, if any, that such person had with the City other than compensation received as an employee or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City. 2. The date and the identities of the parties to each transaction known to the person with a total value in excess of $500.00, if any, that any business entity in which such person had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City. 3. The City Administrator, Director of Finance, and candidates for either of these positions also shall disclose by May 1, or the appropriate deadline as referenced in RSMo § 105.487, the following information for the previous calendar year: a. The name and address of each of the employers of such person from whom income of $1,000.00 or more was received during the year covered by the statement; b. The name and address of each sole proprietorship that he owned; the name address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent or more of any class or outstanding stock, limited partnership units or other equity interests; J.£. The name and address of each corporation for which such person served in the capacity of a director, officer, or receiver. H. Filing of reports. I. The financial interest statements required by subsection G above shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year; a. Every person required to file a financial interest statement shall file the statement annually not later than May I and the statement shall cover the calendar year ending the immediately preceding December 3 I; provided that any member of the City Council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement. b. Each person appointed to office shall file the statement within 30 days of such appointment or employment covering the calendar year ending the previous December 3 1 ; c. Every candidate required to file a personal financial disclosure statement shall file no later than 14 days after the close of filing at which the candidate seeks nomination or election or nomination by caucus. The time period of this statement shall cover the twelve months prior to the closing date of filing for candidacy. 2. Financial disclosure reports giving the financial information required in subsection G shall be filed with the City Clerk and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours. (Ord. No. 11620, § 1, 8-20-91; Ord. No. 11959, § 1, 9-7-93; Ord. 12133, § 1, 8-15-94; Ord. 12321, § 1, 8- 7-95; Ord. No. 12641, §I, 8-4-97; Ord. No. 12789, § 1, 8-17-98; Ord. No. 12968, § 1, 8-16-99; Ord. No. 13081, § I, 7-17-2000; Ord. No. 13241, §I, 8-20-2001; Ord. No. 13923, § 1, 8-15-2005; Ord. No. 14829, § 2, 8-1-2011; Ord. No. 15264, § 3, 5-29-20 14; Ord. No. 16070 , § 1, 9-8-2020) Section ~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: --------------------------Approved: __________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Editor's note: Deleted language shown tOOs. Added language BILL SUMMARY BILL NO : 2022-048 SPONSOR: Councilmember Fitzwater SUBJECT: Vacation of Atchison Court DATE INTRODUCED: August 1. 2022 DEPARTMENT DIRECTOR(S ): ___ --1'-4~~'--'"--'~~(.:..__ ______ _ Staff Recommendation: Approve. Summary: When approved , this item will authorize the vacation of Atchison Court. Origin of Request: Public Works Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P .E./David Bange , P.E. Background Information: The right-of-way for what was to become Atchison Court appears to have been created from a subdivision of Outlot 31 . The street served as access to a number of individual properties ; however, over the last decade Lincoln University acquired all of the properties along this street and all but one building has been demolished. At this time, the street serves that building and as an entrance to an additional Lincoln University parking lot. Given that this street only serves properties and buildings owned by Lincoln University, it would be appropriate for the University to have control over this street. The status of this street was discussed at the July 2022 Public Works and Planning Committee where its vacation was endorsed by the Committee. Fiscal Information: The City will be responsible for the recording fee of the vacation document. BILL NO. 2022-048 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY OF ATCHISON COURT. WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that City Staff have recommended the City Council to vacate the right-of-way of said Atchison Court; and WHEREAS, it has further been shown that it would not inconvenience the public or the citizens of the City to discontinue the right-of-way for public use as described in Section 1 of this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Council of the City of Jefferson, Missouri, hereby declares it necessary, reasonable and proper to discontinue as right-of-way and forever vacate the following described right-of-way in said City: A part of Outlot 31 in the City of Jefferson, as described in Deed Book 30, Page 492, of the Cole County Recorder's Office. More particularly described in Attachment A. Section ,g. All of that portion of the above vacated property is hereby retained as a perpetual easement or right-of-way for the construction, maintenance, repair, relocation and operation of sanitary sewers, surface water drainage, and all public utility facilities, and no permanent buildings or structures shall be located within or upon said easement without the prior written consent of the City. Section ~. The statutory right of reversion in the owners of the abutting property is hereby confirmed, as is provided by the laws of the State of Missouri, and the Mayor and the Clerk of the City are hereby authorized to execute all necessary instruments required to confirm the reversionary rights of the owners of property abutting on the area vacated, as described in Section 1 of this ordinance, subject to the easement retained in Section 2. Section ~. This Ordinance shall take effect and be in full force from and after its passage. Passed: __________ _ Approved: _________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Ci~ Attachment ‘A’ PART OF OUTLOT 31 IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, AS DESCRIBED IN DEED BOOK 30, PAGE 492, OF THE COLE COUNTY RECORDER’S OFFICE, COLE COUNTY, MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF A 30 FEET AND 9 INCHES WIDE ROADWAY EASEMENT DESCRIBED IN SAID DEED BOOK 30, PAGE 492 AND KNOWN AS ATCHISON COURT OF SAID OUTLOT 31 AND LYING FROM THE NORTHERLY RIGHT-OF-WAY LINE OF ATCHISON STREET IN A NORTHEASTERLY DIRECTION TO THE POINT OF TERMINATION. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BILL SUMMARY BILL NO: 2022-049 SPONSOR: Councilmember Wiseman SUBJECT: Amending the Environmental Quality Commission Members Section to Reduce the Number of Members DATE INTRODUCED: August 1, 2022 DEPARTMENT DIRECTOR(S):.....,...-----+-.r------:---------- CITY ADMINISTRATOR:____,~.l.:::::::.~:::::::...._---+-....,fA.~:::u;z..~;L__-------- Staff Recommendation: Approve. Summary: Amending Chapter 7 , Article II , Section 12 , of the City Code relating to members of the Environmental Quality Commission . Origin of Request: Environmental Quality Commission Department Responsible: Law PERSON RESPONSIBLE: RYAN MOEHLMAN Background Information: This Ordinance amends Chapter 7, Article II , Section 12 , of the City Code by reducing the member size of the Environmental Quality Commission from nine (9) members to seven (7) members . The Environmental Quality Commission has had continued difficulty reaching a quorum for their meetings due to the large size of membership. Reducing the membership to seven members will allow for the Environmental Quality Commission to continue meeting regularly and achieve the Commission 's desired goals . Fiscal Information: None at this time . BILL NO. 2022-049 SPONSORED BY Councilmember Wiseman ORDINANCE NO.