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HomeMy WebLinkAboutOrd.5077.05-07-2018 r . BILL NO. 18-64 ORDINANCE NO. 5011 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2 TO THE STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR DESIGN AND CONSTRUCTION OF THE RUNWAY 10/28 LIGHTING REHABILITATION PROJECT, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1 . The City Manager is hereby authorized and directed to execute, on behalf of the City, State Block Grant Agreement Amendment #2 to the State Block Grant Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission, for design and construction of the Runway 10/28 Lighting and Rehabilitation Project, Project No. 15-077A-1 . The City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Amendment shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2 . This Ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS day of 1411.4611 , 2018 . 1. V// Bob Fox, Mayor ATTEST: , tz \s,,,A • -41 i. L� •ti, ��'�a r� tu�ya 40 r Jy 4 f _p, 449,,e,,,,, 4. y City Clerk . J-}_ i L'z yk. L. Conrad ................ CCO Form: MO18 Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau Revised: 03/17 (MWH) Project No.: 15-077A-1 Modified: CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMENDMENT TO STATE BLOCK GRANT AGREEMENT AMENDMENT #2 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the parties entered into an Agreement executed by the Sponsor on February 26, 2016, and executed by the Commission on March 4, 2016, (hereinafter, "Original Agreement") under which the Commission granted the sum not to exceed Sixty -Five Four Hundred Thirty -Five Dollars ($65,435) to the Sponsor to assist with Design Runway 10/28 Lighting Rehabilitation; and WHEREAS, the parties entered into an Amendment #1 to the Original Agreement executed by the Sponsor on October 25, 2016, and executed by the Commission on November 4, 2016, (hereinafter, "Amendment #1") under which the Commission granted an additional sum not to exceed Six Hundred Forty -Eight Thousand Eight Hundred Sixty -One Dollars ($648,861) to the Sponsor to assist with Design and Construct Runway 10/28 Lighting Rehabilitation; and WHEREAS, the Commission previously approved funds for Design and Construct Runway 10/28 Lighting Rehabilitation; and WHEREAS, the level of funding originally approved is not sufficient to cover the costs associated with Design and Construct Runway 10/28 Lighting Rehabilitation. WHEREAS, the Commission has sufficient funds to increase the grant amount for Design and Construct Runway 10/28 Lighting Rehabilitation. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) ADDITIONAL GRANT: The Commission grants to the Sponsor an additional sum not to exceed Fifty -Two Thousand Seven Hundred Thirty -Five Dollars ($52,735) for Design and Construct Runway 10/28 Lighting Rehabilitation subject to the following conditions: (A) The Sponsor shall provide matching funds of not less than Two Thousand Seven Hundred Seventy -Six Dollars ($2,776) toward the project in addition to those previously committed by the Sponsor in the Original Agreement and Amendment #1. (B) The project will be carried out in accordance with the assurances (Exhibit 1) given by the Sponsor to the Commission as specified in this Amendment #2. (C) This Amendment shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant amendment has been executed by the Sponsor on or before June 1, 2018, or such subsequent date as may be prescribed in writing by the Commission. (D) Based upon the revised project schedule, the original project time period of November 30, 2017, will be extended to December 31, 2018, to allow for completion of the work. Paragraph (2) of the Original Agreement is hereby amended accordingly. (E) All other terms and conditions of the Original Agreement and Amendment #1 entered into between the parties shall remain in full force and effect. (2) REQUIRED FEDERAL PROVISIONS: The Sponsor shall incorporate all required federal contract provisions that apply to this Project in its contract documents. (3) EMPLOYEE PROTECTION FROM REPRISAL: (A) Prohibition of Reprisals - 1 . eprisals: 1. In accordance with 41 U.S.C. §4712, an employee of the Sponsor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in subparagraph (A)2, information that the employee reasonably believes is evidence of: use of Federal funds; safety; or a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; C. An abuse of authority relating to implementation or d. A substantial and specific danger to public health or 2 e. A violation of law, rule, or regulation related to a Federal grant. 2. The persons and bodies to which a disclosure by an employee is covered are as follows: committee of Congress; of a grant program; a. A member of Congress or a representative of a b. An Inspector General; C. The Government Accountability Office; d. A Federal office or employee responsible for oversight e. A court or grand jury; f. A management office of the Sponsor; or g. A Federal or State regulatory enforcement agency. (B) Submission of Complaint: A person who believes that they have been subjected to a reprisal prohibited by Paragraph (A) of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General for the U.S. Department of Transportation. (C) Time Limitation for Submittal of a Complaint: A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. (D) Required Actions of the Inspector General: Actions, limitations, and exceptions of the Inspector General's office are included under 41 U.S.C. §4712(b). (E) Assumption of Rights to Civil Remedy: Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c). {Remainder of Page Intentionally Left Blank} 3 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the Sponsor this day of , 20 Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF • • - - • RDEAU Be Title Title By Zgz/ ey' fr,v4 Secretary to the Commission Title l-p ,� �/ ij 714 , Approved as to Form: Approved as to Form: tt), (1fJmØivf Commission Counsel 67YTitle h7ne401 GIIIliB•• '''• Ordinance No. ' 1�J ll '' (if applicable) gl:t 11 of 19.E UNZO 4 CERTIFICATE OF SPONSOR'S ATTORNEY 1,0, \ C\C Ci\ \\c ting as attorney for the Sponsor do hereby certify that in my opinion the Spoor is empowered to enter into the foregoing grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official representative have been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. CITY OF CAPE GIRARDEAU W ERIC CIINNTNGHAM Na e of Sponsor's Attorney (typed) / V/0/0AORIV) Sign e o nsor's Attorney Date 05/09/18 5 APPENDIX STATE BLOCK GRANT AGREEMENT Purpose The purpose of this appendix is to provide the sponsors with sufficient information to carry out the terms of the state block grant agreement and implement their project. The key items are listed below and are available on the MoDOT website (http://www.modot.mo.gov/), the FAA website (http://www.faa.gov/index.cfm), the State Block Grant Program Guidance Handbook or other website as indicated.