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HomeMy Public PortalAboutORD14265 BILL NO. 2007-86 SPONSORED BY COUNCILMAN KLINDT ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT FOR STATE BLOCK GRANT PROJECT AIRE 086-40B FOR FUNDING CAPITAL IMPROVEMENT PROJECTS AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement with the Missouri Department of Transportation for State Block Grant Project AIRE 086-40B for funding capital improvement projects at the Jefferson City Memorial Airport. Section 2. The agreement shall be substantially the same in form and content as that amendment 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: 7 Approved:&F, ell Presi i Off'cer ayo ATTEST: APPR AS O FORM: 4 CI k City ounselor i�21�5 • CCO Form: AC1 Sponsor: City of Jefferson Approved: 02194 (MLH) Project No.: AIR 08640B Revised: 01106 (AR) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIRPORT AID AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission ("Commission") and the City of Jefferson ("Sponsor"). WITNESSETH: WHEREAS, the Sponsor has applied to the Commission for a grant of funds under§305.230 RSMo.; and WHEREAS, the Commission has agreed to award funds available under §305.230 RSMo. to the Sponsor with the understanding that such funds will be used for a project pursuant to this Agreement for the purposes generally described in the Sponsor's grant application/request dated February 14, 2005, and specifically described as follows: Taxiway lighting improvement and construct taxiway A-2 NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistance to the Sponsor under§305.230 RSMo. (2) AMOUNT OF GRANT: The amount of this grant is $118,128.00; provided, however, that in the event state funds available to the Commission under §305.230 RSMo. are reduced so that the Commission is incapable of completely satisfying its obligations to all the Sponsors 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. 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 off all project expenses to ensure that they are qualifying expenses under this program. (3) AMOUNT OF MATCHING FUNDS: The amount of local matching funds, and/or other resources, to be furnished by the Sponsor are $13,125.00. The Sponsor warrants to the Commission that it has sufficient cash on deposit, or other readily available resources, to provide the local matching funds to complete the project. -1- • (4) PROJECT TIME PERIOD: The project period shall be from the date of execution of this Agreement by the Commission to June 30, 2008. The Commission's representative may, in writing, extend the project time period for good cause as shown by the Sponsor. The grant funds in paragraph (2) not expended or duly obligated during the project time period shall be released for use in other projects under §305.230 RSMo. (5) DISPUTES: Any dispute of fact which might develop as a result of this Agreement shall be decided by the Commission. (6) INDEMNIFICATION: The Sponsor shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the Sponsor on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the Sponsor's performance under this Agreement, the Sponsor assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The Sponsor also agrees to hold harmless the Commission, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the Sponsor for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and • assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. (7) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Sponsor shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (8) NONDISCRIMINATION CLAUSE: The Sponsor shall comply with all state and federal statutes applicable to the Sponsor 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. §2000d and §2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). (9) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Sponsor with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (10) LACK OF PROGRESS: Any lack of progress which 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 solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made. -2- • (11) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the Commission of any change in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this Agreement. (12) PROJECT INSPECTION AND CHANGE ORDERS: The Sponsor shall provide and maintain competent and adequate engineering supervision and inspection at the project site to insure that the completed work conforms with the project plans and specifications. The Sponsor shall submit to the Commission, for prior approval, changes that alter the costs of the project, functional layout, or other characteristics of the plans and specifications. (13) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers, or other devices required for the safety of the public. All markers or devices required on the airport will conform to Federal Aviation Administration (FAA) regulations or specifications that may apply. It is also a responsibility of the Sponsor to issue, through the applicable FAA Flight Service Station, any and all Notices to Airmen (NOTAM's) that !j may be required. 4i (14) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the airport either as owner or as lessee for 20 years following receipt of the last payment from this grant. Applicable agreement periods are as follows: (A) Land interests -Twenty (20) years. (B) Improvements - Useful life as determined by the Commission. (15) LAND INTERESTS: When grant funds are used to pay for land or aviation easements, the following requirements apply: (A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a qualified attorney's title opinion 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 attorney's title opinion shall be furnished by the Sponsor to the Commission for review. The Sponsor shall acquire the property in fee simple absolute by general warranty deed from the grantors. A copy of the deed shall be furnished to the Commission for review. The Sponsor shall record the deed in the land records of the county recorder's office in the county where the airport is located. (B) Acquisition of Aviation 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 the grantors of easements • constituted all of the owners of the land affected by the easements. -3- • (C) Land Cost Reimbursement by Federal Government Use as Local Share Only: Since it is the intent of the state of Missouri that funds provided under this Agreement be used only for aeronautical purposes, the Sponsor hereby covenants and agrees that it will not request reimbursement from the United States Government for the cost of land acquired with the funds granted under this Agreement; provided, however, that nothing in this paragraph shall be construed to prevent the Sponsor from using all or any part of the acquisition cost of this land to make up its share of eligible project costs incurred under any airport development grant from the United States Government. (D) Aeronautical Use: If land interests are not used for aeronautical purposes within five (5) years, the Sponsor shall at the request of the Commission return the full amount of those grant funds used to purchase the land interests. The Sponsor may request an extension of this time period in writing to the Commission. (16) AIRPORT USE: The Sponsor agrees to operate the airport for the use and benefit of the public. The Sponsor further agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds and classes. (17) SAFE OPERATION OF AIRPORT: The Sponsor agrees to operate and maintain in a safe and serviceable condition the airport and all connected facilities which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States. The Sponsor further agrees that it will not permit any activity on the airport that would interfere with its safe use for airport purposes. Nothing contained in this Agreement shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, ice, or other climatic conditions interfere with safe operations. (18) AUDIT OF RECORDS: The Sponsor 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 or representatives during the period of this Agreement and any extension, and for three (3) years from the date of final payment made under this Agreement. (19) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor shall provide to the Commission a financial summary of the total funds expended. The summary must show the source of funds and the specific items for which they were expended. (20) OVERPAYMENT: If the Commission determines that the Sponsor was overpaid, the amount of overpayment shall be remitted to the Commission. (21). 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 representatives of the Sponsor and the Commission. -4- • (22) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (23) COMMISSION 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 this Agreement. (24) 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. (25) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission and information supplied by the Commission shall remain the property of the Commission. (26) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver, 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. • -5- f i • IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by the Sponsor this day of �` , 20 Executed by the Commission this day of �G%ter 20� MISSOURI HIGHWAYS AND r n TRANSPORTATION COMMISSION By By Title ldillh naoda� mss. 2)1 r Title t t 14 '4 aL Attest: By Title Approv4as For m Title Ordinance/Resolution No. f:\mo\aviation\acl airport aid for capital improvement(federal).doc -6- i RECENED OCT 10 2007 MULTIMODAL OPERATIONS