-------- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE ENVIRONMENTAL QUALITY COMMISSION MEMBERS SECTION TO REDUCE THE NUMBER OF MEMBERS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 7 (Boards and Commissions) Section 7-12 (Members [Environmental Quality Commission]) is amended as follows: Sec. 7-603. Members. A. Composition. The commission shall consist of HiRe seven (7) with education or experience from various areas, such as education, transportation, technology, public health, faith/spiritual, business, health care, social service, economic development, recreation and urban planning. Of the flffie seven (7) members, the Parks and Recreation Commission shall appoint one staff or Commission member to serve as a voting member. B. Ex-officio. A non-voting staff member from each of the departments of Parks, Recreation & Forestry and Planning & Protective Services shall serve as ex-officio members to promote coordination among multiple City departments. C. Residency. At least StW-eR five (5) members shall be residents of the City of Jefferson; a maximum of two members may reside outside the City. D. Terms. Members shall be appointed for three (3) year staggered terms. E. Vacancies and successors. Any vacancies shall be filled by appointment and approval in like manner for the unexpired portion of the term. All members shall continue to serve until their successors have been appointed and qualified. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: -------------------------Approved: __________ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk City~ Editor's note: Deleted language shown tffils. Added language shown thus. BILL SUMMARY BILL NO: 2022-050 SPONSOR: Councilmember Fitzwater SUBJECT: Modifying Various Traffic Codes to Increase the Parking Time Limit and Parking Meter Rate for Capitol Avenue from the Capitol Building to Adams Street and the 100 Blocks of Madison Avenue and Jefferson Street DATE INTRODUCED: August 1, 2022 DEPARTMENT Dl RECTOR(S):_-+:....::!.lll:~~---=-=-+---=:;;:;;<::=-----­ CITY ADMINISTRATOR:----::o::;.::__ __ ____,~..::.=-____:_..;,.£-,.c..-..-------- Staff Recommendation: Approve . Summary: If approved, this would change the parking time limits and parking rates for the metered parking on Capitol Avenue from the Capitol Building to Adams Street as well as the 100 blocks of Madison Avenue and Jefferson Street. Origin of Request: Staff PERSON RESPONSIBLE: MATT MORASCH , P .E./Britt E. Smith P.E . Background information: At the request of the Public Works and Planning Committee, Staff was asked to develop a plan where time limits would be increased in the area of Capitol Avenue thereby permitting longer term parking in the area. This bill , if enacted, would permit all day parking on Capital Avenue from the Capitol Building to Adams Street as well as the 100 blocks of Jefferson Street and Madison Avenue. In addition, the parking rate for these areas would be increased to $1.00 per hour. The change would affect the time limit and/or rate of 145 parking spaces in the downtown area . The proposed parking rate would be comparable to the rate charged in the Madison Avenue Parking Garage. Additionally, Parking Staff would work with our current parking enforcement software provider to provide an app which would allow for mobile payments of metered parking charges throughout downtown . This issue was discussed at the July meeting of the Public Works and Planning committee and approval was recommended. After that meeting, Staff sent letters to each of the property owners in the area explaining the proposal. As of this writing, we’ve received one comment which is attached. Any additional feedback received will be provided to the City Council at a later date. Fiscal Information: It is difficult to predict the increase in parking revenue for this time change and rate increase. However, we believe the change could result in an increase in parking revenue between $40,000 and $60,000 per year. PUBLIC COMMENT ATTACHMENT Dear Britt Smith: I am the Executive Director of the Missouri Petroleum & Convenience Association (MPCA) located at 205 E. Capitol Avenue, JC, MO 65101. I am in receipt of your 7/15/22 letter outlining proposed changes to metered parking on certain blacks in downtown Jefferson City, MO. MPCA, which pays for several monthly parking spots in the public parking ramp located on the corner of Madison Street and E. Capitol Avenue, opposes these proposed changes for the following reasons and more: ►City leaders should incentivize concentrated parking in lots and ramps, and not on City streets. ►Street parking should be time limited and have frequent turnover which benefits impacted businesses, restaurants, stores, etc. ►10 hour metered street parking, which is essentially all day, will create gridlock on impacted blocks, especially during January through May when the Missouri Legislature is in Session. The bottom line is that MPCA believes this proposal is a solution in search of a problem, will end up benefitting only a handful of people seeking the change, and that the cons far outweigh the pros. Best, Ron Ronald J. Leone, Esq. Executive Director Missouri Petroleum & Convenience Association (MPCA) 205 East Capitol Avenue, Suite 200 • Jefferson City, MO 65101 | p: 573.635.7117, ext 160 | c: 573.864.5189 2023 PACEshow • February 9 & February 10 • Kansas City, MO www.PACEshow.com Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-050 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE PERTAINING TO PARKING TIME, FEES, AND PENALTIES BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 19-401 (Motor Vehicles and Traffic), Schedule N (Parking Meter Zones and Monthly Parking Fees), (b) (On-Street Locations) of the Code of the City of Jefferson, Missouri, is hereby amended by the modifying Schedule N as follows: Street Name Block Description Rate Per Hour Time Limit Capitol Ave, East 100 Both sides except for 2 spaces beginning at a point 30' east of the east curb of Jefferson St. for 40' $1.00 2 10 hours Capitol Ave, East 100 South side thereof, beginning 35' east of east curb of Jefferson St. for 40' (2 spaces). $0.50 1.00 2 10 hours Capitol Ave, East 100 South side thereof, the first 2 spaces immediately west of the west curb line of Madison Street. $0.50 1.00 30 minutes Capitol Ave, East 200 Both sides $0.25 1.00 2 10 hours Capitol Ave, East 300 Both sides $0.25 1.00 2 10 hours Capitol Ave, West 100 Both sides $0.50 1.00 2 10 hours Jefferson Street 100 Both sides extending south from the alley to Capitol Ave. $0.50 1.00 10 hours Madison Street 100 Both sides $0.25 1.00 4 10 hours Section 2. Paragraph 3 of Subsection G of Section 22-18 of Chapter 22 (PARKING, STOPPING AND STANDING) of the Code of the City of Jefferson, Missouri, is hereby amended by modifying Paragraph 3 to read as follows: Sec. 22-18. Metered parking. G. It shall be unlawful and a violation of this section for any person: 3. To park a vehicle in a metered space for a period of time in excess of that allowed by the parking meter. For parking meters with an indicated maximum time of 30 minutes or