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HomeMy WebLinkAboutORD.2945.11-05-20015 r BILL NO. 2001-203 ORDINANCE NO. ; 5 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City of Cape Girardeau, Missouri, shall accept and execute the airport assistance agreement with the State Highway and Transportation Commission of Missouri, for an aviation operating assistance grant for the Cape Girardeau Regional Airport. ARTICLE 2. That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the airport assistance agreement. ARTICLE 3. That the City Manager is hereby authorized and directed to execute said airport assistance agreement in triplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest said execution. ARTICLE 4. That said airport assistance agreement provides for the granting of,financial assistance in the sum of One Hundred Twenty -Five Thousand Dollars ($125,00.00) in state funds to assist with the air traffic tower operation. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS r1 DAY OF �v � m� ,(' 20 t) ) ATTEST: Gay City Clerk i CCO FORM: AC21 Approved: 1/99 (RMH) Revised: Modified: City of Cape Girardeau Project No. AIR 026-77A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the City for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the Cape Girardeau Regional Airport (hereinafter, "Airport") and to set forth conditions upon which the assistance will be provided; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: (1) SCOPE OF WORK: The City agrees to operate Tower in accordance with all rules and regulations of the Federal Aviation Administration and applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the City up to One Hundred Twenty -Five Thousand dollars ($125,000) for direct costs to operate the Tower during period of July 1, 2001 to June 30, 2002. (3) PERFORMANCE OF AGREEMENT: The City shall immediately notify the Commission in writing of any condition or event which may significantly affect its ability to perform the activities in accordance with the provisions of the Agreement. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The City shall submit to the Commission such data, reports, documents, and other information relating to the operation of the Tower as the Commission may require at any time. (B) The Commission reserves the right to inspect and otherwise audit all records of the City to determine compliance with this agreement. Generally accepted auditing standards and the requirements of the Comptroller General of the United States "Government Auditing Standards" shall be used as the audit criteria. -1- (5) THIRD PARTY CONTRACTS: (A) Prior to execution by either party, the City shall submit to the Commission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the contractors or subcontractor of the City or any other person not a party to this agreement in connection with the performance of project without specific written consent of Commission. (6) PAYMENTS: (A) Timing of Payments: Commission payments to the City will be made on a quarterly basis. Commission will provide a reimbursement form to be completed by the City when requesting funds. (B) Limitations on Commission Contribution: Funds made available to the Commission and City are subject to appropriations made by the General Assembly. (7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the City, the Commission reserves the right to suspend or terminate all or part of the financial assistance herein provided the City is, or has been, in violation of any of the terms of this Agreement. (8) COMMISSION'S REPRESENTATIVE: The Commission's Director 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 the Agreement. (9) INDEMNIFICATION: 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, The City assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnity the Commission, including its agents, employees and assigns, from ever 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 the 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. -2- (10) MISSOURI 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, et seq.). (11) LAW OF MISSOURI TO GOVERN: The 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 the Agreement. (12) 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 respecting its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) NONSOLICITATION: The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for the City, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingency upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. (14) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the City and the Commission. -3- IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by the City this day of , 20 Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND CITY OF CAPE GIRARDEAU TRANSPORTATION COMMISSION By Title Title Michael G. Miller, City Manager Attest: Attest: By Secretary to the Commission Title Gayle L. Conrad, City Clerk Approved as to Form: Approved as to Form: By Counsel for the Commission Title W. Eric Cunningham, City Attorney J:\marrl\airagree\Cape G - air 026-77A - ac2l.doc in