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HomeMy WebLinkAboutCouncil.Agenda.02-18-2025.PacketStacy Kinder, Mayor Dan Presson, Ward 1 Tameka Randle, Ward 2 Nate Thomas, Ward 3 David J. Cantrell, Ward 4 Ryan Essex, Ward 5 Mark Bliss, Ward 6 February 18, 2025 5:00 PM City Council Chambers City Hall 44 N. Lorimier St Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl • City residents desiring to speak about items NOT on the agenda must register no later than 8:00 am, on Tuesday, February 18, 2025, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. Invocation Geneva Allen -Patterson of St. James AME Church in Cape Girardeau Pledge of Allegiance Study Session Presentations Communications/Reports Items for Discussion • Appearances by Advisory Board Applicants • Planning and Zoning Commission Report • Consent Agenda Review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the February 3, 2025, City Council Regular Session Minutes. 2. BILL NO. 25-14, an Ordinance approving a Second Amendment to Redevelopment Agreement between the City of Cape Girardeau and Tenmile Holdings, LLC. Second & Third Readings 3. BILL NO. 25-15, an Ordinance vacating the City's interest in parts of various street and alley Rights Of Way in the Smelterville Subdivision, in the City of Cape Girardeau, Missouri. Second & Third Readings 4. BILL NO. 25-17, an Ordinance authorizing the City Manager to execute an Air Traffic Control Tower Operating Assistance Grant Agreement for Fiscal Year 2024-2025, with the Missouri Highways and Transportation Commission. Second & Third Readings 5. BILL NO. 25-18, a Resolution authorizing the Airport Manager to execute agreements with Vehicle Rental Service Providers at the Cape Girardeau Regional Airport. Reading and Passage. 6. BILL NO. 25-19, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with QUANTUM SLACKS, LLC to place certain improvements at 1129 Broadway in the City of Cape Girardeau, Missouri. Reading and Passage. 7. BILL NO. 25-20, a Resolution authorizing a grant application to MoDOT for DWI enforcement, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. 8. BILL NO. 25-21, a Resolution authorizing a grant application to MoDOT for Hazardous Moving Violation Enforcement, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. 9. BILL NO. 25-23, a Resolution authorizing the City Manager to execute an agreement with Wayne Wallingford, for professional services. Reading and Passage. Items Removed from Consent Agenda 10. BILL NO. 25-16, an Ordinance authorizing the acquisition of Temporary Construction Easements from various property owners for the Cape Rock Drive Sidewalk Transportation Alternatives Program (TAP) Grant projects in the City of Cape Girardeau, Missouri. Second & Third Readings New Ordinances Mayor will ask for appearances after each Ordinance is read Individuals who wish to make comments regarding the item must be recognized be the Mayor/Mayor Pro Tempore. Each speaker is allowed 3 minutes and must stand at the public microphone and state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 11. BILL NO. 25-22, an Ordinance accepting a Permanent Water Line Easement for property located at 1112 Linden Street, in the City of Cape Girardeau, Missouri. First Reading. DEV - Trevor Pulley Appointments 12. Appointment to the University of Missouri Extension Council. 13. Appointments to the Tree Board Other Business Appearances regarding items not listed on the agenda. This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager is action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tempore. Each speaker is allowed 3 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. Meeting Adjournment Closed Session The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. Future Appointments and Memos • Capital Improvement Program (CIP) 2025-2035 • Board of Adjustment Appointment Advisory Board Minutes • Advisory Board Minutes Staff: Traci Weissmueller, Deputy City Agenda: Clerk 2/18/2025 SUBJECT Approval of the February 3, 2025, City Council Regular Session Minutes. ATTACHMENTS: Name: Description: D 2025.02.03 Council Minutes DRAF Lpff 2025.02.03 Council Minutes Draft Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 3, 2025 MM -131 STUDY SESSION — February 3, 2025 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, February 3, 2025, starting at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Ryan Essex, Dan Presson, Tameka Randle and Nate Thomas present. REGULAR SESSION —February 3, 2025 The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, February 3, 2025, starting at 5:58 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Ryan Essex, Dan Presson, Tameka Randle and Nate Thomas present. ADOPTION OF THE AGENDA A Motion was made by Dan Presson, Seconded by Ryan Essex, to approve and adopt the agenda. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. PUBLIC HEARINGS A Public Hearing to consider vacating the City's interest in parts of various Rights Of Way in the Smelterville Subdivision in the City of Cape Girardeau, Missouri. Mayor Kinder opened the hearing. There being no appearances, the hearing was closed. CONSENT AGENDA Approval of the January 21, 2025, City Council Regular Session Minutes. BILL NO. 25-09, an Ordinance authorizing the City Manager to execute a Grant Agreement with the Missouri Highways and Transportation Commission to fund Vehicle Parking Expansion - New Terminal at the Cape Girardeau Regional Airport. Second and Third Readings. BILL NO. 25-10, an Ordinance accepting a Permanent Water Line Easement from properties located at 151— 159 South Mount Auburn Road, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 25-11, an Ordinance accepting a Permanent Water Line Easement from Community Counseling Center for property located at 1987 Rusmar Street, in the City of Cape Girardeau, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 3, 2025 MM -132 Missouri. Second and Third Readings. BILL NO. 25-13, a Resolution authorizing the City Manager to execute Aviation Project Consultant Supplemental Agreement No. 2 with Crawford, Murphy, and Tilly, Inc., for additional services at the Cape Girardeau Regional Airport. Reading and Passage. A Motion was made by Dan Presson, Seconded by Tameka Randle, to approve and adopt. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. BILL NO. 25-09 will be Ordinance NO. 5817; BILL NO. 25-10 will be Ordinance NO. 5818; BILL NO. 25-11 will be Ordinance NO. 5819; and BILL NO. 25-13 will be Resolution NO. 3644. BILL NO. 25-14, an Ordinance approving a Second Amendment to Redevelopment Agreement between the City of Cape Girardeau and Tenmile Holdings, LLC. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Tameka Randle, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. BILL NO. 25-15, an Ordinance vacating the City's interest in parts of various street and alley Rights Of Way in the Smelterville Subdivision, in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. BILL NO. 25-16, an Ordinance authorizing the acquisition of Temporary Construction Easements from various property owners for the Cape Rock Drive Sidewalk Transportation Alternatives Program (TAP) Grant projects in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. Bill Duffy, 907 N. Cape Rock Drive, spoke in opposition of Bill 25-16. A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. BILL NO. 25-17, an Ordinance authorizing the City Manager to execute an Air Traffic Control Tower Operating Assistance Grant Agreement for Fiscal Year 2024-2025, with the Missouri Highways and Transportation Commission. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 3, 2025 MM -133 MEETING ADJOURNMENT A Motion was made to adjourn by Ryan Essex, Seconded by Dan Presson. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Presson, Randle, Thomas. The regular session ended at 6:26 pm. Traci Weissmueller, Deputy City Clerk Stacy Kinder, Mayor Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 3, 2025 MM -134 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: Trevor Pulley, Assistant City Agenda: Manager 2/18/2025 SUBJECT An Ordinance approving a Second Amendment to Redevelopment Agreement between the City of Cape Girardeau and Tenn le Holdings, LLC. The original Redevelopment Agreement expired on June 30, 2023. The first amendment expires on December 31, 2024. The applicant has requested a second amendment to the Redevelopment Agreement to address the delays in completion, with a new completion date of July 1, 2025. EXECUTIVE SUMMARY City of Cape Girardeau and Tenmile Holdings, LLC (the "Developer") entered into a Redevelopment Agreement dated May 2, 2022 (the "Original Agreement") relating to the redevelopment of the historic Esquire Theater building into office suites with an additional retail space, or cafe at the building's Broadway entrance. The original approved Redevelopment Agreement included a project completion date of June 30, 2023. Due to numerous factors such as, labor shortages and supply chain issues, the project was not completed by the deadline. The applicant requested the first amendment to the Redevelopment Agreement to address these delays, with a new completion date of December 31, 2024. The applicant has requested another amendment to the Redevelopment Agreement to complete the project that was not completed before December 31, 2024. This project is nearing completed but requires another extension to be completed to meet the TIF. The applicant has requested a second amendment to the Redevelopment Agreement to address these delays, with a new completion date of July 1, 2025. The second amendment only changes the date of December 31, 2024 to July 1, 2025. BACKGROUND/DISCUSSION The Original Agreement required completion of the Redevelopment Project by June 30, 2023, for the Developer to be reimbursed from tax increment financing revenues for a portion of its redevelopment costs. The Developer has requested that the Original Agreement be amended to provide additional time to complete the Redevelopment Project. FINANCIAL IMPACT This redevelopment project will result in increased property and sales tax that otherwise would not be generated. In addition, this redevelopment project will prevent the area from deteriorating further. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL EMPACTS There is no financial impact from the proposed second amendment to the Redevelopment Agreement. The maximum allowable TIF assistance remains the same; the amended Agreement simply extended the date to July 1, 2025. STAFF RECOMMENDATION Staff recommends the City Council approve the Second Amendment to Redevelopment Agreement between the City of Cape Girardeau and Tenmile Holdings, LLC. BOARD OR COMMISSION RECOMMENDATION At its meeting on March 9, 2022, the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri, passed a resolution recommending approval of the redevelopment plan for the Esquire Theater Tax Increment Financing Redevelopment Plan; the designation of the redevelopment area described therein; approval of the redevelopment project described therein, and expressing other recommendations to the City Council of Cape Girardeau, Missouri. City of Cape Girardeau and Tenmile Holdings, LLC (the "Developer") entered into a Redevelopment Agreement dated as of May 2, 2022 (the "Original Agreement") relating to the redevelopment of the historic Esquire Theater building into office suites with an additional retail space or cafe at the building's Broadway entrance. ATTACHMENTS: Name: Description: 0 25-14 Ord Amend 2 Redevelopment Agreement Esquire _Theatendocx Ordinance 0 Amend 2 Redevelopment Agreement Esquire _Theatendocx Second amendment to rede\elopment agreement 2025 BILL NO. 25-14 ORDINANCE NO. AN ORDINANCE APPROVING A SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU AND TENMILE HOLDINGS, LLC. WHEREAS, the City of Cape Girardeau and Tenmile Holdings, LLC (the "Developer") entered into a Redevelopment Agreement dated as of May 2, 2022 (as amended, the "Prior Agreement") relating to the redevelopment of the historic Esquire Theater building into office suites with an additional retail space or cafe at the building's Broadway entrance; and WHEREAS, the Prior Agreement required completion of the Redevelopment Project by January 1, 2025, as evidenced by an occupancy certificate for the building; and WHEREAS, the Developer has requested that the Prior Agreement be amended to provide additional time to complete the Redevelopment Project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby approves the Second Amendment to Redevelopment Agreement in substantially the form of Exhibit A attached hereto (the "Second Amendment"). The City Manager is hereby authorized to execute the Second Amendment on behalf of the City. The City Clerk or Deputy City Clerk is hereby authorized to attest to the Second Amendment and to affix the seal of the City thereto. Section 2. The officers, agents and employees of the City are hereby authorized to execute all documents and take such steps as they deem necessary and advisable to carry out and perform the purpose of this Ordinance. Section 3. The sections of this Ordinance shall be severable. If any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless the court finds that: (a) the valid sections are so essential to and inseparably connected with and dependent upon the void section that it cannot be presumed that the City Council has or would have enacted the valid sections without the void one; and (b) the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 4. This Ordinance shall take effect and be in full force 10 days after its passage by the City Council. PASSED AND APPROVED THIS DAY OF , 2025. ATTEST: Traci Weissmueller, Deputy City Clerk Stacy Kinder, Mayor EXHIBIT A SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT [On file in the City Clerk's Office] SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT This SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT (this "Second Amendment") is made and entered into as of , 2025, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a home -rule city organized and existing under the laws of the State of Missouri (the "City"), and TENMILE HOLDINGS, LLC, a limited liability company organized and existing under the laws of the State of Missouri (the "Developer"). RECITALS: 1. The City and the Developer entered into a Redevelopment Agreement dated as of May 2, 2022, as amended by a First Amendment to Redevelopment Agreement dated as of April 17, 2024 (collectively, the "Prior Agreement"), relating to the redevelopment of the historic Esquire Theater building (the "Building") into office suites with an additional retail space or cafe at the building's Broadway entrance (the "Redevelopment Project"). 2. The Prior Agreement required completion of the Redevelopment Project by January 1, 2025, as evidenced by an occupancy certificate for the building. The Developer has received a temporary occupancy certificate for the building. The parties desire to extend the completion date to July 1, 2025, to be evidenced by a completion certificate submitted by the Developer and approved by the City. 3. Pursuant to Ordinance No. , adopted on , 2025, the City Council has authorized the City to enter into this Second Amendment. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Development. Section 1(a) of the Prior Agreement is amended to read as follows: The Developer hereby agrees to complete the Redevelopment Project at its own expense and to submit a Certificate of Substantial Completion, in substantially the form attached as Exhibit D, to the City no later than July 1, 2025. The City shall then review the Certificate of Substantial Completion and determine, in its absolute discretion, if the Developer has satisfactorily completed the Redevelopment Project in accordance with this Agreement. Within 180 days after the City approves the Certificate of Substantial Completion, the Developer may submit a Certificate of Reimbursable Project Costs, in substantially the form attached as Exhibit B, evidencing the costs of the Redevelopment Project for which the Developer requests reimbursement pursuant to Section 4. 2. Certificate of Substantial Completion. The Prior Agreement is amended by inserting Exhibit D thereto, which is incorporated by reference 3. City Fees. The Developer shall promptly pay any fees and expenses incurred by the City in connection with the preparation of this Second Amendment. 4. Ratification and Approval. Except as amended hereby, the Prior Agreement is and shall remain in full force and effect in accordance with the provisions thereof. 5. Counterparts. This Second Amendment may be executed in multiple counterparts, each of which shall constitute one and the same instrument. 6. Conflicting Provisions. In the event of any inconsistency between the terms and provisions of the Prior Agreement and this Second Amendment, the terms and provisions of this Second Amendment shall prevail. [Remainder of page intentionally left blank.] -2- IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed and the City has caused its seal to be affixed hereto and attested as of the date first written above. (SEAL) ATTEST: By: Name Title: Gayle L. Conrad City Clerk -3- CITY OF CAPE GIRARDEAU, MISSOURI By: Name: Title: Kenneth Haskin City Manager TENMILE HOLDINGS, LLC By: Name: Title: Benjamin F. Traxel Managing Member EXHIBIT D FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION TENMILE HOLDINGS, LLC (the "Developer"), pursuant to that certain Redevelopment Agreement dated as of May 2, 2022 (as amended, the "Agreement"), between the City of Cape Girardeau, Missouri (the "City"), and the Developer, hereby certifies to the City as follows: 1. That as of , 2025, the Redevelopment Project has been substantially completed in accordance with the Agreement. 2. The Redevelopment Project has been completed in a workmanlike manner and in accordance with all applicable zoning, building and other permits issued by the City. Lien waivers for the Redevelopment Project have been obtained. 