more or 4 hours or less, parking for longer than the indicated periods of time set forth in this Chapter between the hours of 8:00a.m. and 5:00p.m. on the same calendar day, within the same parking metered space or the same parking metered zone, is prohibited, nor shall a vehicle be parked within the same parking metered zone more than once per calendar day, except Sundays. A parking meter zone shall constitute both sides of the street for a distance of a city block, which is defined as 417'12 feet, or any city parking lot. Section~. Subsection A of Section 22-20 of Chapter 22 (PARKING, STOPPING AND STANDING) of the Code of the City of Jefferson, Missouri, is hereby amended by modifying Subsection A to read as follows": Sec. 22-20. Time limit zones. A. No driver of! vehicle shall park such vehicle on any roadway, designated by ordinance, longer than the prescribed time limit on the same calendar day, between the designated hours, except Sundays, nor shall a vehicle be parked within the same time limit zone, as determined on a block-by-block basis, more than once per calendar day, except Sundays. Section ~. Subsection E of Section 1-13 (General penalty: continuing violations.), Chapter 1 (GENERAL PROVISIONS) of the Code of the City of Jefferson, Missouri, is hereby amended by the modifying the table: Section Offense Fine (in$) 22-18 Expired meter (I 0-hour meter) ~ Ten Times {lOx} the Hourly Rate Plus $20.00 Section 1. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: --------------------------Approved: ________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Ci~ Editor's note: Deleted language shown tRtls. Added language shown thus. Correspondence Received Parking Bill 2022-050 1 Donaldson, Emily From:Smith, Britt Sent:Friday, August 5, 2022 9:37 AM To:Donaldson, Emily Subject:FW: Can’t attend tonight’s meeting, but more info More input on the parking issue. Britt E. Smith, P.E. F.NSPE Operations Division Director Jefferson City Public Works 573-634-6450 bsmith@jeffersoncitymo.gov From: Laura A. Ward <wardsinjeffcity@mchsi.com> Sent: Tuesday, August 2, 2022 11:02 AM To: Steve Spradlin <steveofashland@gmail.com> Cc: Fitzwater, Ron <RFitzwater@jeffersoncitymo.gov>; Lester, Mike <MikeLester@jeffersoncitymo.gov>; Smith, Britt <BSmith@jeffersoncitymo.gov> Subject: Re: Can’t attend tonight’s meeting, but more info Good morning, Thank you for the addition information. I'm sharing my apologies because unfortunately; I was not able to attend last night because my husband and I had to rush to St. Louis to be with his mom in the hospital. I watched the meeting on YouTube this morning and due to the comments shared by citizens in both the 200 and 300 blocks, this issue will go back to the Public Works Committee on August 11 at 7:30 a.m. There will be an opportunity for public comment at this time. I have copied Councilman Fitzwater on this communication as he is the sponsor of this bill and Chair of the Public Works Committee. Also copied are Councilman Lester, who also represents Ward 2, and Britt Smith, Operations Director of the Airport, Parking and Streets Division. Thank you, Laura Laura A. Ward 115 West Atchison Street Jefferson City, MO 65101 573-999-0915 From: "Steve Spradlin" <steveofashland@gmail.com> To: "Michael & Laura Ward" <WardsinJeffCity@mchsi.com>, "Steve Spradlin" <steveofashland@gmail.com> Sent: Monday, August 1, 2022 3:03:38 PM Subject: Can’t attend tonight’s meeting, but more info 2 Hi, Laura. I'm sorry, but I won't be able to attend the meeting tonight afterall. Luckily, you have relayed my previous email into the record. I did put a few more notes together that you can please share with the other councilpersons. Many of these comments pertain not only to my own customers’ needs, but to the customers for the other businesses on 200E block of E Capitol. EXISTING METERED STREET PARKING (showing number of regular and handicapped spaces) 200E - 21 reg, 2 hc 100E - 25 reg, 2 hc 100W - 4 reg, 2 hc A total of 50 regular metered spots and 6 handicapped metered spots - that is a LOT of current metered spaces for city residents that will no longer have street spaces available when the City agrees to allow full day parking (for Capitol reps and senators??). show who actually parks there. GENERAL COMMENTS Metered parking is a necessary service to citizens and businesses of JC that supports businesses of the City Provides accessibility, convenience and safety to citizens Removal of that service will hurt or destroy local businesses in the downtown area affected. Income the City receives from metered parking should be used to maintain that parking service to the citizens, along with inc that violate parking rules. Citizens pay for City services - available parking in the downtown area for all that want to park should be made available...50 existing spaces should not be given away to others. Even if all spots in the 200E block are not filled by by all day parkers, the cost of the City meters needs to be equitable to City street parking elsewhere in downtown. ACCESSIBILITY (related to my massage therapy business on E Capitol) Customers need street level access. Most customers are coming because of a pain issue. Some clients park need handicap parking that is in front of my office I myself often have to pay to park in front of my own office for 2 hours because of the need to enter at street level. SAFETY (related to my massage therapy business on E Capitol) Currently, safety is not a concern because of the on-street parking with great visibility and well lit. Most female clients would not feel safe coming in via a back entrance with no visibility. OTHER PARKING OPTIONS (related to my massage therapy business on E Capitol) Other than the City garage, there are no alternate parking options where a client can enter through the front entrance and at If all day parking is allowed, the parking garage will probably be full because of displaced street parkers. All client sessions are scheduled in advance. So customers must have availability of immediate parking spots along E Capitol Capitol politicians who are parking all day. 3 The current 2 hour maximum metered parking is perfect because my customers need no less than 2 hours parking time…even if they have to pay 50 cents. My business and others in the 200 E block should not be singled out to suffer. SUGGESTION Leave parking as is east of Madison IN THE 200E block where there are several businesses with customers that need street parking throughout the day. Do the all day parking WEST of Monroe only! There are MANY parking spots between there and the Capitol and NO ADJACENT PRIVAT BUSINESSES THAT WILL SUFFER. Thanks, Laura! ReplyForward 1 Donaldson, Emily From:Smith, Britt Sent:Monday, August 1, 2022 7:15 PM To:Donaldson, Emily; Morasch, Matt Subject:Fwd: Parking changes on E. Capital Avenue Britt E. Smith, P.E Begin forwarded message: From: "Griffin, Tia" <tgriffin@jeffersoncitymo.gov> Date: August 1, 2022 at 5:19:38 PM EDT To: "Smith, Britt" <bsmith@jeffersoncitymo.gov> Subject: FW: Parking changes on E. Capital Avenue See below From: shelnel47@embarqmail.com <shelnel47@embarqmail.com> Sent: Monday, August 01, 2022 4:01 PM To: Griffin, Tia <tgriffin@jeffersoncitymo.gov> Subject: Parking changes on E. Capital Avenue Dear Sir or Madem, The proposed increases for metered parking on E. Capital Avenue by the United Methodist Church will make it more difficult for persons who are visiting the church, especially during the work week. Many