HomeMy Public PortalAboutORD14033 BILL NO. 2005-171
• SPONSORED BY Councilman Dean Martin
ORDINANCE NO. 11-193 3
AN ORDINANCE OF THE CITY OF JEFFERSON TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION PROVIDING FOR GRANT REIMBURSEMENT
FUNDING OF COSTS ASSOCIATED WITH DESIGN OF A PARTIAL PARALLEL TAXIWAY
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 on behalf of the City
of Jefferson an agreement with the Missouri Highway and Transportation Commission
substantially in the form of the attached Exhibit A providing for grant funds for reimbursement
of costs associated with design of a partial parallel taxiway at the Jefferson City Memorial
Airport. Said agreement shall also obligate the city to provide a 10% matching contribution.
Section 2. This Ordinance shall be in full force and effect from and after the date of
Its passage and approval.
• Passed: G( 7� /�� Approved:
Pre i" ng Officer f/Mayor
ATTEA T: AP OV A/S T�O FORM:
CC UII
City Clerk City Counselor
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CCO Form: AC1 Sponsor: City of Jefferson
• Approved: 02/94 (MLH) Project No.: AIR 066-40B
Revised: 01/06 (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:
• Design partial parallel taxiways
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 $182,408.00; 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 $20,267.00. 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.
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• (4) PROJECT TIME PERIOD: The project period shall be from the date of
execution of this Agreement by the Commission to March 31, 2007, 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, at 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.
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. (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
may be required.
(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.
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• (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.
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• (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.
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• IN WITNESS WHEREOF, the parties have entered Into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this 9 day of 206L.
Executed by the Commission this Y day of 20-2,6
MISS O URI HIGHWAYS AND
TRANSPORTATION COMMISSION
CI�-r�D�
By B
Title /',l(L ,At-"4141 O/,i. -D�. Title�j�
Attest: ; S pr well
• By
Title ( Leif
ApprGVed as to Fo :
Title C t!;f cawr"41—
Ordinance/Resolution No. m03
f:lmotavlatlonlacl airport aid for capital Improvement(federel).doc
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