4. This Certificate of Substantial Completion (this "Certificate") is accompanied by the project architect's certificate of substantial completion on AIA Form G-704 (or the substantial equivalent thereof), a copy of which is attached hereto and by this reference incorporated herein), certifying that the Redevelopment Project has been substantially completed in accordance with the Agreement. 5. This Certificate is being issued by the Developer to the City in accordance with the Agreement to evidence the Developer's satisfaction of its obligations and covenants with respect to the Redevelopment Project as described in the Agreement. 6. The City's acceptance (below) in writing to this Certificate shall evidence the satisfaction of the Developer's agreements and covenants to complete the Redevelopment Project in accordance with the Agreement. This Certificate is given without prejudice to any rights against third parties that exist as of the date hereof or that may subsequently come into being. All certifications or statements made or set forth in this Certificate are made solely for the benefit of the City and shall not be relied upon or used for any purpose by any third party in any proceeding, claim or contest of any kind, nature or character. All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this day of 52025. ACCEPTED: CITY OF CAPE GIRARDEAU, MISSOURI City Manager TENMILE HOLDINGS, LLC By: Name: Title: Benjamin F. Traxel Managing Member (Attach AIA Form G-704) -2- Staff: Jake Garrard, PE, City Engineer Agenda: 2/18/2025 SUBJECT An Ordinance vacating the City's interest in parts of various street and alley Rights Of Way in the Smelterville Subdivision in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached Ordinance vacates the City's interest in parts of several Rights Of Way, to include both street and alley rights of way, in the Smelterville Subdivision along S Sprigg Street between La Cruz St and the Cape LaCroix Creek in the City of Cape Girardeau. These vacated rights of way will be included with Lots of the Smelterville Subdivision, currently owned by the City, in a sale of real property. A Public Hearing to consider the vacation was held on February 3, 2025. BACKGROUND/DISCUSSION Fire Chief Randy Morris was approached by Cape Girardeau Career and Technology Center (CTC) with a request to purchase the fire training site grounds within the Smelterville Subdivision along S Sprigg Street between La Cruz St and the Cape LaCroix Creek. CTC would be using said ground to expand their Commercial Driver's License course and for miscellaneous needs. There are several Lots within the City owned lands of this area that are exempt from viable transfer of interest due to how they were acquired by the City via FEMA Flood Buyout Grant Funds. But there are a number of Lots that are viable to be sold that are not deed restricted by Flood Buyout monies. These lots along with the vacated rights of way, approximately 5 acres, would be available to be transferred in a transaction with CTC as the Grantee and the City as the Grantor. Therefore, the City is seeking to vacate interest in several parts of Rights Of Way within the Smelterville subdivision area prior to the sale of real property so as to be included in the available land to be sold. Other parts of these rights of way are being retained to provide the City access to flood buyout properties as well as existing City Infrastructure in the ground. As part of the agreement for sale, the City of Cape will retain its ability to continue to use the area as the Fire Training Site for current and future employees. FINANCIAL IMPACT The future Grantee of the land to be sold will pay for all associated costs for the Public Hearing advertisement and recording fees of the vacation ordinance. Vacated un -improved rights of way land will be sold alongside additional City owned Lots of the Smelterville Subdivision which will be generating revenue to the benefit the City. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance vacating the City's interest in parts of Right of Way in the Smelterville Subdivision in the City of Cape Girardeau, Missouri. PUBLIC OUTREACH An advertisement for a Notice of Public Hearing appeared in the Southeast Missourian on January 23, 2025. A Public Hearing was held on February 3, 2025 to consider the request to vacate various parts of rights of way of Smeherville Subdivision. ATTACHMENTS: Name: Description: D 25-15 Vacation SnOtervik ROWs.docx Ordinance D EXHIBrr_FireTrainineSite ROW Vacation.pdf Vacation Exhibit D Document 250121 091309.pdf Affidavit to Publish BILL NO. 25-15 ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN PARTS OF VARIOUS STREET AND ALLEY RIGHTS OF WAY IN THE SMELTERVILLE SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council may hold a hearing to consider vacating the City's interest in any real estate; and WHEREAS, a public hearing was held on February 3, 2025, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation; and WHEREAS, at least ten days' notice of the time and place of said hearing was published in a newspaper of general circulation in the City; and WHEREAS, the City Council has determined that said parts of various street and alley rights of way are not necessary or needed for any of the purposes for which they were dedicated and established; and WHEREAS, the City Council has determined that it is in the public interest that said parts of various street and alley rights of way be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby finds that it is in the public interest that said parts of various street and alley rights of way in the Smelterville Subdivision along South Sprigg Street between La Cruz Street and the Cape LaCroix Creek be vacated. ARTICLE 2. The City hereby vacates its interest in the following described parts of various street and alley rights of way: Tram l All that part of an Alley Right of Way in Block 1 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: 1 All that part of the platted 12 foot wide, East-West Alley of Block 1 of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 3, Block 1 and the Northwest Corner of Lot 4, Block 1, as shown on said subdivision; thence stretching along the platted alley of Block 1 and terminating at a line that runs from the Southeast corner of Lot 16, Block 1 to the Northeast corner of Lot 15, Block 1 of said subdivision and being approximately 275 linear feet in length of said alley; 3,230.57 square feet in area, more or less. 'T'ra r- t- i All that part of Beech Street Right of Way falling between Blocks 1 and 2 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: All that part of the platted 50 foot wide Beech Street Right of Way of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 6, Block 1 and the Northwest Corner of Lot 1, Block 2, as shown on said subdivision; thence stretching along the platted Beech Street and terminating at a line that runs from the Southeast corner of Lot 11, Block 1 to the Northeast corner of Lot 12, Block 2 of said subdivision and being approximately 205 linear feet in length of said right of way; 9,756.07 square feet in area, more or less. Tract *� All that part of an Alley Right of Way in Block 2 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: All that part of the platted 12 foot wide, East-West Alley of Block 2 of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 3, K Block 2 and the Northwest Corner of Lot 4, Block 2, as shown on said subdivision; thence stretching along the platted alley of Block 2 and terminating at a line that runs from the Southeast corner of Lot 13, Block 2 to the Northeast corner of Lot 14, Block 2 of said subdivision and being approximately 240 linear feet in length of said alley; 2,667 square feet in area, more or less. Tract 4 All that part of Pine Street Right of Way falling between Blocks 2 and 3 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: All that part of the platted 50 foot wide Pine Street Right of Way of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 6, Block 2 and the Northwest Corner of Lot 1, Block 3, as shown on said subdivision; thence stretching along the platted Pine Street and terminating at a line that runs from the Southeast corner of Lot 14, Block 2 to the Northeast corner of Lot 13, Block 3 of said subdivision and being approximately 240 linear feet in length of said right of way; 11,540.15 square feet in area, more or less. Tract E:i All of an Alley Right of Way in Block 3 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: All of the platted 12 foot wide, East-West Alley of Block 3 of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 3, Block 3 and the Northwest Corner of Lot 4, Block 3, as shown on said subdivision; thence stretching along the entire length of the platted alley of Block 3 and terminating at the Western Right of Way Line of Giboney Lane as shown on said plat and being the same as a line that runs from the Southeast corner of Lot 3 20, Block 3 to the Northeast corner of Lot 19, Block 3 of said subdivision and being approximately 327 linear feet in length of said alley; 4,113.79 square feet in area, more or less. Tract F All of an Alley Right of Way in Block 4 of Smelterville, a subdivision recorded in Plat Book 2, at Page 42 in the County Land Records, in the City and County of Cape Girardeau, Missouri and further described as follows: All of the platted 12 foot wide, East-West Alley of Block 4 of Smelterville beginning at the original Eastern Right of Way Line of Sprigg Street as shown on said plat and being the same location as a line stretching between the Southwest corner of Lot 3, Block 4 and the Northwest Corner of Lot 4, Block 4, as shown on said subdivision; thence stretching along the entire length of the platted alley of Block 4 and terminating at the Western Right of Way Line of Giboney Lane as shown on said plat and being the same as a line that runs from the Southeast corner of Lot 17, Block 4 to the Northeast corner of Lot 18, Block 4 of said subdivision and being approximately 317 linear feet in length of said alley; 3,926.62 square feet in area, more or less. is hereby vacated. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk 4 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of ,2025, before me appeared Stacy Kinder, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: 5 Notary Public '` CITYO CAPE G 1 R A R D E A U Rights of Way to be Vacated in Smelterville (PB 2 PG 42) La Cruz St Lot3 7 BLOCKI' Lot4 r — / 275 ft long Smelterville / w / PB 2 PG 42 Loth , / Beech,St 50 ftR_O_W Lot l 205 ft long <� Lot3 BLOCK 2 v:�, / v C'2 Lot4 240 ft long 12 ft wide y ,, Lot / v Pine St 50 ft R -O -W Lot> 240ft long / 7 _ w L°t 3 ' I BLOCK 311 ° Lot 4 / 327 ft long 12 ft wide / 7 , _ POPIar St L°t3 / BLOCK 4 / 0 v Lot4 317 ft long 12 ft wide , ^tb L Cooper St ®Area of Interest: Vacation of Right of Way Parcel N w- E Lot Lines S ft wide I _ 1 I 1 I I I I Coop Sre t LEGEND 0 100 200 Feet 1:1,750 1 1 1 1 1 1 1 1 1 Date: 1/9/2025 r.try 4;'renr riceanrmt Uyers provided by the City.f Cape rvices Greeted by. D—hpm MSeGirerdeai erem be., ed Por d only T.,.- H. f..t, A l li ence We ter Resources wdae rtga. -d t. be — Date S.e.(s)'. Th—el v t wbersed foi e Cdycf Cep. Gir.rd... G.v... ant, MO b,dm , ord ev ig�pu rpose. ConcordHOUSE, C. SOUTHEAST MISS©URIAN + BANNER PRESS ; Invoice No. CP16262 Campaign No. 5944 Campaign Desc. Public Hearing for a .:r i' � n of ? 44 North Lorimier Street of Way Invoice Date 1/21/2025 Sales Rep(s) Ian Riley bill -to advertiser City Of Cape Girardeau City Of Cape Girardeau ATTN: Accounts Payable Account No: 102961 44 North Lorimier Street P. O. Box 617 Cape Girardeau, MO 63701 Account No: 102961 please remit payment to payment due Concord Publishing House, Inc. Campaign Net Amount PO Box 699 Billing Installment Cape Girardeau; MO 63702 Invoice Net Amount Payment Amount Due For questions or payments, call us at 573.388.2728 Or email us at: billing@semissourian.com Payment Due Date Product Start End Description Ad Size(s) P.O. Paye # Number Southeast 1/21/2025 1121/2025 Legal Liner 2 Columns x 2.406 Missourian Inches — by;,----- — ------------- ---------- ---------------------------------- CP16262 bill -to City Of Cape Girardeau ATTN: Accounts Payable 44 North Lorimier Street P. O. Box 617 Cape Girardeau, MO 63701 Account No: 102961 SEND PAYMENT TO Concord Publishing House, Inc. PO Box 699 Cape Girardeau. MO 63702 R hats 1/21/2025 Ian Riley advertiser City Of Cape Girardeau Account No: 102961 PAYMENT REMITTANCE < of Righ: 60.15 1 of 1 60.15 60.15 1/2112025 Amount 60.15 PLEASE PAY THIS AMOUNT $ 60.15 REMEMBER: DETACH AND RETURN THIS PORTION WITH REMITTANCE FOR PROPER CRE IT Pagel of 1 Invoice CP16262 CPH Legal / Public Hearing for a Vacation of Parts of Right of Way Publisher's Affidavit STATE OF MISSOURI} SS COUNTY OF CAPE GIRARDEAU} Before me, the undersigned, a Notary Public, this day personally came Sherry Cole who, being first duly sworn, according to law upon his/her oath, says that he/she is Bookkeeper of the Southeast Missourian, a newspaper published in the city of Cape Girardeau, in Cape Girardeau County and State of Missouri, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: 1/21/2025 (appearing once a day on the same day of each week) and further says that said Newspaper is a daily newspaper printed and published in the City of Cape Girardeau and State of Missouri and has a general circulation in the City of Cape Girardeau and State of Missouri and has a general circulation in the City and County of Cape Girardeau and State of Missouri, and has held such general circulation in said county continuously, regularly and consecutively for a period of more than ten years next before the date of the first publication mentioned above, and has been likewise continuously, regularly and consecutively published up to the time of the making of this affidavit for a period of more than ten years next before the date of the jurat to this publisher's affidavit or proof of publication, and that the rate charged therefore is not in excess of the rate allowed by laws of the State of Missouri. and that said Southeast Missourian has been admitted to the United States Post Office as second class matter in the City of Cape Girardeau, Missouri; and that said newspapers has a list of bona fide subscribers voluntarily engaged as such who have paid or agreed to pay a stated price for a subscription for a definite period of time, and that said newspaper and its publishers have complied with each and every provision of the laws of Missouri and particularly with the provisions of Section 13775 of the Revised Statues of Missouri, 1929, as amended, and approved on May 14, 1931, as appears in the Laws of Missouri, 1931 at page 303. &/ 1 < A / Ic Oki Subscribed and sworn to me thk 21Jan 5 Ju6,ou otary Public, qD*aL f Missouri Qualified and commissioned for a term expiring NOTICE OF PUBLfC IIEARING CITE' OF CAPE GIRAR EAU, MISSOI Notice is hereby given that Cae Girardeau, Mi oul City Council will hold a publio�hearittg on Mon( ily. February 3, 2025 at 5 p.m., in the City Hall Coui icil Chambers, City Hal 1, 44 N. Lorimier St. Cape Girardeau, Missouri, to consider vacttting part ol the City's interest in: Parts of several Street and Allgy Rights of Way it the Smelterville Subdivision, S Sphgg St south of L Cruz St. All interested parties shall be ii orded the oppo at the hearing to speak in favort, of or in oppositi the proposed vacation. (January 21, 2025) UJA)?"r a, '0 2 J Publication Fee: $60.15 TONJAHEMPHILL Cape Girardeau, MO Notary Public - Notary Seal State ofMissouri Commissioned for Cape Girardeau County Southeast Missourian My Commission Expires: October 12,2025 ommission Number: 13801343 Gayle L. Conrad City CIL-rk City oflCape Girardeau unity to Staff: JoJo Stuart, Airport Manager Agenda: 2/18/2025 SUBJECT An ordinance authorizing the City Manager to enter into an Air Traffic Control Tower Operating Assistance Grant Agreement, No. AIR 246-077A-3, for the fiscal year 2024-2025 in the amount of $167,000. EXECUTIVE SUMMARY Annually, Missouri State legislation provides up to $167,000 for reimbursement of air traffic control tower (ATCT) operational expenses for Missouri municipalities currently funding their own air traffic control tower operation. The City of Cape Girardeau is eligible for these funds and the attached Air Traffic Control Tower Operating Assistance Grant Agreement will reimburse the City up to $167,000 for the direct costs to operate the air traffic control tower for the period of the fiscal year, which begins July 1, 2024 and ends on June 30, 2025. BACKGROUND/DISCUSSION The Air Traffic Control Tower Operating Assistance Grant Agreement funds are available to the City as the result of language within the Missouri State Jet Fuel Tax legislation. The Jet Fuel Tax funds the Missouri State Aviation Trust Fund annually at varying levels. In addition to the Air Traffic Control Tower funding, Aviation Trust funds are utilized by the Missouri Department of Transportation Aviation Division to fund a variety of airport maintenance and capital improvement projects at over one hundred airports throughout the state. FINANCIAL IMPACT The $167,000 grant will fund roughly 44% of the total Air Traffic Control Tower operational expenses, which total approximately $390,000 labor expenses annually. SUSTAINABILITY. ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This grant provides much needed funding which allows the City to sustain an operating air traffic control tower at the Cape Girardeau Regional Airport. These funds can cover any operational expense for the ATCT, including personnel and building maintenance expenses. STAFF RECOMMENDATION It is recommended the City Council approve an ordinance authorizing the City Manager to execute the attached Air Traffic Control Tower Operating Assistance Grant Agreement with the Missouri Highways and Transportation Commission, Project No. AIR 246-077A-3, in the amount of $167,000, to assist funding the Air Traffic Control Tower operations for the fiscal year 2024-2025 at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: 13 25-17 Air Traffic Control Gant Agreement_2024-2025.docx Ordinance 13 Aereement.pdf ATCT Assistance Grant BILL NO. 25-17 ORDINANCE NO. 