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Home My WebLink AboutRES.2268.04-16-2007 i � CCO Form: HS2 Award name/number: BPC-10-10-Z Approved: 01/05 (BDG) Award year: 2007 Revised: Modified: 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 City of Cape Girardeau, (hereinafter referred to as , "CITY"); !NlTNESSETH: 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 fegai 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 I .� � 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 V!I of the Civ;l 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, ef seq.). (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 th�ee (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/��day of , , 20�_. Executed by the Commission this,�day o < r 20 � , � MISSOURI HIGHWAYS AND T NSPORTATION C MMISSION CiTi' c7F E GIRARDEAU By A�+��,.s� Title:/District Engineer Title `a��"Y1Q,a�[�Q ,^ ♦� � � EST: O `" � � � � �� °-��. �� ' ; r� ;- ;; �� ' _ / '�f n�- �.�� ` tle ( � (� P ��_ � �._ - 2osoi�t��k �_.�_ A�elt�a�ee No. �a(n c� 3 r � BILL NO. 07-70 RESOLUTION NO. ��(oQ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT AID AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR AIRFIELD SIGNAGE AT THE CAPE GIRARDEAU REGIONAL AIRPORT 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 an Airport Aid Agreement with the Missouri Highways and Transportation Commission for airfield signage at the Cape Girardeau Regional Airport . A copy of said Agreement is attached to this Resolution and made a part hereof . SSED AND ADOPTED THIS �� DAY OF /-�..aw�� _, 20�_. $ �I' �_�______._.— '" 4 �I�� l� � �� : � p . Knudtson, Mayor �,,� x��j ti � * �':�s1�. Gayle . Conrad, City Clerk � r � � REC�IVED . � . MAY 1 0 20Q� MU�TIMODAL, OPE�ATIQNS CCO Form: AC1 Sponsor City of Cape Girardeau Approved: 02/94 (MLH) Project No. AIR 076-77A1 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 Cape Girardeau ("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 March 24, 2006, and specifically described as follows: Replace airfield signage 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 $111,447.00; 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 $12,383.00. 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- r � • (4) PROJECT TIME PERIOD: The project period shall be from the date of execution of this Agreement by the Commission to December 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, 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 -2- progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made. (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 10 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 -3- 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. (C) Land Cost Reimbursement by Federal Government Use as Local Share Onlv: 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. -4- (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. (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- `, �.L° F rt , 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 11 Z . Executed by the Commission this_��f��day of__��,a ____, 20�� . � MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION f��T��F P��s��2��'Io �� BY—L�� --- BY— � — Title _��___�____ Title��,��e�__ � �1�.�� '� � est: 0 � r� � ��_ �,�(p,d//�� E�� '`1� ,� '� J\ - � ..w�-�s:.._ .,...,_..�_.,�._. �.. J �./ #T.t' f:: _' ` ��t�@��----- - �� ,r; .-_ � T Appr ve as to F rm: _ 1 G i//��iG� Title: � ___�__ � 9refinarrr�S/Resolution No. �_ f:�mo\aviationlac1 airport aid for capital improvement(federal).doc -6-