people make quick visits to the church for meetings and practical matters and are finished in less than an half hour. Currently the turnover in those parking slots is high enough to accommodate many visitors during a morning or afternoon. Increaseing the cost and changing the unit of time to use the meters will complicate comings and goings at the church. This is especially true since there is no church parking lot and few alternative nearby slots. Also, $1 to pay for a slot is a lot for low income people who come to the church during the work week. Please take advise from citizens who are freqently in the area. Thank you. Sheila Murphy Sent from Mail for Windows 1 Donaldson, Emily From:Smith, Britt Sent:Monday, August 1, 2022 7:15 PM To:Donaldson, Emily; Morasch, Matt Subject:Fwd: Parking around JCFUMC change Britt E. Smith, P.E Begin forwarded message: From: "Griffin, Tia" <tgriffin@jeffersoncitymo.gov> Date: August 1, 2022 at 5:19:12 PM EDT To: "Smith, Britt" <bsmith@jeffersoncitymo.gov> Subject: FW: Parking around JCFUMC change See below From: lindabartley45@gmail.com <lindabartley45@gmail.com> Sent: Monday, August 01, 2022 3:18 PM To: Griffin, Tia <tgriffin@jeffersoncitymo.gov> Subject: Parking around JCFUMC change I would like to respectfully request that consideration be given concerning the planned change to increase the parking to $1 per hour around JCFUMC. In addition to our regular services, funerals, & weddings we have several community organizations meeting at our church. We are committed to helping our neighbors through various JC organizations. Thank you, Linda Bartley Virus-free. www.avast.com 1 Donaldson, Emily From:Smith, Britt Sent:Monday, August 1, 2022 7:14 PM To:Donaldson, Emily; Morasch, Matt Subject:Fwd: Parking Meter fee increase Britt E. Smith, P.E Begin forwarded message: From: "Griffin, Tia" <tgriffin@jeffersoncitymo.gov> Date: August 1, 2022 at 5:18:34 PM EDT To: "Smith, Britt" <bsmith@jeffersoncitymo.gov> Subject: FW: Parking Meter fee increase See Below From: Karen Taylor <ktaylor@jcfumc.org> Sent: Monday, August 01, 2022 3:01 PM To: Griffin, Tia <tgriffin@jeffersoncitymo.gov> Subject: Parking Meter fee increase The proposal to increase the meter rate from a quarter an hour to a dollar an hour will be detrimental to our ministry at First United Methodist Church. We do a lot for the community by offering space for meetings, hosting community events, etc. at no charge. The increase in parking fees will be a challenge for those who are often donating their time to serve others in the community. The increase in fees will create more challenges for access to our building than the current 2-hour time frame causes. I hope the City Council seriously reconsiders this increase. Sincerely, Karen Taylor Rev. Karen Taylor Pastor of Mission and Discipleship First United Methodist-Jefferson City 573-635-6886 Downtown Jefferson City PO Box 652 Jefferson City, MO 65102 573-291-3524 Dear City Council Members, The Downtown Association would like to communicate our support of the downtown parking meter change. As we have communicated previously, parking in Downtown Jefferson City continues to be a pain point, and we are always looking for new ways to address it for our community. Studies that have been done throughout the years support the need for more parking, and as business owners, employees, and community members who spend a lot of time Downtown, we see the need firsthand. Our thriving downtown is a paramount component of Jefferson City's quality of life. Downtown provides a central gathering place for entertainment, civic life and commerce. Downtown is a focal point for our city's identity and pride, attracting visitors and projecting a healthy community image. Additionally, we would like to see a renewed discussion on the parking garage situation in downtown. The dollars generated from those visiting and doing business in downtown generate economic growth and future success for our central business district and our Capital City as we encourage people to shop, dine and entertain locally. Addressing the parking issues in downtown is not just for right now. It ensures continued success of this vital component of our community by providing the needed infrastructure as our community grows. By utilizing funds that are collected through parking fees and fines, our community can make a drastic improvement to an area of town without an additional impact to the city budget. Thank you for your consideration, Downtown Association Board of Directors Natalie Newville, President Mark Leesman, Treasurer Angela Nale, Secretary Sheila Smith, Past President Lauren Moscato Justin Duren Gus Wagner Matt Green Cara Alexander Stark Donaldson, EmilyFrom:Sent:To:Subject:Follow Up Flag:Flag Status:Smith, BrittMonday, August 1, 2022 3:01 PMDonaldson, Emily; Morasch, MattFwd: Parking Meters on Capitol AvenueFollow upFlaggedFYI.Britt E. Smith, P.EBegin forwarded message:From: "Griffin, Tia" <tgriffin(5)jeffersoncitvmo.gov>Date: August 1, 2022 at 3:52:05 PM EDTTo: "Smith, Britt" <bsmith@jeffersoncitymo.gov>Subject: FW: Parking Meters on Capitol AvenueSee below.From: Kay Stuefer <kaystuefer@gmail.com>Sent: Monday, August 01, 2022 2:14 PMTo: Griffin, Tia <tgriffin@jeffersoncitymo.gov>Subject: Parking Meters on Capitol AvenueI oppose the increase of $1 per hour and 10 hour meters on Capitol Avenue. As a member and volunteerof the First United Methodist Church I am often at the church during daytime hours. As you know, we donot have our own parking lot as other churches in the area do. Therefore I ( and many others) park onCapitol Avenue while we are working/volunteering at the church. The increase would mean we wouldhave to pay $1 for each hour we are there or even $1 if we need to run into the church for 10-15minutes.Kay Stuefer Donaldson, EmilyFrom: Smith, BrittSent: Monday, August 1, 2022 3:00 PMTo: Donaldson, Emily; Morasch, MattSubject: Fwd: Capitol Avenue parking metersFYI.Britt E. Smith, P.EBegin forwarded message:From: "Griffin, Tia" <tgrlffin(S)jeffersoncitymo.gov>Date: August 1, 2022 at 3:51:43 PM EOTTo: "Smith, Britt" <bsmith@jeffersoncitymo.gov>Subject: FW: Capitol Avenue parking metersSee below.From: ANN & BILL<amwemaxwel@cs.com>Sent: Monday, August 01, 2022 1:56 PMTo: Griffin, Tia <tgriffin@jeffersoncitymo.gov>Subject: Capitol Avenue parking metersYour recommendation to increase the time allowed on parking meters in the 300 blockof E. Capitol and raise the rate to $1 an hour with be a huge determent for those who goto the First Methodist Church on the corner of Monroe and E. Capitol. We have NOPARKING LOT for the members of our church in which to park during a weekday. Thiswill cause great harm for those needing to attend meetings, services, and otheractivities relating to the life of our church. It is not beneficial to the church to require ourmembers to pay $1 an hour for any attendance at church activities during theweek. Please consider NOT making these parking meter rate changes on CapitolAvenue by our church. It would be helpful to allow for longer time to park, but theadditional cost is not worth it.Thank you for your consideration of this request.Ann Maxwell Donaldson, Emily From: Sent: To: Subject: Donaldson, Emily Thursday, July 28, 2022 1 :35 PM Donaldson, Emily FW: Concern regarding possible change to meter parking on E Capitol Ave. From: "Steve Spradlin" <steveofashland@gmail.com> To: "Michael & Laura Ward" <WardsinJeffCity@mchsi.com> Sent: Thursday, July 28, 2022 10:41:28 