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Home My WebLink AboutRES.2266.04-16-2007 . f, BILL NO. 07-68 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A BLUEPRINT FOR SAFER ROADWAYS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURCHASE OF RADAR UNITS FOR THE CAPE GIRARDEAU POLICE DEPARTMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Blueprint for Safer Roadways Program Agreement with the Missouri Highways and Transportation Commission for the purchase of radar units for the Cape Girardeau Police Department . A copy of said Agreement is attached to this Resolution and made a part hereof . ,�•�--� PASSED AND ADOPTED THIS �� DAY OF , 20� t4 � �� o � G--•,,�""''" ,y, O J . Knudtson, Mayor i� � ��T�s •1� ��,,_ * � ��. Gayle Conrad, City Clerk .,.. �,., . CCO Form: HS2 Award name/number: BPC-10-10-Z Approved: 01/05 (BDG) Award year: 2007 Revised: __ _ -��- Modified: R��I��D �� ?��,� MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BLUEPRINT FOR SAFER ROADWAYS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the Citv of Cape Girardeau, (hereinafter referred to as , "CITY"); WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The Commission has authorized State Road Funds to be used to support regional Blueprint for Roadway Safety activities. The purpose of this Agreement is to grant the use of such State Road Funds to the CITY. (2) ACTIVITY: The State Road Funds, which are the subject of this Agreement, will support the following activity to further Missouri's Blueprint for Roadway Safety: Provide reimbursement for the purchase of five (5) Stalker Radar Units at a price of$1,945 per unit. (3) INDEMNIFICATION: To the extent allowed by law, the CITY 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 CITY on the account of personal injury, bodily injury (including death), or property damage suffered as a result of the CITY performance under this Agreement, CITY assumes the obligation to save harmless 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 CITY 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 CITY 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. (4) 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 CITY''and the Commission. (5) COMMISSION REPRESENTATIVE: This Commission's District 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. (6) NONDISCRIMINATION CLAUSE: The CITY shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The CITY shall also 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, etseq.). (7) ASSIGNMENT: The CITY shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (8) 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 this Agreement. (9) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the CITY 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 CITY. (10) ACCESS TO RECORDS: The CITY and its Contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the CITY receives reimbursement of their final invoice from the Commission. (11) REIMBURSEMENT: With regard to work under this Agreement, the CITY agrees that funds to implement Blueprint activities shall only be available for reimbursement of eligible costs which have been incurred by CITY. The CITY shall supply to the Commission copies of all bid information; purchase orders; invoices; and name, date, hours worked, and rate of pay (on Program Agreements that include salaries). Any costs incurred by CITY prior to authorization and notification to proceed from the Commission are not reimbursable costs. The Commission shall not be responsible for any costs associated with the activity herein unless specifically identified in this Agreement or subsequent written amendments. The Commission shall not provide more than Nine Thousand Seven Hundred Twentv Five dollars ($ 9,725) for this Blueprint safety project. 2 (12) INSPECTION OF IMPROVEMENTS AND RECORDS: The CITY shall assure that representatives of the Commission shall have the privilege of inspecting and reviewing the work being performed per this Agreement. The CITY shall also maintain all financial documents, reports, papers and other evidence pertaining to costs incurred in connection with this Program Agreement, and make such materials readily available for review at reasonable times and at no charge during this Agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission or any authorized representatives of the State of Missouri; copies shall be furnished, upon request, to authorized representatives of the Commission or State. (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 regarding its alleged breach, shall be instituted only in the Circuit Court of Cole City, Missouri. (14) FINAL AUDIT: The Commission may, in its sole discretion, perForm a final audit of project costs. The CITY shall refund any overpayments as determined by the final audit. (15) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the CITY. (16) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the CITY this J�lay of , 20�. Executed by the Commission this �� day of ! � , 20 Q MISSOURI HIGHWAYS AND T SPORTATION M SSION CITY OF CAPE GIRARDEAU � � , By '' l�ssi5ra�i , Title:`District ngi er Title ��t-fc� t��}�nC�•Gc r �� ,4 �IAAi�� ATTEST: � "�G 4 � BY � � O �.�, � �:3 , � �`' � <� itle � � �°r� � �� v `��'�� *T: � i ��/,� �pS��ll�bb� /' 9r�+�e�.No. ��4 __ 3 M o�OT Southeast District 2675 North Main Street Missouri �� P.o. BoX ,so Sikeston, MO 63801 Department (573) 472-5333 Fax (573) 472-5342 Toll free 1-888 ASK MoDOT of Transportation www.modot.orp Mark Shelton, District Engineer April 25, 2007 Lt. John R. "Buddy" Davis City of Cape Girardeau Police Department 40 South Sprigg St. Cape Girardeau, MO 63703 Re: Agreement for Radar Units Project#BPC-10-10-Z Dear Lt. Davis: Enclosed you will find a copy of the fully executed Program Agreement for the above-mentioned project for your files. You may purchase the radar units as you proposed. We will need you to submit all reimbursement requests as soon as they can be submitted, preferably by June 1 S`but it's not a necessity. Each reimbursement request will need to be on the attached voucher form with a cover letter on City letterhead requesting reimbursement. Please reference the project number on all correspondence. We appreciate your partnership on this project. Should you have any questions, feel free to call me at(573)472-5264. Respectfully, �� Jay S. Lancaster, P.E. District Design Liaison Enclosure cc: Sharon Clack, Highway Safety, MoDOT Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous Missouri. �':Printed on recycled paper ' - � ' ` � = � �� t � � ��a� � � ��3 � �Q � ' 4<�� . �. 1 .. h-� * : � �' f E � )�E tF„�� Y ' � _.: ..; �: ,.�� r � � �g,� :t�� '� : . C : �� : , �._ .... , a� ,.� IST.�_ 5\�� g�"tr`�'� ' �'y�, s�.� �f � �w$ .� �. .� i � �A ��a. ..,� y., ��€ g � , . . . , . . ._ ,`».�, .. a .�� . . .� , �N . ,, _ . . . . . _ . _ , AGENCY: MAKE CHECK PAYABLE TO: ADDRESS: STATE VENDOR NUMBER: PERIOD OF CLAIM: FROM: TO: PROJECT ACTIVITY NUMBER: TITLE: CONTACT NAME: PHONE: EMAIL: PROJECT FINANCIAL SUMMARY CLAIMED FOR TOTAL PREVIOUSLY TOTAL CLAIMED THIS PERIOD VOUCHERED TO DATE I certify that, in accordance with the laws of the State of Missouri and under terms of the approved project, actual costs claimed have been incurred for the purposes as defined in the Program Agreement: Prepared By Title Date Project Director or Authorizing Official Title Date SUBMIT TO: Name(District Office Contact) MoDOT District Office District Office Address - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MODOT USE ONLY APPROVAL FOR PAYMENT BY DISTRICT ENGINEER OR DESIGNEE Signed: Title: Date: File: Original—MoDOT District B 8�B Copy—Highway Safety Division Office Rev 4/05