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HomeMy Public PortalAboutORD14868 BILL NO. 2011-84 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. 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: i>' , �. ,� �� Approved: 10117111 re iding 0 ' r Mayor r` ATTEST: APPROVED AS TO FORM: 'C'ity Clerk interim City Counselor -1- I q 6f4? COST SHARING AGREEMENT THIS AGREEMENT made this 1st day of October 2010. by and between Jefferson City Airport and the Federal Aviation Administration (FAA). WHEREAS, The Airport Authority wishes to participate in the FAA's Federal Contract Tower Cost Sharing Program (the "Progranr"). and The FAA has performed a benefit/cost study relating to the feasibility of placing air traffic control services at Williamsport-Lvcoming Regional 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 (Contractor), whereby among other things. the Airport Authority agreed to pay the Contractor 56,405.66 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 tertius. 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 panics' cost sharing allocations and payments became effective October 1, 2010. h) Upon notification, by any means, that the City Council is more than thirty days 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 will not he 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 shall reimburse the FAA, including interest calculated as per FAAMS 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 on and after the date the Airport Authority went into arrears. COST SHARING AGREEMENT -Con't Page 2 d) The panics agree that the payment to the contractor will be adjusted when the FY 10 DOL wage rates are determined. e) The parties agree that if the Federal Contract Tower benefit/cost analysis demonstrates a change in the applicable benefit-to-cost ratio. the panics may renegotiate this agreement. 11 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 Authority Fedi'ral Aviation Adm nistratyon i t By: By:/ ��i'� (lr:� 1ikr � Contracting Officer esAr Title Dated: Ithin, .By: t)1?-� / '- FAA Contract Tower anWeather Group Program Manager �u_ l Dated: APPROVEDAS TO FORM: Coucselot