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Home My Public Portal AboutORD14443 BILL NO. 2008-95 • SPONSORED BY COUNCILMAN,: Penfold ORDINANCE NO. 14 L 4-5 AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR ASSISTANCE WITH OPERATING EXPENSES FOR THE AIR TRAFFIC CONTROL TOWER AT THE JEFFERSON CITY MEMORIAL AIRPORT FOR THE PERIOD OF NOVEMBER 1, 2008 THROUGH OCTOBER 31, 2009. 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 Grant Agreement with the Missouri Highways and Transportation Commission to provide assistance with operating expenses for the Air Traffic Control Tower at the Jefferson City Memorial Airport for the period of November 1, 2008 through October 31, 2009. 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: z Ap roved 9 Pr siding fficer ayo LIZ ATTEST: APPR ED A T FORM: a"Wz4t�i ClerW City Counselor • -1- 9 CCO Form: AC21 City of Jefferson Approved: 1/99 (RMH) Project No. AIR 096-40B Revised: 10/08 (AMB) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and the City of Jefferson (hereinafter, "City"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the City for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the Jefferson City Memorial Airport (hereinafter, "Airport") pursuant to section 305.230 RSMo, and to set forth the conditions upon which the assistance will be provided. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: (1) SCOPE OF WORK: The City agrees to operate the Tower in accordance with all rules and regulations of the Federal Aviation Administration and applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the City up to Forty Thousand dollars ($40,000.00); provided, however, that in the event that state funds available to the Commission under section 305.230 RSMo are reduced so that the Commission is unable to completely satisfy its obligations to all Cities for the current state fiscal year, the Commission may recompute and reduce this grant. 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 to operate the Tower during the period of November 1, 2008 to October 31, 2009. The release of all funding under this Agreement is subject to the Commission's review and approval of all project expenses to ensure that they are qualifying expenses under this program. (3) AMOUNT OF MATCHING FUNDS: The City shall furnish Forty Thousand dollars ($40,000.00) in local matching funds. The City warrants to the Commission that it has sufficient cash on deposit to provide the local matching funds to complete the project. (4) PERFORMANCE OF AGREEMENT: The City shall immediately notify the Commission in writing of any condition or event which may significantly affect its ability to perform the activities in accordance with the provisions of the Agreement. . (5) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The City shall submit to the Commission such data, reports, documents, and other information relating to the operation of the Tower as the Commission may require at any time. (B) The City must maintain all records relating to this Agreement, including, but not limited to, invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees and representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (6) THIRD PARTY CONTRACTS: (A) Prior to execution by either party, the City shall submit to the Commission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the contractors or subcontractor of the City or any other person not a party to this Agreement in connection with the performance of this project without specific written consent of the Commission. 7 PAYMENTS: (A) Timing of Payments: The Commission's payments to the City will be made on a quarterly basis. The Commission will provide a reimbursement form to be completed by the City when requesting funds. (B) Limitations on Commission Contribution: Funds made available to the Commission and the City are subject to appropriations made by the General Assembly. (8) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the City, the Commission reserves the right to suspend or terminate all or part of the financial assistance herein provided if the City is, or has been, in violation of any of the terms of this Agreement. (9) COMMISSION'S REPRESENTATIVE: The Commission's 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 act on behalf of the Commission in furtherance of the performance of the Agreement. 2 (10) INDEMNIFICATION: The City 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 City's performance of its obligations under this Agreement. (11) NONDISCRIMINATION CLAUSE: The City shall comply with all state and federal statutes applicable to the City relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (12) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (13) 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 respecting its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (14) NONSOLICITATION: The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for the City, 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, contingency upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in 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. (15) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the City and the Commission. [Remainder of Page Intentionally Left Blank] 3 IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by the City this 9—dayof �\�-�-� • , 20� 0 . Executed by the Commission this day of 20(. MISSOURI HIGHWAYS AND TRAN PORTATION COMMISSION CITY OF JEFFERSON B Y Title Chief Engirmw Attest: Attest: Secretary to the Commission Title Approved as to Form: 4W14jw /�� a4AP pp Ap d as orm. Commission Counsel Title C �Ou,V�S e I o Ordinance No. T -t 4