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HomeMy Public PortalAboutORD14949 BILL NO. 2011-171 SPONSORED BY COUNCILMAN �� ; Schulte ORDINANCE NO. I4-`/ `t`l AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PROVIDING AIR TRAFFIC CONTROL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute a Cost Share Agreement with the Federal Aviation Administration for Air Traffic Control Services at the Jefferson City Memorial Airport. Section 2. This agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:L � J�, l 2, Approved- Presiding Off' er Mayor ATTEST: APPROVED AS TO FORM: Cify Clerk I`rfterim City Counselor COST SHARING AGREEMENT THIS AGREEMENT made October 1. 2011, by and between Jefferson City Memorial Airport and the Federal Aviation Administration ("FAA"). WHEREAS, The Airport Authority wishes to participate in the FAA's Contract Tower Cost Sharing Program (the"Program"), and The FAA has performed a benefit/cost study relating to the feasibility of placing air traffic control services at Jefferson City Memorial Airport, an airport operated and Controlled by the Airport Authority, and The.FAA and the Airport Authority have agreed that, as a result of the outcome of the benefit/cost study,the Airport Authority is eligible to participate in the Program, and The Airport Authority has entered into an agreement(the"Service Agreement") with Midwest ATC_Services(the "Contractor"),Whereby among other things,the Airport Authority agreed to pay the Contractor$6,588 per month for air traffic services at said airport,all as more fully described in the said agreement. NOW THEREFORE, Pursuant to the authority granted in 49 U.S.C. 106(1)and the Department of Transportation Appropriations Act for Fiscal Year 1999, and in consideration of the terms, conditions and covenants set forth herein, it is mutually agreed as follows: a) The Airport Authority shall promptly and timely satisfy its obligations under the Service Agreement, including the payments described above. The parties further agree the terms and Conditions of the parties' cost sharing allocations and payments became effective October 1,2011. b) Upon notification, by any means, that the Airport Authority/City Council/County Commission is in arrears on its payments to the Contractor,the FAA will provide written notice and begin to remove all air traffic control services at the subject airport. Upon such removal, the Airport Authority/City Council/County Commission will not be eligible for further participation in the Program. The continued operation of air traffic control services by the Contractor at the airport,after notification of arrearage to the FAA, shall not be construed as a waiver by the FAA of any of its rights under this agreement. C) Airport Authority/City Council shall reimburse the FAA. including interest calculated as per FARMS Clause 3.3.1-9 (April, 1996), for all sums paid by the FAA to the Contractor for services provided by the Contractor to the Airport Authority/City COST SHARE AGREEMENT- Con't Page 2 Council/County Commission on and after the date the Airport Authority/City Council/County Commission went into arrears. d) The parties agree that the payment to the contractor will be adjusted when the Department of Labor wage rates are determined. e) The parties agree that if the FAA Contract Tower benefit/cost analysis demonstrates a change in the applicable benefit-to-cost ratio,the parties may renegotiate this agreement. f) Execution of this Agreement does not constitute a commitment by the FAA to provide air traffic control services, via contract or otherwise,to said airport. This Agreement is subject to the laws and regulations of the United States, as are in force and effect now, or as may be in the future Airport Autho ' Federal Aviation Administration By: By: Ma r ontracting Officer ff 1 � Dated �f" —1 " r � Dated: APPROVED AS TO FORM: y Counselor