AM Subject: Concern regarding possible change to meter parking on E Capitol Ave. 1 Hi, Laura. My name is Steve Spradlin. My wife Claudia and I live at 1700 W Main St, Jefferson City, MO and I also own and operate the successful massage therapy business 11 1t's a Great Day", located at 227 E. Capitol Ave. just west of Monroe St., and adjacent to the little private lot for the Farmers Insurance building. (My website, fyi, is www.itsagreatday-massagetherapy.com ). As I mentioned in my text to you, I was unable to get access to email you directly via the City's website. I tried, but never was able to get into the site's email software to send you a message ... and the City does not list the email addresses for any of the Council persons. Phone numbers are provided ... hopefully the City can please add the actual email addresses. Laura, I am very concerned about a new issue regarding parking in the immediate vicinity of my business that the City is considering. I know from past experience that having the support of a City Councilperson acting as a benefactor and representative is both powerful and positive in communicating a citizen's concerns to City officials during the decision making process so that a mutually beneficial outcome is achieved. So I respectfully request your assistance in this matter, Laurar Yesterday morning on local talk radio station 104.5, it was mentioned that the City is considering changing the existing 2 hour maximum parking meters on E. Capitol to 10 hour maximum parking; and also raising the parking fee to $1.00 per hour. If the 200 E block of E. Capitol (Madison to Monroe) in which my business is located is included in the region of E Capitol where the City is considering making this change, I am extremely concerned that such a change would very likely have a devastating effect on my business -for which my clients depend solely on available and affordable E Capitol street parking for access to my office while they come generally for 2 hour (or longer) time periods for the massage therapy service and incidental necessary communication while at my office. Mine is a customer service business that has customers throughout the day and evening, and for which immediate, available and affordable street parking at any time of the work day is necessary. However, if the City is considering ONLY the 100 E block for this change (Jefferson to Madison) AND in front of the MoDOT office on Capitol Ave west of Jefferson St., then I would not be concerned. I think that would be a great idea for that limited location due to the immediate proximity to State office buildings as well as the Capitol Building where employees, lobbyists and others needing to occasionally park long term would. most benefit; and other adjacent private businesses (such as mine) that are in the 200 E block between Madison and Monroe would not see a devastating impact because their own customers could still be assured of finding immediate street parking in front of those businesses. As a business owner licensed with the City at this location for over 4 years, I am really the only business on E. Capitol in the downtown area that has customers continually throughout the day, customers who all require access from E. Capitol Ave, who must be able to find available and immediately-adjacent parking at ANY time of the day for their scheduled sessions, and who also need to park at the meters affordably for a FULL 2 hours in order to receive the services provided by my massage therapy business. The current parking situation on the 200 E block of E Capitol provides exactly that, and I have taught all my clients about how to schedule massage sessions so that they will be able to park at the meters in front of my office without getting a ticket. Many of my clients schedule 2 hour sessions, so they have to park at the extended time parking meters on Monroe or Madison (north of E Capitol). Otherwise they are forced to park in the City garage (if parking there is available) and pay much higher prices. Otherwise they come at 3:00 or after so they can pay the meter until it becomes free at 5:00. The critical issue is that my customers all have appointments that are scheduled in advance (no walk-ins) and they must be able to find immediate, available and affordable parking at my 227 E Capitol o~ce l~catio~ in order to be on time for their scheduled appointment. Currently, that provision ex1sts w1th park1ng meters and costs as it now is with the 2 hours maximum per day/block restriction ... at 25 cents per hour. I selected my office address 4 years ago because of the downtown location. Even though my 3 customers all have to pay a reasonable parking fee at the meter in order to obtain my services, they all know that they will always be able to find immediate and available affordable parking! Currently in the 200 E block of E Capitol, the parking situation for my customers is perfect. Again, my concern is if metered locations along the 200 E block of E Capitol are changed to allow long term parking, I know that those places WILL become filled by all-day parkers, and people coming to my business will find that the City has purposely eliminated all available City short-term parking in support of long-term parking (blocking potential customers from my business because they can't find short-term parking nearby). All other parking in my vicinity are strictly-enforced private lots. Even the small Farmers Insurance lot adjacent to my office is not available for parking for my single customers because the lot usage is restricted to others in addition to Farmers Insurance's own allocated spaces. There is also no guarantee that any one of my scheduled customers would be able to find parking in the City garage at any particular time of day. That situation HAS happened before with some of my clients. If that were to happen in the future with my customers and metered parking places near my office are filled by all-day parkers because of the City's decision to allow that, then it would not be fair for the City to just say "too bad" if that decision were made in spite of concerns raised by my own City-licensed business whose success or failure can be determined by that decision. Each year my own business in particular is seriously impacted financially by numerous City-imposed "no parking for special event", or the several day street closures near my office for the Salute to America in which the entire carnival is set up in front of my office and there is NO parking for several days for my customers in the vicinity during the period until all carnival equipment is gone. I lose a lot of customers during those times and get no income as a result. My income is customer-based, and my customers come throughout the day and evening; so if there is no parking, then I can't have customers or income. The City does not allow massage therapists to "work remotely" from home, as some of the other general offices along E Capitol might be able to do, so my ability to make business income is entirely dependent upon the City's responsibility to ensure reasonable parking availability for customers that wish to use my business. It is also important that parking needs for my individual business not be ignored as my business is overlooked for the other extended street closures and special event parking closures. At least, those events are temporary ... but a change to the general parking policy is permanent. I will mention that although there is a narrow