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Home My Public Portal AboutORD14579 BILL NO. 2009-59 Passed as Amended SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. � NJ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY SETTING PROCEDURES FOR JOINT CITY AND COUNTY CAPITAL IMPROVEMENT SALES TAX PROJECTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Cole County regarding setting procedures for joint City and County Capital Improvement Sales Tax Projects. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / �� Approved•_ ////P iding Officer Mayor ATT�S" APP 'OVED A TO FORM: City Clerk City°Counselor I I AGREEMENT SETTING FORTH PROCEDURES FOR JOINT CITY AND COUNTY CAPITAL IMPROVEMENT SALES TAX PROJECTS THIS CONTRACT, made and entered into this LA"" day of November, 2009, by and between the City of Jefferson, hereinafter called "City" and the County of Cole, Missouri hereinafter called "County." 1. Capital Improvement Sales Tax Joint Projects. The following projects are identified as projects which shall be a part of the cooperative City/County projects that will utilize the Capital Improvement Sales Tax to fulfill the Parties'promises to the electorate. a. Cooperative Projects 1. MSP Redevelopment - includes improvements to Lafayette Street from East McCarty Street to State Street, the extension of Lafayette Street adjacent to the new Federal Court House, improvements to Capitol Avenue and State Street adjacent to Lafayette Street. County funds shall be used only for improvements to Lafayette Street from E. McCarty Street to and including the roundabout in front of the new Federal Courthouse. 2. East McCarty St. Improvements - shall include upgrading portions of East McCarty Street to three lanes between Eastland Drive and Missouri Highway 50/63, including improvements at the intersection of East McCarty Street and Eastland Drive. b. The City Director of Community Development and the County Director of Public Works, hereinafter called the Project Administrators, shall administer the projects. C. The City of Jefferson shall establish a separate special Joint City & County Cooperative Project Accounts for the administration one of these the projects. The County shall establish a separate special Joint City & County Cooperative Project Account for the administration of the other project. d. All project costs shall be paid by the joint account, except any"in house" services provided by the City or County. e. The Project Administrators shall follow normal City governmental purchasing and contracting procedures as adopted by the City. £ The Project Administrators shall jointly review the bids and recommend the lowest and best contracts to the Jefferson City Council and Cole County Commission for approval. The recommended bid shall be approved by the Cole County Commission prior to execution of a contract by the City of Jefferson for the contract administered by the City of Jefferson. The recommended bid shall be approved by the City of Jefferson prior to execution of a contract by the Cole County Commission for the contract administered by the City of Jefferson. g. Each party's financial contribution shall not exceed the amounts shown unless otherwise mutually agreed to. h. The Project Administrators shall erect informational signage for the duration of construction identifying the work as a "Joint City-County Capital Improvement Sales Tax Project." CADocuments and Settings\nnicko1aus.JCM0\Loca1 Settings\Temporary Internet Files\OLKI 19\Agreement City-County Coop Projects Ellinger Version(2).wpd 2. Project Periods. Both projects will be constructed during fiscal years 2010 and 2011, it being of primary importance that the MSP Redevelopment project be completed prior to the completion of the new federal court house. 3. Financial Contributions. In order to facilitate cash flow and insure the success of the projects, the parties agree that the projects will be funded according to the following schedule. a.a MSP Redevelopment. The first phase of the MSP Redevelopment project was completed in Fiscal Year 2008 at a final cost of$508,004.30. Construction of the second phase of the project shall begin in Fiscal Year 2010. The City shall forward a payment of $1,491,995.70 to the Joint City and County Project Account, to complete its $2,000,000 obligation, on or before January 30, 2010. The County shall fulfill its obligation by forwarding $2,000,000 to the Joint City and County Project Account on or before January 30, 2010. a.b East McCarty. Construction of the East McCarty Project shall begin in Fiscal Year 2010. The City and County shall each forward a first payment to the Joint City and County Project Account of $1,000,000 on or before January 30, 2010 and a second payment of$1,000,000 on or before January 30, 2011. a.c Any unexpected funds remaining in the Joint City & County Cooperative Project Account as well as interest accrued by the funds in Joint City & County Cooperative Accounts shall be apportioned to the City and County in direct proportion to the amount of funds deposited. Remaining funds and accrued interest shall be returned to the City and County at completion of each respective project. 4. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to City, notice shall be sent to the City Administrator at 320 East McCarty, Jefferson City, Missouri 65101. If to the County, notice shall be sent to the Cole County Commission at the Cole County Courthouse Annex, 311 East High Street, Room 200, Jefferson City, Missouri 65101. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. 5. Agreement Binding. This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 6. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. CADocuments and Settings\nnickolaus.JCMO\Local Settings\Temporary Internet Files\OLKI 19\Agreement City-County Coop Projects Ellinger Version(2).wpd IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed this 4"! day of K)0w snbqu' Executed this j ' day of 2009 2009 on behalf of the City of Jefferson, Missouri on behalf of t Commission of Cole County, 'f John Landwehr, Mayor Marc E Inge residing Co ssioner Attest: t Commiss 1.t ion uGtl3 . _ . QQ U D llis-Pawe1 , CI Clerk Lzr� Sc ua�man Conunissichler A r ve as to Attes Nd&n Nickolaus, City Counselor Coun Jerk Approved as to Form J 6i1' er�unty Counselor Approved: Lepage, o�l-e¢County Auditor 'I certify there is alartCe olOrwise 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 incurred h,i,p/5 SCI6!)rC% c� �i�tc�Y/HTjaN ti� a-G�IG /{ad /�ccouarta i 0 b-(CPV CY-YTI HIC4 l L) iN 20JO AFTPr1_� rl(11I Lc TroN C\Documents and Settings\nnickolaus.JCMO\Local Settings\Temporary Internet Files\OLK119\Agreement City-County Coop Projects Ettinger Version(2).wpd