HomeMy WebLinkAboutOrd.5823.2025-02-18 BILL NO. 25-17 ORDINANCE NO. 5 M 3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AIR TRAFFIC CONTROL TOWER
OPERATING ASSISTANCE GRANT AGREEMENT FOR THE
FISCAL YEAR 2024-2025, WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION
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, an Air Traffic
Control Tower Operating Assistance Grant Agreement for the fiscal
year 2024-2025, for Project No . AR 246-077A-3, between the City
of Cape Girardeau and the Missouri Highways and Transportation
Commission for the Cape Girardeau Regional Airport . The City
Clerk is hereby authorized and directed to attest to said
document and to affix the seal of the City thereto . The Agreement
shall be in substantially the form attached hereto, 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 . The officers, agents, and employees of the
City are hereby authorized to execute all documents and take
steps as they deem necessary and advisable to carry out and
perform the purpose of this ordinance .
Article 2 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS day of (l, , 2025 .
Stacy Kind(�r,l M,yor
$�C"I
Traci Weissmueller, Deputy City Clerk
4
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tAs TILE UN10N
CCO Form: M013 Sponsor: �City of Cape Girardeau
Approved: 1/99 (RMH) Project No.: AIR 246-077A-3
Revised: 05/24 (MWH)
Modified:
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, "Sponsor").
WITNESSETH:
WHEREAS, the purpose of.this Agreement is to provide financial assistance to the
Sponsor for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the
Cape Girardeau Regional Airport (hereinafter, "Airport") pursuant to section 305.230
RSMo, and to set forth the conditions upon which the assistance will be provided.
NOW, THEREFORE, inconsideration of the mutual covenants, promises, and
representations set forth below, the parties agree as follows:
(1) SCOPE OF WORK: The Sponsor agrees to operate the Tower in
accordance with all rules and regulations of the Federal Aviation Administration and with
all applicable Federal and State requirements.
(2) AMOUNT OF GRANT: The Commission agrees to reimburse the Sponsor
up to One Hundred Sixty-Seven Thousand Dollars ($167,000); provided, however, that in
the event that state funds available to the Commission under section 305.230 RSMo are
reduced so that the Commission is unable to completely satisfy its obligations to all Cities
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 to operate the
Tower during the period of July 1, 2024 to June 30, 2025. The release of all funding under
this Agreement is subject to the Commission's review and approval of all project
expenses to ensure that they are qualifying expenses under this program.The grant funds
in this paragraph not expended or duly obligated during the project time period shall be
released for use in other projects under§305.230 RSMo.
(3) PERFORMANCE OF AGREEMENT: The Sponsor 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:
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(A) The Sponsor 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 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 and
representatives-during the period of this Agreement and any extension thereof, and for
three (3) years from the date of final payment made under this Agreement.
(5) THIRD PARTY CONTRACTS:
(A) Prior to execution by either party, the Sponsor 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 Sponsor by a third party.
(B) The Commission shall not be liable to the contractors or
subcontractor of the Sponsor or any other person not a party to this Agreement in
connection with the performance of this project without specific written consent of the
Commission.
(6) PAYMENTS:
(A) Timing of Payments: The Commission's payments to the Sponsor
will be made on a quarterly basis. The Commission will provide a reimbursement form to
be completed by the Sponsor when requesting funds.
(B) Limitations on Commission Contribution: Funds made available to
the Commission and the Sponsor are subject to appropriations made by the General
Assembly.
(7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written
notice to the Sponsor, the Commission reserves the right to suspend or terminate all or
part of the financial assistance herein provided if the Sponsor is, or has been, in violation
of any of the terms of this Agreement.
(8) COMMISSION'S 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 the Agreement.
(9) INDEMNIFICATION: To the extent allowed or imposed by law, the Sponsor
shall defend, indemnify, and hold harmless the Commission, including its members and
the Missouri Department of Transportation (hereinafter, "MoDOT" or "Department")
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employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Sponsor's
wrongful or negligent performance of its obligations under this Agreement.
(10) INSURANCE:
(A) The Sponsor is required or will require any contractor procured by
the Sponsor to work under this Agreement:
1. To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
2. To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the MoDOT and its employees, as
additional insureds in amounts sufficient to cover the sovereign immunity limits for
Missouri public entities ($600,000 per claimant and $4,000,000 per occurrence) as
calculated by the Missouri Department of Insurance, Financial Institutions and
Professional Registration, and published annually in the Missouri Register pursuant to
section 537.610 RSMo.
(B) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to each
party's applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(11) 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 (Title 42 United States Code (USC) Sections 20004 and 2000e, et seq.); and
with any provision of the "Americans with Disabilities Act" (42 USC Section 12101, et
seg.).
(12) 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 the Agreement.
(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 respecting its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(14) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
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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.
(15) 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 Sponsor and the Commission.
(16) DISPUTES: Any disputes that arise under this Agreement shall be decided
-by the Commission or its representative.
(17) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(18) 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.
[Remainder of Page Intentionally Left Blank]
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Docusign Envelope ID:4C67908E-29C2-4DB2-A379-4F32FDC0932E
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date
last written below.
2025-03-18 1 8:03 AM CDT
Executed by Sponsor on (date).
2025-03-20 1 3:13 PM CDT
Executed by Commission on (date).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU
DocuSigned by: DocuSigned by:
By. F9943CEOC28A409... By•
ry
Title: Title:
Assistant Chief Engineer city Manager
Attest: Attest:
DocuSigned by: y
Ep ("q
b" n � Dipi'RR'r' nPAPI
NuSSv4ll�'Uj-r
74fi7RRDFFDFn4n: By:
Secretary to the Commission
Title: Deputy city clerk
Approved as to Form: Approved as to Form:
rl;vcu-�gn'
d by:��/,} 'e. Signed by:
Commisslon Counsel C✓ouNn!Asel
Ordinance No.:
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