parking lot behind my building, it is in all aspects unsuitable for use by my clients-for a multitude of reasons regarding customer accessibility, restricted access via the rear entrances, safety concerns, unusability during winter events, lot too narrow for unfamiliar drivers entering/backing out of the lot between parked vehicles, frequent utility work in that area, and many other reasons. It is strictly usable only for building tenants who live there-but not suitable for customers. I find the rear parking arrangement so generally unusable that I myself rent monthly parking in the City garage. Often, I also need to park at a meter in front of my office for 2 hours so that I can move things in/out of my office. I pay 50 cents to be able to do that in front of my own office. Many of my clients have accessibility issues and need to use the handicap metered parking immediately in front of my office. In short, my customers require parking and entrance from E Capitol. Another option the City might consider is leaving parking meter arrangements in the 200 E block of E Capitol as they presently are, but increase the fines significantly for parking meter violations. I occasionally see some expensive vehicles parked all day in front of my office with no money in the meter at all ... also sometimes see parking tickets littering the street. Apparently those people don't care. Increased fines would bring in maybe as much or more income than increased parking rates on E Capitol? Thank you for letting me share my concerns with you, Laura! I am sure there is a great solution that will be beneficial both to my own business and customers and also for the City. I am hoping you will relay and support my concerns with the appropriate City officials and ask that they recognize that my business is located there and depends on customers being able to easily and affordably park in front of my office on E Capitol. I know that your own action as a benefactor will create great results. A similar situation happened in 2019 regarding parking on W Main in front of my own home where 4 the City had intended to eliminate all street parking in front of my home, creating a huge restriction and inconvenience for us. As a retired engineer with MoDOT, I expressed my concerns and presented options, but it appeared that the City was not going to make any concession for our benefit until our Councilman at the time, Rick Mihalevich, interceded during the public works meeting at which I was unsuccessfully presenting "my case", and by his involvement and recommendation was able to arrive at an agreement with the City for one of my options at that time. Very impressive~ I am confident that your assistance can get great results too! If there is anything I can do to assist you, or extra info you would like, please let me know. Thank you, Laura! Steve Spradlin (816) 872-5605 (call or text) home: 1700 W. Main, JCMO business: It's a Great Day LLC, 227 E Capitol Ave, JCMO (same phone) email: steveofashland@gmail.com 5 LAW OFFICES BRYDON, SWEARENGEN & ENGLAND DAVID V.G . BRYDON {1937·2012) JAMES C. SWEARENGEN (Retired) WILLIAM R. EN GLAND, Ill JOHNNY K. RlCHARDSON CHARLES E. SMARR DEAN L. COOPER GREGORY C. MITCHELL Jefferson City Co uncil AITN: Britt E. Smith, P.E . Department of Public Works 320 E. McCarty St. Jefferson City, MO 65 101 PROFESSIONAL CORPORATION 312 EAST CAPITOL AV ENUE P.O. BOX 456 JEFFERSON CITY, MI SSO URI 65102·0456 TELEPHONE {573) 635·7166 FACSIMI LE (573) 635 ·0427 Jul y 26, 2022 BRIAN T. MCCARTNEY SCOTT A. HAMBLIN JAMIE J. COX ERIN L. WlSEMAN STEPHEN A. REHAGEN JENNIFER L. HERNANDEZ JESSE W. CRAIG MIKJNZI {KINZI) C. HARV IS Re: Proposed Increase in Parking Time Limit for Parking Meters To Whom It M ay Concern: I am o ne of the owne rs of the Hammond Building located a t 3 12 East Capitol Avenue, Jefferson C it y, Missouri . I have received co rre spo ndence from th e C ity of Jeffers o n regard ing a proposa l to in crease the parking time limi t from th e c urre nt 2 or 4 hours to 10 ho urs for parkin g meters located in th e 3 00 E. Capito l Ave. bl ock. Please be adv ised th a t I, and the other owne rs of th e Hammond Building, are opposed to thi s proposal. The H a mmo nd Building houses several bu s inesses, primari ly a law office, w hi ch has transient v is it s from clients and other m e mbers of th e public. We are concerned that increasin g the parking time limi t to 10 hours wi ll enco urage employees of other bus in esses to monopo lize th e on-street parking, m aking it more difficult for clie nt s a nd other members of th e public to co nveniently access our offi ces. If yo u have a ny questions regardin g our pos iti on or wou ld li ke to di scu ss more thoroughl y, yo u can contac t m e at th e above address or te lephone numbe r . Sincerely, w~kri WRE/aw ~[Ermreowrerm lJU JUL 2 8 202 2 ~ By Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-050 SUBSTITUTE SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE PERTAINING TO PARKING TIME, FEES, AND PENALTIES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 19-401 (Motor Vehicles and Traffic), Schedule N (Parking Meter Zones and Monthly Parking Fees), (b) (On-Street Locations) of the Code of the City of Jefferson, Missouri, is hereby amended by the modifying Schedule N as follows: Street Name Block Description Rate Per Hour Time Limit Capitol Ave, East 100 Both sides except for 2 spaces beginning at a point 30' east of the east curb of Jefferson St. for 40' $1.00 2 10 hours Capitol Ave, East 100 South side thereof, beginning 35' east of east curb of Jefferson St. for 40' (2 spaces). $0.50 1.00 2 10 hours Capitol Ave, East 100 South side thereof, the first 2 spaces immediately west of the west curb line of Madison Street. $0.50 1.00 30 minutes Capitol Ave, West 100 Both sides $0.50 1.00 2 10 hours Jefferson Street 100 Both sides extending south from the alley to Capitol Ave. $0.50 1.00 10 hours Madison Street 100 Both sides $0.25 1.00 4 10 hours Section 2. Paragraph 3 of Subsection G of Section 22-18 of Chapter 22 (PARKING, STOPPING AND STANDING) of the Code of the City of Jefferson, Missouri, is hereby amended by modifying Paragraph 3 to read as follows: Sec. 22-18. Metered parking. G. It shall be unlawful and a violation of this section for any person: 3. To park a vehicle in a metered space for a period of time in excess of that allowed by the parking meter. For parking meters with an indicated maximum time of 30 minutes or more or 4 hours or less, parking for longer than the indicated periods of time set forth in this Chapter between the hours of 8:00 a.m. and 5:00 p.m. on the same calendar day, within the same parking metered space or the same parking metered zone, is prohibited, nor shall a vehicle be parked Editor’s note: Deleted language shown thus. Added language shown thus. within the same parking metered zone more than once per calendar day, except Sundays. A parking meter zone shall constitute both sides of the street for a distance of a city block, which is defined as 417½ feet, or any city parking lot. Section 2. Subsection A of Section 22-20 of Chapter 22 (PARKING, STOPPING AND STANDING) of the Code of the City of Jefferson, Missouri, is hereby amended by modifying Subsection A to read as follows”: Sec. 22-20. Time limit zones. A. No driver of a vehicle shall park such vehicle on any roadway, designated by ordinance, longer than the prescribed time limit on the same calendar day, between the designated hours, except Sundays, nor