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 Stacy Kinder, Mayor Traci Weissmueller, Deputy City Clerk 2025. 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, in consideration 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: -1- (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") -2- 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 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 USC Section 12101, et seq.) . (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 -3- 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] -4- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by Sponsor on Executed by Commission on MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION M Title: Attest: Secretary to the Commission Approved as to Form: Commission Counsel -5- (date). (date). CITY OF CAPE GIRARDEAU Title: Attest: By: Title: Approved as to Form: Counsel Ordinance No.: Staff: JoJo Stuart, Airport Manager Agenda: 2/18/2025 SUBJECT A Concessionaire Agreement with Vehicle Rental Service providers for vehicle rental services at the Cape Girardeau Regional Airport. EXECUTIVE SUNIMARY This agreement establishes a nonexclusive automobile concession at the Airport with vehicle rental service providers. The City will receive 5% of gross receipts for vehicle rentals. The term "gross receipts" as stated in the agreement shall be construed to mean the aggregate amount of all sales realized by the Operator from the rental of any and all motor vehicles to customers obtained at or from the Airport. BACKGROUND/DISCUSSION In November, 2007, the City authorized an agreement with Enterprise Leasing Company of St. Louis to establish automotive rental services at the Cape Girardeau Regional Airport. That agreement, which provided the airport a 10% commission for cars rented from the airport, was established due to new scheduled air passenger service to Cincinnati and the anticipated need for P&G employees traveling direct to Cape Girardeau requiring rental cars. When that air service was cancelled after 45 days, Enterprise and the Airport agreed to allow the employees at Cape Aviation to service Enterprise customers who had already established contracts and simply provide keys to contracted customers and collect keys upon their return. The attached agreement is an updated Concessionaire agreement that will still provide a service for airline passengers and general aviation customers at the Airport. FINANCIAL Il"ACT In the past the financial impact has varied from $4000 to $1800 based on volume. With the addition of car rental agencies and the increase in airline passengers as well as general aviation traffic it would be easy to assume the financial impact would increase over time. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS From a customer convenience perspective, this agreement provides a service for both, general aviation customers and scheduled air carrier passengers. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the Airport Manager to enter into the attached Concessionaire Agreement with vehicle rental service providers for the purpose of renting vehicles to users of the facilities, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: 13 2418 Agreement Airport_Concessionaire _Veichle_Rental .doc lResolution 13 2025.01.23.Airport.Car.Rental.Aereement.docx lAgreemed BILL NO. 25-18 RESOLUTION NO. A RESOLUTION AUTHORIZING THE AIRPORT MANAGER TO EXECUTE AGREEMENTS WITH VEHICLE RENTAL SERVICE PROVIDERS AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Airport Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute agreements with vehicle rental service providers, for vehicle rental services at the Cape Girardeau Regional Airport. Such agreements shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments therein as amended 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 Resolution. PASSED AND ADOPTED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk AIRPORT AGREEMENT THIS AIRPORT AGREEMENT (the "Agreement") is made to be effective as of , by and between the City of Cape Girardeau, Missouri, a home -rule city organized and existing under the laws of the State of Missouri, hereinafter referred to as "City," and , hereinafter referred to as "Operator," and supersedes all previous agreements between the parties on the subject of the operation of a nonexclusive automobile rental concession at the Cape Girardeau Regional Airport, located at 750 and 860 Rush H. Limbaugh Jr. Memorial Drive, Cape Girardeau, MO, 63701, herein referred to as "Airport." WHEREAS, the City owns and operates the Airport; WHEREAS, rental car services at the Airport are essential for proper accommodation of passengers arriving at and departing from the Airport and the provision of such services serves a public purpose; and WHEREAS, the Cape Girardeau City Council on adopted Resolution No. _ authorizing the City's Airport Manager to enter into an agreement with the Operator based upon certain terms and conditions covering the operation of a nonexclusive automobile rental concession at the Airport; NOW, THEREFORE, in consideration of the premises and mutual promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I. AUTHORIZATION The City hereby authorizes the Operator to operate a nonexclusive automobile rental concession at the Airport to the extent authorized in this Agreement. This authorization shall not be construed as a lease, sublease, rental agreement or license with respect to any real property owned by the City. It is understood and agreed that the Operator has no interest whatsoever in the real property upon which the concession is operated and no right to possession of any portion of the City's property located at the Airport or elsewhere. This Agreement is nonexclusive and the City shall maintain the right to enter into other agreement(s) with other operator(s) for rental vehicles and services at the Airport. ARTICLE II. EFFECTIVE DATE AND TERM The effective date of this Agreement is as of . Unless otherwise terminated as herein provided, the length of this Agreement shall be for a period of five (5) years unless terminated earlier by either the City or the Operator pursuant to the terms of this Agreement. ARTICLE III. FEES A. As consideration for the City authorizing the Operator to conduct a nonexclusive automobile rental concession at the Airport, Operator shall pay to the City a fee equal to five percent (5%) of gross receipts as hereinafter defined. B. Operator shall, within twenty (20) days after the close of each calendar month, furnish the City a monthly statement of gross receipts prepared in accordance with generally accepted accounting principles and certified by a responsible officer of Operator. These reports shall show such reasonable data and breakdown as may be required by the City and shall be accompanied by Operator's payment of the consideration due hereunder based upon five percent (5%) of gross receipts as defined in Paragraph C of this Article III. C. The term "gross receipts" as used herein shall be construed to mean the aggregate amount of all sales realized by the Operator from the rental of any and all motor vehicles to customers obtained at or from the Airport and shall include all the Operator's business done upon and within or from operating the concession, except as hereinafter provided. It shall include: 1. All time and mileage charges for the rental of vehicles hereunder, including all revenue derived by Operator from rental of vehicles delivered to a customer obtained from the Airport. 2. "Drop charges" charged to a customer renting a vehicle at the Airport but delivering same to another dealer at the destination point. 3. All monies paid for Personal Accident Insurance coverage incidental to the rental of vehicles at the Airport. 4. Credits given to the Operator's customers for such things as out-of-pocket purchases for gas, oil, or emergency service, and deposits regardless of where made. 5. Any revenues received where there is advance registration or reservation for any person at the Airport for a rental vehicle. D. Gross receipts shall not include: 1. Federal, state or municipal sales or similar taxes which are separately stated and collected from customers of the Operator. 2. Revenue realized by the Operator as reimbursement for refueling a vehicle rented pursuant to a rental agreement under which the customer is obligated to return the vehicle with a full tank of gasoline. 3. Sums received from customers of the Operator for collision damage waiver coverage. 4. Amounts received as insurance proceeds or otherwise for damages to vehicles and other property of the Operator. 5. Sums received for loss, conversion, or abandonment of Operator's vehicles. 