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HomeMy WebLinkAboutOrd.5886.2026-02-02BILL NO. 26-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND AIR SERVICE PROMOTION AND MARKETING 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 to execute, on behalf of the City, a State Block Grant Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission, to fund Air Service Promotion and Marketing, Project No. AIR 266-077A-1, at the Cape Girardeau Regional Airport. The City Clerk is hereby authorized 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 or amendments 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 6�a day of Stacy Kin er, Ma or ATTEST: Courtney Davis, Deputy City Clerk i�/�J 2026. -1- CCO Form: MO02 Sponsor City of Cape Girardeau Approved: 08/09 (AMB) Project No. AIR 266-077A-1 Revised: 04/25 (MWH) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIRPORT AID AGREEMENT FOR AIR SERVICE PROMOTION THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the Sponsor has applied to the Commission for a grant of funds under §305.230.4(1)(m) RSMo; and WHEREAS, the Commission has agreed to award funds available under §305.230.4(1)(m) 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 October 20, 2025, and specifically described as follows: Shall be for Air Service Promotion and Marketing only; 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 One Hundred Twenty- One Thousand Dollars ($121,000); 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 work that is not actually performed. The release of all funding under this Agreement is subject to review and approval of 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 is Thirteen Thousand Four Hundred Forty-Four Dollars ($13,444). The Sponsor warrants to the Commission that it has sufficient cash on deposit, or other readily available resources, to provide the local Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB -2- matching funds to complete the project. (4) PROJECT TIME PERIOD: The project period shall be from January 1, 2025, to December 31, 2026. 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. The Sponsor shall not submit a Request for Reimbursement (RFR) after the project time period date. A RFR submitted after the grant end date will not be reimbursed. (5) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: By signing this Agreement, the Sponsor certifies that it holds satisfactory evidence of title to all existing airport property and avigation easements. (6) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the airport, either as owner or as lessee, for twenty (20) years following receipt of the last payment from this grant. Applicable agreement periods are as follows: (A) Land interests - Fifty (50) years. (B) Improvements - Useful life, as determined by the Commission. (7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor. (8) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of a project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by subparagraph (B) under this paragraph of this Agreement. (A) The Sponsor may request payment at any time subsequent to the execution of this Agreement by both parties. Requests for reimbursement shall be supported with invoices. After the Sponsor pays incurred costs, copies of checks used to pay providers must be submitted to the Commission. (B) It is understood and agreed by and between the parties that the Commission shall make no payment which could cause the aggregate of all payments under this Agreement to exceed ninety percent (90%) of the maximum state (Aviation Trust Fund) obligation stated in this Agreement or eighty-one percent (81%) of actual total eligible project cost, whichever is lower, until the Sponsor has met and/or performed all requirements of this grant Agreement to the satisfaction of the Commission. (C) Within ninety (90) days of final inspection of the project funded under this grant, the Sponsor shall provide to the Commission a final payment request and all financial performance and other reports as required by the conditions of this grant. (D) If the Commission determines that the Sponsor was overpaid, the Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB -3- amount of overpayment shall be remitted to the Commission. (9) 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 thereof, and for three (3) years from the date of final payment made under this Agreement. (10) 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. (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) §2000d and §2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 USC §12101, et seq.). (12) 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. (13) 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 progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made. (14) 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. (15) APPLICALBE LAWS AND REGULATIONS: This Agreement shall be construed according to the laws of the State of Missouri. Each party shall comply with all applicable federal, state, and local laws, regulations, and ordinances. Additionally, each party shall adhere to all accepted industry standards, processes, and procedures relevant to the performance of their obligations under this Agreement. A violation of this paragraph constitutes a material breach of the Agreement. (16) 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. Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB -4- (17) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matters provided by the Commission except as may be required by statute, ordinance or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (18) 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 company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent 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 this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (19) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (20) INDEMNIFICATION: To the extent allowed or imposed by law, the Sponsor shall defend, indemnify, and hold harmless the Commission, including its members and Missouri Department of Transportation (“MoDOT” or “Department”) 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. (A) 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. (21) 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. (22) 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. (23) ASSIGNMENT: The Sponsor shall not assign, transfer, or delegate any interest in this Agreement without the prior written consent of the Commission. (24) 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 Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB -5- Sponsor responsible for damages. (25) 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. (26) 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. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Commission. Otherwise, at no time shall the airport be closed to accommodate a non-aeronautical event or activity. (27) 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’s grounds 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. Remainder of Page Intentionally Left Blank Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB -6- IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by Sponsor on _____________________________________ (date). Executed by Commission on __________________________________ (date). MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By:____________________________ By:____________________________ Title: Title:____________________________ Attest: Attest: By:___________________________ Secretary to the Commission Title:__________________________ Approved as to Form: Approved as to Form: By:___________________________ Commission Counsel Title: ______________________ Ordinance No. Docusign Envelope ID: B155A4AE-B47B-4CD0-828A-415586AF7FBB City Manager 2026-02-20 | 1:33 PM CST Deputy City Clerk City Attorney Assistant Chief Engineer 2026-03-03 | 9:39 AM CST Certificate Of Completion Envelope Id: B155A4AE-B47B-4CD0-828A-415586AF7FBB Status: Completed Subject: Complete with Docusign: 2025-12-89079.pdf, Air Service Promotion Grant 2026 AIR 266-077A-1 - Or... Source Envelope: Document Pages: 7 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Ryan Reed AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1860 Michael Faraday Drive Suite 100 Reston, VA 20190 ryan.reed@modot.mo.gov IP Address: 168.166.80.221 Record Tracking Status: Original 2/17/2026 9:50:23 AM Holder: Ryan Reed ryan.reed@modot.mo.gov Location: DocuSign Signer Events Signature Timestamp Dr. Kenneth Haskins khaskin@cityofcape.org City Manager Security Level: Email, Account Authentication (Optional), Access Code Signature Adoption: Drawn on Device Using IP Address: 35.134.156.158 Signed using mobile Sent: 2/17/2026 10:50:28 AM Viewed: 2/19/2026 9:56:41 AM Signed: 2/19/2026 9:56:56 AM Electronic Record and Signature Disclosure: Accepted: 2/19/2026 9:56:41 AM ID: da3130ae-689b-465f-b4cb-477ba7785645 Courtney Davis cdavis@cityofcape.org Deputy City Clerk Security Level: Email, Account Authentication (Optional), Access Code Signature Adoption: Pre-selected Style Using IP Address: 35.134.156.158 Sent: 2/19/2026 9:56:58 AM Viewed: 2/20/2026 1:30:44 PM Signed: 2/20/2026 1:33:08 PM Electronic Record and Signature Disclosure: Accepted: 2/20/2026 1:30:44 PM ID: 8f6c2ef5-c20f-4d38-9984-88a1bf04a399 Greg Young gyoung@cityofcape.org City Attorney Security Level: Email, Account Authentication (Optional), Access Code Signature Adoption: Pre-selected Style Using IP Address: 35.134.156.158 Sent: 2/20/2026 1:33:11 PM Viewed: 2/25/2026 5:37:50 PM Signed: 2/25/2026 5:38:33 PM Electronic Record and Signature Disclosure: Accepted: 2/25/2026 5:37:50 PM ID: ab94cf59-4e69-482f-9025-6f1e4d656655 Megan L. Waters-Hamblin Megan.Waters-Hamblin@modot.mo.gov Senior Associate Counsel Missouri Department of Transportation Security Level: Email, Account Authentication (Optional), Logged in Signature Adoption: Pre-selected Style Using IP Address: 168.166.80.221 Sent: 2/25/2026 5:38:35 PM Viewed: 3/2/2026 9:20:25 AM Signed: 3/2/2026 9:22:22 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp MARK CROARKIN Mark.Croarkin@modot.mo.gov Assistant Chief Engineer Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Signature Adoption: Uploaded Signature Image Using IP Address: 168.166.80.221 Sent: 3/2/2026 9:22:24 AM Viewed: 3/2/2026 10:44:11 AM Signed: 3/2/2026 10:44:52 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Jennifer Jorgensen jennifer.jorgensen@modot.mo.gov Secretary to the Commission MoDOT Security Level: Email, Account Authentication (Optional) Signature Adoption: Uploaded Signature Image Using IP Address: 168.166.80.221 Sent: 3/2/2026 