shall a vehicle be parked within the same time limit zone, as determined on a block-by-block basis, more than once per calendar day, except Sundays. Section 3. Subsection E of Section 1-13 (General penalty; continuing violations.), Chapter 1 (GENERAL PROVISIONS) of the Code of the City of Jefferson, Missouri, is hereby amended by the modif ying the table: Section Offense Fine (in $) 22-18 Expired meter (10-hour meter) $12.00 Ten Times (10x) the Hourly Rate Plus $20.00 Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Attorney BILL SUMMARY BILL NO: 2022-051 SPONSOR: Councilmember Hensley SUBJECT: Temporarily Waiving the Requirement for City Council Approval for Grant Applications that Require $25 ,000 or More of City Matching Funds DATE INTRODUCED: August 1, 2022 Staff Recommendation: Approve. Summary: This bill would temporarily waive, for a period of six months , the requirement for City Council approval for grant applications that requ ire $25 ,000 or more of City matching funds. Origin of Request: Various City Departments Department Responsible: Law PERSON RESPONSIBLE: RYAN MOEHLMAN Background Information: With the availability of many more grant opportunities , Staff is requesting that the requirement for City Council approval , when applying for grants that require $25,000 or more in City matching funds , be waived for a period of six months . Some application periods for granting opportunities have a short window, making the requirement of City Council approval difficult. Grant acceptance by City Council once an award has been made would be still required. BILL NO . 2022-051 SPONSORED BY Councilmember Hensley ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , TEMPORARILY WAIVING THE REQUIREMENT FOR CITY COUNCIL APPROVAL FOR GRANT APPLICATIONS THAT REQUIRE $25 ,000 OR MORE OF CITY MATCHING FUNDS . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. The requirement of City Code § 2-28(A) that "prior to application for any grant that requires the City to contribute matching funds of $25,000 .00 or more , the Council shall approve by resolution the grant application filed on behalf of the City" is hereby waived for a period ending February 1, 2023. Nothing herein shall affect the requirements of City Code§ 2-28(B) regarding acceptance of grants . Section 1. This waiver may be extended for an additional period of up to six (6) months by motion of the City Council. Section~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ----------------Approved : ___________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Cit~ RESOLUTION SUMMARY RESOLUTION NO: RS2022-19 SPONSOR: Councilmember Schreiber SUBJECT: Continuing Joint Jefferson City Fire Department/Cole County EMS Operations Under a Temporary Memorandum of Understanding for the Remainder of 2022 DATE INTRODUCED: August 15. 2022 DEPARTMENT DIRECTOR(S): ____ ~~-~-=-......:::,-----+------ CITY ADMINISTRATOR-.:::· ~~=-----r--~~,r-------------- Staff Recommendation: Staff reco23 ends continuing joint Jefferson City Fire Department/Cole County EMS Operations under a temporary Memorandum of Understanding (MOU) for the remainder of 2022 for the following reasons: • Cole County EMS and Jefferson City Fire Department continue to function in the field under the current agreement. • At this point in 2022 , we will need to revisit the agreement again for 2023 in the next couple of months . • This e xtension continues to al low the new EMS Chief time to get established in Cole County and gain context on important issues impacting future MOU . Summary: Staff recommends continuing joint operations under a temporary MOU through December 31 , 2022, with the intent of developing an updated MOU in 2023 . Origin of Request: Fire Department Responsible: Fire PERSON RESPONSIBLE: MATTHEW SCHOFIELD Background Information: Since 1997, the Jefferson City Fire Department has provided a First Responder Program at the EMT-BLS (Emergency Medical Technician -Basic Life Support) level. This initiative has received broad community support and was originally implemented with the full cooperation with Capital Region Medical Center's ALS (Advanced Life Support) Ambulance transport service . The Fire Department is uniquely positioned to respond quickly to location s inside the City and offer exceptional patient care through BLS pre-hospital care and further supporting ALS and transport activities in critical situations. Since its inception , the Fire Department First Responder Program has positively impacted thousands of lives in our community . medical services (EMS) and pre-hospital care to the citizens of Cole County, located within the city limits of the City of Jefferson. As part of this agreement, Cole County has traditionally remunerated the City in the amount of $25,000 (1/2 the allotted amount to first responders county-wide). While this dollar amount will not cover all expenses associated with the Fire Department’s EMS program, it does offset some of the costs of the initiative. Fire-based First Responder programs are considered best practice nationwide and provide excellent customer service to our community. Fiscal Information: Cole County has traditionally compensated the City in the amount of $25,000 annually for these services. RESOLUTION RS2022-19 Sponsor: Councilmember Sc hreib er A RESOLUTION AUTHORIZING CONTINUATION OF JOINT JEFFERSON CITY FIRE DEPARTMENT/COLE COUNTY EMS OPERATIONS UNDER A TEMPORARY MEMORANDUM OF UNDERSTANDING WHEREAS, the City agrees to continue joint Jefferson City Fire DepartmenUCo le County EMS operations through Decembe r 3 1 , 2022, under a temporary Memorandum of Understanding (MOU). WHEREAS , the MOU shall be substantially the same i n form and content as the MOU attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the Council of the City of Jefferson, Missouri hereby, agrees to continue joint Jefferson City Fire DepartmenUCo le County EMS functions through December 31, 2022 under a temporary MOU . Adopted this 151h day of August , 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City ~ COLE COUNTY AND CITY OF JEFFERSON EMERGENCY MEDICAL SERVICES MEMORANDUM OF UNDERSTANDING This Agreement is entered into this 2nd day of August 2022, by and between the County of Cole, (hereinafter "County") and the City of Jefferson City, (hereinafter "City"). WITNESSETH: WHEREAS, the City has and continues to provide emergency medical response to citizens of Cole County. WHEREAS, the County operates Cole County Emergency Medical Services (hereinafter "EMS") and desires the assistance of the City to aid EMS in responding to medical emergencies in Cole County. NOW, THEREFORE, the Parties in consideration of the foregoing recitals and the mutual covenants and promises contained herein, hereby agree as follows: 1. TERM OF AGREEMENT: The term of this agreement shall be from August 2, 2022, through December 31, 2022. 2. OBLIGATION OF COUNTY: The County will provide to the City an amount consisting of one-half of the County Commission's annual appropriation for First Responders from the County EMS Sales Tax. This amount for the current fiscal year is $25,000. 3. OBLIGATION OF CITY: The City will provide first responder medical response to the public inside the City limits. 4. MEDICAL DIRECTION: To ensure continuity of care, the City shall retain Dr. Joshua Stilley as its medical director. In the event the County separates from the services of Dr. Stilley, the County and City will perform a joint recruitment for a new medical director. 