6. Sums received from customers of Operator under its right to recover from its customers for damages to the rented vehicles. 7. Proceeds recovered by the Operator from the sale of its vehicles. E. No deductions shall be allowed from gross receipts for the payment of fees or taxes levied on the Operator's activities, facilities, equipment or real or personal property of the Operator. F. The Operator shall have the right to conduct part of its business on a credit basis; PROVIDED, HOWEVER, that the risk of such operation shall be borne solely by the Operator, and the Operator shall report all income, both cash and credit, in its monthly gross receipts statement to the City. G. The Operator shall keep true and accurate account records, books and data which shall, among other things, show all sales made and services performed for cash or credit or otherwise, without regard to whether paid or not, and, also the gross sales of said business and the aggregate amount of all sales and services and orders, and of all the Operator's business done upon and within or from operating the concession. H. The City and its agents shall have the right at all reasonable times and during all business hours to inspect and examine such records, cash registers, books and other data as required to confirm the gross sales as defined hereinabove. I. Within ninety (90) days after the end of each calendar year, Operator at its sole expense shall submit to the City a certified annual statement of gross receipts for that year. The certified annual statement shall consist of a statement of gross receipts, as defined in Paragraph C of this Article III, prepared in accordance with generally accepted accounting principles, with an audit report of that statement certified by a responsible officer of the Operator. In the event of an underpayment by the Operator, an amount equal to such payment shall be promptly paid by the Operator. In the event of an overpayment by the Operator, an amount equal to such payment shall be credited to future payments of the Operator. ARTICLE IV. BOOKS AND RECORDS A. Operator shall maintain records sufficient to meet the reasonable requests for information by the City in order to determine Operator's volume of business and activities by reason of this Agreement. B. The City or its designated representative shall have the right to examine, inspect and audit the books and other records of Operator, including the reservation register and contracts consummated in a manner and in such a way as complies with generally accepted accounting principles including, but not limited to statistical sampling. The City reserves the right to make the audit at any time. C. If the City shall not be satisfied with any audit findings conducted by it, the City shall serve notice upon Operator of such dissatisfaction with such audit findings. If Operator agrees with the City's audit findings, Operator shall within thirty (30) days after receipt of said notice shall pay all monies due to the City. If Operator does not agree with the City's findings, Operator shall, within sixty (60) days after receipt of said notice from the City, furnish to the City at Operator's expense an audit made by an independent Certified Public Accountant mutually agreeable to both parties. All expenses of the City's audit shall be paid by Operator if the report of Operator's retained auditor certifies the Operator has underpaid the City hereunder. The final audit of the independent Certified Public Accountant made as aforesaid shall be conclusive upon the parties, and Operator shall pay to the City, within thirty (30) days after a copy of the certified Public Accountant's final report has been delivered to Operator, the amount, if any, shown thereby to be due and owing the City. The failure of Operator to make payment to the City within this thirty (30) day period shall constitute a material breach of this Agreement and shall give cause to the City for immediate termination thereof. D. The City reserves the right to prescribe or change reporting formats to be submitted by the Operator, their method and time of submission, however, the City shall first submit to Operator in writing specifics of any desired changes. E. It is the intent and purpose of the foregoing provisions that: 1. The Operator shall keep and maintain records which will enable the City as well as Operator to ascertain and determine clearly and accurately the share of gross receipts payable by Operator to the City; 2. The program to be prescribed for the method of reporting gross receipts will be adequate to provide a control and test check of all revenues derived from operations conducted by Operator under authority of this Agreement. ARTICLE V. GENERAL OBLIGATIONS A. The Operator shall provide the City pre -filled rental contract(s) with the authorized name(s) of the individual(s) renting vehicle(s) at the Airport along with the corresponding key(s) in advance of the authorized individuals' arrival at the Airport. In the absence of a pre -filled contract, the City's Airport Manager is authorized to approve the Operator to submit authorized individuals' names and identifying information in a format approved by said Manager. B. The City may authorize the Operator, in the City's sole discretion, to install at the Airport certain signage approved by the City's Airport Manager relating to the Operator's services. Upon termination of this Agreement or as directed by the City, all signage which the Operator may install during the term of this Agreement shall be removed within fifteen (15) days from the date of termination or direction. The Operator shall, within said period of time, repair the wall or location of such signage so that it is in as good condition as it was at the time this Agreement was entered into, normal wear and tear excepted. C. In connection with each rental transaction at the Airport and prior to the City providing key(s) to authorized individual(s), the City shall inspect the authorized individual(s)' driver's license to attempt to verify the authorized individual(s)' identity matches the name(s) provided by the Operator. The City shall communicate to the authorized individual(s) to return the key(s) to the designated location for such at the Airport as appropriate. The City shall refuse to provide a key and refuse to proceed with the rental transaction if the authorized individual appears to the City to be under the influence of alcohol or drugs or if the individual appears in the discretion of the City to otherwise be incapable of operating a motor vehicle safely. D. The Operator shall provide rental vehicles that shall be parked by the Operator at the Airport in close proximity to the Airport Terminal or in a location as may be directed by the City's Airport Manager and the Operator assumes all risk for any damage, loss or injury. E. The City shall use reasonable efforts to secure vehicle keys supplied by the Operator, but are in no way liable for any lost or stolen keys. F. If the City's Airport Manager becomes aware of any damage, injury, or accident involving a rental vehicle rented from, returned to, or parked at the Airport by the Operator, said Manager shall report such to the Operator. If the City's Airport Manager becomes aware of any theft or disappearance of a rental vehicle parked at the Airport by the Operator, said Manager shall report such to the Operator. G. If the City enters into agreements for other operators for rental vehicles or services at the Airport, the City shall not recommend any particular operator over another to customers or potential customers. H. Operator shall comply, at its own cost and expense with all applicable federal, state or local laws, ordinances, rules or regulations now in effect or hereafter promulgated. Operator shall not use or suffer or permit any person to use any portion of the Airport utilized by it under this Agreement for any purpose not in compliance with said laws, rules or regulations. Any violation of this Paragraph by Operator shall be construed as a material breach of this Agreement, authorizing the termination thereof at the election of the City, unless Operator, upon receipt of written notice, takes immediate remedial measures acceptable to the City. ARTICLE VI. DELINQUENT FEES Without waiving any other right or action available to the City, in the event of default in payment of any of the fees owed the City by the Operator pursuant to the Agreement, if Operator is delinquent for a period of thirty (30) days or more in paying to the City then the Operator shall pay to the City interest thereon at the rate of ten percent (10%) per annum from the date such item was due and owing until full payment has been made. ARTICLE VII. INDEMNIFICATION Operator hereby agrees to indemnify and save harmless the City and its elected or appointed officials, agents, boards, commission, employees and representatives, hereinafter referred to as the City, from all suits, including attorneys' fees and costs of