10:44:55 AM Viewed: 3/3/2026 9:39:00 AM Signed: 3/3/2026 9:39:44 AM Electronic Record and Signature Disclosure: Accepted: 6/7/2023 9:45:35 AM ID: 43e1faf8-03d4-4d0e-95b0-9dcba940a033 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Dana L. Kaiser Dana.Kaiser@modot.mo.gov Senior Executive Assistant Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Sent: 3/2/2026 9:22:24 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Tara Herx tara.herx@modot.mo.gov Senior Executive Assistant Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Sent: 3/2/2026 9:22:24 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Lisa Gerling lisa.gerling@modot.mo.gov Executive Assistant Security Level: Email, Account Authentication (Optional) Sent: 3/2/2026 10:44:55 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp JoJo Stuart jstuart@CityofCapeGirardeau.org Security Level: Email, Account Authentication (Optional) Sent: 3/3/2026 9:39:46 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/17/2026 10:50:28 AM Certified Delivered Security Checked 3/3/2026 9:39:00 AM Signing Complete Security Checked 3/3/2026 9:39:44 AM Completed Security Checked 3/3/2026 9:39:46 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Missouri Highways and Transportation Commission DocuSign, Inc. Express Electronic Signature Agreement The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by and through the Missouri Department of Transportation (MoDOT) is willing to provide to the Authorized Representative of the Contractor/Vendor/Consultant (Entity) who is duly authorized to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically affixed authorized signature and seal, as required to validate a binding agreement between the Commission and the Entity, on all Commission/MoDOT documents, including but not limited to disclosures, agreements, contracts, notices, purchase orders, change orders, modifications, amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents) that are processed, generated, and exchanged by and between the Commission and you, acting on behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express (DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows: 1) You are the person duly authorized and designated by the Entity to receive, access and agree to the terms of this agreement on behalf of the Entity by clicking the Agree button below. 2) You have the authority to specifically consent and agree that the Commission, in its discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change orders, modifications, amendments, supplements, correspondence, and all other evidence of the transaction between the Commission and the Entity electronically (hereinafter all such documentation is referred to as electronic record(s)). 3) The email address, User ID and password authorized to access the electronic agreement via DocuSign are your own and are not shared with any other person. 4) All of the required notices and disclosures will be sent to the email address authorized through DocuSign. 5) You are duly authorized to receive electronically through DocuSign, access and act upon all electronic records, to provide all required information and electronically affix your signature and seal, as applicable, on behalf of the Entity named in such Commission Documents via DocuSign,. 6) The system through which you are accessing DocuSign and its eSignature Application meets the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store, send and transmit all electronic records and any and all other communications sent to you from the Commission through the DocuSign web site. 7) All communications in electronic format from the Commission to you through DocuSign are considered in-writing. You have the ability to download and print any documents processed through DocuSign for 30 calendar days after such documents are first sent, as long as you are an authorized user of the DocuSign system. After such time, you may request copies by contacting the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by telephone at 573-751-2824. You shall print or download for your records a copy of any communication that is important to you to retain. 8) You have implemented appropriate security measures to ensure that only you have access through DocuSign to receive, access and electronically affix signatures to electronic records, as applicable, Commission/MoDOT sends to you through DocuSign. 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Any transaction initiated and transmitted by you to the Commission through DocuSign and its eSignature application shall be deemed to have been authorized by you, and the Commission is entitled to assume that the said transactions are so authorized by you and the Commission shall be protected upon acting thereon. 10) You shall be fully liable to the Commission for every transaction entered into using a valid DocuSign Authentication Code sent to you through certified mail, telephone call or Short Message Service (SMS) text, with or without your knowledge. In no event will the Commission be liable to you for any special, direct, indirect, consequential or incidental loss or damages even if you have advised the Commission/MoDOT of such possibility. 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Express (DocuSign) Electronic Signature Agreement terms and conditions outlined above.