5. INSURANCE: The City shall maintain adequate liability, workers compensation, and accident and health insurance. 6. INDEMNIFICATION: Each party (the "Indemnifying Party") shall defend, indemnify and hold the other party and its trustees, directors, officers, employees, agents, and representatives (the "Indemnified Party") harmless from and against, any and all losses, costs, claims, demands, liabilities, damages, fines and penalties, including but not limited to those relating to investigations, actions, suits, proceedings and hearings and reasonable attorneys' fees and costs (collectively, "Damages") arising out of, related to, or 1 caused by (i) any act of gross negligence or willful misconduct committed by officers, directors, agents, representatives or employees of the Indemnifying Party during the term of this Agreement, or (ii) any breach of, or failure of performance under, this Agreement; provided, however, that Damages shall not include any amount resulting from the Indemnified Party's (A) act of gross negligence or willful misconduct, or (B) breach of, or failure of performance under, this Agreement. Nothing herein shall be deemed a waiver of either party's sovereign immunity. 7. EMERGENCY DRIVING PROVISION: Upon request from a Cole County EMS employee, JCFD personnel may, when practical, provide a vehicle operator and/or an additional patient attendant to assist in the delivery of pre- hospital patient care. This procedure will only be utilized in situations where patient care would substantially benefit from supplemental personnel providing medical assistance in the back of the ambulance, by either another CCEMS or JCFD employee. Any vehicle operator provided by JCFD shall possess the appropriate driver's license to operate the ambulance; and any additional patient attendant provided by J CFD shall have the appropriate certification( s) or license(s) to provide the patient care extended by the JCFD supplemental personnel. To ensure Fire Department personnel are properly trained, proficient and sufficiently capable, all uniformed JCFD personnel will participate in annual ambulance driving training and skills evaluation. Additionally, JCFD will receive additional familiarization with supporting EMS patient care operations while transporting patients to definitive care. When JCFD personnel are acting as a vehicle operator or an additional patient care attendant at the request of a Cole County EMS Paramedic, JCFD personnel shall be covered by liability and automobile liability insurance policies provided by CCEMS as if such JCFD personnel were personnel of CCEMS, provided JCFD and CCEMS shall cover claims under workers compensation law, applicable time and wage laws, and other applicable employment law which may be made by their respective employees. If any city or county employee tests positive for a controlled substance and/or alcohol, fails to operate with due regard and/or in a reckless manner, as determined by the Missouri State Highway Patrol (MSHP) or other investigative agency, or a court of law, his/her agency would be fully liable. The Missouri State Highway Patrol (MSHP) will be requested to conduct all accident investigations involving any accident that results in injury to any person or any accident with significant damages to property other than CCEMS or JCFD. 2 8. MEDICAL SUPPLY REPLENISHMENT: EMS agrees to provide JCFD replacement of any single-use disposable medical supply utilized during the treatment of a patient within Cole County, or in which Cole County EMS is the primary treating agency. 9. TRAINING: CCEMS will collaborate with JCFD to ensure comprehensive training for all staff. JCFD employees are encouraged to attend any medical training offered by CCEMS for their respective level of licensure. Costs related to training courses provided by CCEMS, including instructor time and supplies, will be provided by CCEMS. In the event of a training course provided by a third-party, the student shall obtain authorization for attendance from their respective department prior to attending the training and the student's employer shall be responsible for any fees associated with attendance. J CFD is also authorized to provide their own internal medical training. If JCFD wishes to issue CEUs through the CCEMS Training Entity, JCFD must be an approved sub-training entity of CCEMS. 10. PERSONAL PROTECTIVE EQUIPMENT: The City of Jefferson shall defend, indemnify and hold Cole County, and its trustees, directors, officers, employees, agents, and representatives (the "Indemnified Party") harmless from and against, any and all losses, costs, claims, demands, liabilities, damages, fines and penalties, including but not limited to those relating to investigations, actions, suits, proceedings and hearings and reasonable attorneys' fees and costs (collectively, "Damages") arising out of, related to, any personal protective equipment provided by Cole County to any trustees, directors, officers, employees, agents, or representative of the City of Jefferson. Nothing herein shall be deemed a waiver of either party's sovereign immunity. 11. AUTHORIZATION TO ASSIST WITH ADVANCED LIFE SUPPORT CARE: Cole County EMS agrees to extend the rights and privileges to JCFD to assist in providing advanced life support care to patients once EMS arrives on scene and is located in such a position as to provide appropriate medical oversight of the care being assisted by JCFD personnel. Prior to EMS arrival, JCFD may provide basic life support care. All care provided and/or assisted with shall be in accordance with the level of state licensure the individual holds, and the Medical Director approved treatment protocols of Cole County EMS. Cole County EMS shall be the agency having treatment/transport jurisdiction for EMS related calls, this does not preclude JCFD from responding to any emergency call they deem necessary within the City of Jefferson. 12. STATUS AS INDEPENDENT CONTRACTOR: It is expressly acknowledged the parties hereto are independent contractors, and no partnership, joint venture, agency, or any other arrangement is established. 3 13. TERMINATION AND SUSPENSION: In the event the City and County shall mutually agree in writing, this Agreement may be terminated on the terms and dates stipulated therein. 14. ASSIGNMENT: No assignment of this Agreement or the rights and obligations hereunder shall be valid without the specific written consent of both parties hereto. 15. WAIVER OF BREACH: The waiver by either party of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of the same or other provisions hereof. 16. ENTIRE AGREEMENT: This Agreement supersedes all previous contracts and agreements and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be recognized unless incorporated herein by amendment, such amendment(s) to become effective on the date stipulated herein. 4 This Agreement shall be binding upon the parties hereto, their successors and asstgns. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals as of the date above first written. COUNTY OF COLE CITY OF JEFFERSON CITY By: ____________________ __ Sam Bushman Presiding Commissioner Title: --------------------- Attest:~~ County Clerk CERTIFICATION OF AUDITOR I do hereby certify that there is a balance otherwise unencumbered 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 made, each sufficient to meet the obligation incurred to the City of Jefferson City. Date: 8 h I"?-z- County Auditor fO , 7-Z-OC) I o'?f?' 5