litigation, actions, loss, damage, expense, cost or claims, of any character or any nature arising out of or in connection with any act or omission of the Operator, its agents and employees, and of any subcontractor, its agents and employees, in any way arising out of or resulting from any activity of Operator relating to this Agreement or acts in connection thereto which results directly or indirectly in the injury to or death of any person or persons, or on account of any act, claim or amount arising or recovered under Worker's Compensation law, or arising out of the failure of the Operator or those acting under Operator to conform to any statutes, ordinance, regulation, law or court decree. It is the intent of the Operator and the City that the City shall, in all instances, except for willful misconduct of the City, be indemnified by the Operator against all liability, losses and damages of any nature whatever for or on account of any injuries to or death of persons or damages to or destruction of property belonging to any person arising out of or in any way connected with Operator's activity relating to this Agreement or acts in connection thereto. The parties shall give each other prompt notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect each other, and each party shall have the right to compromise and defend the same to the extent of its own interest. The City shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of the City's selection without relieving the Operator of any obligations hereunder. Operator's obligations hereunder shall survive any termination of this Agreement or Operator's activities on the Airport. In addition, Operator shall hold City harmless against all mechanic's, materialman's liens and/or liens of a like nature, and against all reasonable attorneys' fees and other costs arising by reason of any such liens or claims. IN NO EVENT SHALL THE LANGUAGE OF THIS AGREEMENT CONSTITUTE OR BE CONSTRUED AS A WAIVER OR LIMITATION OF THE CITY'S RIGHTS OR DEFENSES WITH REGARD TO APPLICABLE SOVEREIGN, GOVERNMENTAL, OR IMMUNITIES AND PROTECTIONS AS PROVIDED BY FEDERAL OR STATE CONSTITUTION OR LAW. ARTICLE VIII. TERMNIATION Either party may terminate this Agreement without cause. The termination date will be effective by providing written notice to the other party at least thirty (30) days prior to said termination date. Such right of termination shall be in addition to any other remedies the City may have at law or in equity concerning delinquency or nonpayment of fees owed the City by the Operator. ARTICLE IX. WAIVER OF PERFORMANCE The failure of the City to insist in any instance or in more than one instance upon a strict performance by the Operator of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in this Agreement shall not be considered as a waiver or relinquishment thereof for the future. No waiver by the City of any provision, term, covenant, reservation, condition or stipulation contained in this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. ARTICLE X. INDEPENDENT CONTRACTOR It is further mutually understood and agreed that nothing herein contained is intended or shall be construed as in any way relating or establishing the relationship of copartners between the parties hereto or as constituting the Operator as the agent or representative or employee of the City for any purpose or in any manner whatsoever. ARTICLE XI. INVALID PROVISIONS It is further expressly understood and agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided that the invalidity of such covenant, condition or provision does not materially prejudice either Operator or City in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. ARTICLE XII. CHOICE OF LAW; VENUE; WAIVER OF OBJECTIONS This Agreement and its performance shall be deemed to have been fully executed, made by both the Operator and the City in, and governed by and construed in accordance with the laws of the State of Missouri and to be performed wholly within such state, without regard to choice or conflict of laws provisions. Both the Operator and the City hereto each agree that any action at law, suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Cape Girardeau County, Missouri and waive any objection based upon venue or forum non conveniens or otherwise. ARTICLE XIII. SUCCESSORS AND ASSIGNS The City and Operator each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in this Agreement. ARTICLE XIV. NOTICE Notices to the City are sufficient if hand delivered or sent by certified mail, postage prepaid, addressed to: Cape Girardeau Regional Airport Attn: Airport Manager 750 Rush H. Limbaugh Jr. Memorial Drive Cape Girardeau, MO 63701 and notices to Operator are sufficient if sent by the same means to: [Name and Address of company]. or to such other respective addresses as the parties may later designate to each other in writing. ARTICLE XV. PARAGRAPH HEADINGS All the paragraph and subparagraph headings of this Agreement are for reference only and shall not be considered to define or limit the scope of any provision. ARTICLE XVI. APPROVALS CONSENTS AND NOTICES All approvals, consents and notices called for in this Agreement must be in writing and may not be established by oral testimony. ARTICLE XVII. ATTORNEYS' FEES In the event of litigation between the City and Operator to enforce the rights or obligations provided by this Agreement the nonprevailing party shall pay for the prevailing party's reasonable attorneys' fees and costs of litigation as may be determined by the court. ARTICLE XVIII. FEDERAL WORK AUTHORIZATION Simultaneously with the execution of this Agreement, the Operator will provide the City with an affidavit and documentation meeting the requirements of Section 285.530 of the Revised Statutes of Missouri. ARTICLE XIX. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument. ARTICLE XX. ANTI -DISCRIMINATION AGAINST ISRAEL Pursuant to Section 34.600 of the Revised Statutes of Missouri, the Operator certifies it is not currently engaged in and will not, for the duration of this Agreement, engage in a boycott of goods or services from (a) the State of Israel, (b) companies doing business in or with the State of Israel or authorized by, licensed by, or organized under the laws of the State of Israel, or (c) persons or entities doing business in the State of Israel. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and the City has caused its seal to be affixed hereto and attested as of the date first written above. (SEAL) ATTEST: By: Name: Title: Gayle L. Conrad City Clerk CITY OF CAPE GIRARDEAU, MISSOURI By: Name: Title: JoJo Stuart Airport Manager (Operator Name) By: Name: Title: Staff: Jake Garrard, PE, City Engineer Agenda: 2/18/2025 SUBJECT A Resolution authorizing the City Manager to execute a License and Indemnity Agreement with QUANTUM SLACKS, LLC for installation of a projecting, double sided, illuminated, circle sign at 1129 Broadway in the City of Cape Girardeau, Missouri. EXECUTIVE SUMN ARY The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities assumed by QUANTUM SLACKS, LLC, owner of the property addressed as 1129 Broadway, being the Pagliai's Pizza & Pasta, for a projecting, double sided, illuminated, circle sign, that projects over the Broadway public right of way. BACKGROUND/DISCUSSION The property owners at 1129 Broadway, QUANTUM SLACKS, LLC, have presented plans to the City of Cape for a projecting, double sided, illuminated, circle sign that hangs off the face of the Pagliai's Pizza & Pasta into the Broadway public right of way. The sign is 4' in diameter, projects 51 '/2" inches over the right of way, and sits 10 feet above the sidewalk. STAFF RECOMMIENDATION Staff recommends approval of the attached Resolution authorizing the City Manager to execute a License and Indemnity Agreement to place certain improvements in the Broadway public right of way for the Pagliai's Pizza & Pasta at 1129 Broadway in the City of Cape Girardeau, Missouri. ATTACHMENTS: Name: Descdption: D 2419 License and Indenmity 1129 Broadway.doc Resolution D L I Paeliai s - Projecting Sian Over Public Sidewalk 1129 Broadway,pdf License and Indemnity Agreement BILL NO. 25-19 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH QUANTUM SLACKS, LLC, TO PLACE CERTAIN IMPROVEMENTS AT 1129 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 License and Indemnity Agreement with Quantum Slacks, LLC, for installation of a projecting illuminated double -sided circle sign overhanging the public sidewalk adjacent to 1129 Broadway, in the City of Cape Girardeau, Missouri. 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 Resolution. PASSED AND ADOPTED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered into by and between QUANTUM SLACKS, LLC, a Missouri Limited Liability Company, hereinafter referred to as the "Licensee", and the CITY OF CAPE GIRARDEAU, a Municipal Corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as the "City". The Licensee and the City collectively are hereinafter referred to as the "Parties". WHEREAS, the Licensee desires to place certain improvements and/or conduct certain activities in or on the public right-of-way or other property owned or controlled by the City, hereinafter referred to as the "City Property"; and WHEREAS, the City has prepared this Agreement for the purposes of granting permission to the Licensee to place said improvements and/or conduct said activities in or on the City Property, subject to certain conditions contained herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties do hereby state, acknowledge, and agree as follows: The City hereby grants the Licensee permission for the following improvements and/or activities: to install, operate, and to maintain a projecting illuminated double -sided circle sign. This sign extends 51 %2" over the public right of way from the face of the building and will sit 10' above the sidewalk. The sign is 4' in diameter. This frontage improvement extends into the public right-of-way adjacent to the Licensee's property located at 1129 Broadway in the City and County of Cape Girardeau, Missouri, said improvements and/or activities being more particularly described and/or depicted in the attached Exhibits, which are made a part hereof as though fully set out herein. 2. The Licensee hereby assumes all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses, or leaves the City Property, which may' occur directly or indirectly as a result of the placement of said improvements and/or the conduct of such activities in or on the City Property. 3. The Licensee hereby releases the City, its officers, employees, agents, servants, and assigns from any liability resulting from the placement of said improvements and/or the conduct of such activities in or on the City Property. 4. The Licensee hereby indemnifies and holds harmless the City, its officers, employees, agents, servants, and assigns from all suits and actions of every name and description brought against the same, for or on account of any injuries or damages received or sustained by any party or parties or alleged to be received or sustained by any party or parties that may result directly or indirectly from the placement of said improvements and/or the conduct of such activities in or on the City Property. 5. The Licensee hereby agrees to keep said improvements in a state of good repair and to cooperate with the City by making necessary repairs as requested by the City so as to protect and preserve the public health and safety. 6. The Licensee hereby agrees that it will not maintain in or on the City Property any hazardous or toxic waste or substances, as defined under all applicable federal, state, and local environmental laws, including, but not limited to: hazardous waste as defined in the Resource Conservation and Recovery Act of 1976, as amended (hereinafter referred to as "RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act, as amended (hereinafter referred to as "CERCLA"), and toxic substances as defined in the Toxic Substances Control Act, as amended (hereinafter referred to as "TSCA"). Any operations in or on the City Property shall not be in violation of any laws, regulations, ordinances, statutes, orders, or decrees of any governmental body, arbitration tribunal, or court, including, without limitation, RCRA, CERCLA, TSCA, and all regulations thereunder. There shall be no conduct of business in or on the City Property that constitutes a violation of environmental laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. 7. Neither this Agreement, nor any portion thereof, nor any actions of the City in granting permission to place said improvements and/or conduct said activities in or on the City Property, shall be construed to give the Licensee any irrevocable rights with respect thereto. The City reserves the right to terminate this Agreement and to order the removal of said improvements and/or the cessation of said activities, at the Licensee's cost, for any reason. In such event, the Licensee agrees to remove said improvements and/or cease said activities within a reasonable period of time as determined by the City. Should the Licensee fail to 'remove said improvements and/or cease said activities within said period of time, the City shall have the right to cause said improvements to be removed and/or said activities to be stopped, and any costs incurred by the City in doing so shall be paid by the Licensee. Should the Licensee fail to pay the City for said costs, the City shall have the right to issue a special tax bill, which shall be a lien against the Licensee's property referenced herein. 8. This Agreement shall be a continuing obligation running with the land, and shall bind the Licensee and any heirs, executors, administrators, successors, assigns, and legal representatives of the Licensee. This Agreement shall be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be of record. (Remainder of this page intentionally left blank) K IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of V-IAd , 20 Z<. QUA TU SLACKS, LLC Signature (fie tx4 ei Printed Namo3and Title STATE OF ) SS. COUNTY OF C t- On this day of202;5 , before meersonally appeared , f g L t)&= �U kkmt who did state that they are the v 1 of QUANTUM SLACKS, LLC, a Missouri Limited Liability Company, and that they executed the foregoing instrument as the free act and deed of said Limited Liability Company for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. -a-�- --- 25, " Notary Public Signature l0.604 a') 9.1.1 -DR W00r,> Notary Public Printed Name My Commission. Expires: THOMAS SHERWOOD Notary Public - Notary Seat Cape Girardeau County • State of Missouri Commission Number 24548655 My.Commission Expires May 12, 2028 IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of , 20 CITY OF CAPE GIRARDEAU Dr. Kenneth Haskin, City Manager ATTEST: Signature Printed Name and Title STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me personally appeared Dr. Kenneth Haskin, City Manager of the City of Cape Girardeau, a Municipal Corporation organized and existing under the laws of the State of Missouri, known by me to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. My Commission Expires: Notary Public Signature Notary Public Printed Name F. Staff: Police/Chief Adam Glueck Agenda: 2/18/2025 SUBJECT Highway Safety and Traffic Division reimbursement grant for DWI enforcement. EXECUTIVE SUMMARY This grant will reimburse the City of Cape Girardeau up to $7,000.00 in overtime expenses for officers to conduct DWI enforcement patrols between October 01, 2025 and September 30, 2026. BACKGROUND/DISCUSSION The MODOT Highway Safety and Enforcement Grant is an annual grant awarded to the City of Cape Girardeau for DWI enforcement. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Driving while intoxicated has related safety impacts to the citizens of Cape Girardeau. Acceptance of this grant will facilitate the decrease in offenses that occur within the city limits. STAFF RECOMMENDATION Staff recommends acceptance of this grant. ATTACHMENTS: Name: Description: D 25-20 MoDot DWI Fnforcernent.docx Resolution D DWLndf DWI BILL NO. 25-20 RESOLUTION NO. A RESOLUTION AUTHORIZING A GRANT APPLICATION TO MODOT FOR DWI ENFORCEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a grant application to MoDot for DWI enforcement and is further authorized to execute all necessary grant documents, summaries of said application is attached to this Resolution and made a part hereof. 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 Resolution PASSED AND ADOPTED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk On ow Highway Safety and Traffic Division P.O. Box 270 Jefferson City, MO 65102 1-800-800-2358 or 573-751-4161 CITY COUNCIL AUTHORIZATION 20 the Council of held a meeting and discussed the City's participation in Missouri's Highway Safety Program. It is agreed by the Council that the City of will participate in Missouri's Highway Safety Program. It is further agreed by the Council that the Chief of Police will investigate the financial assistance available under the Missouri Highway Safety Program for Traffic Enforcement and report back to the Council his/her recommendations. When funding through the Highway Safety Division is no longer available, the local government entity agrees to make a dedicated attempt to continue support for this traffic safety effort. Council Member Council Member Council Member Council Member Mayor Council Member Council Member Council Member Council Member Divi ion Highway Safety and Traffic Division Highway szreysna Traffic Box 270 p�� DCDOF—It— J Y Y McDeox2ro ! ' 1 �„�✓ ! TRAFFIC ENFORCEMENT APPLICATION 630 MoDOT Drive October 01. 2025 throuah September 30. 2026 Jefferson City, MO 65102 (Application due by March 01, 2025) Agency: Cape Girardeau Police Dept. Agency ORI#: M00160100 Address: 2530 Maria Louise Lane Federal Tax ID#: 436000593 DUNS #: LIRQMKMJYF76 state: MO Zip: 63701 County: Cape Girardeau City: Cape Girardeau Phone: 573-335-6621 Contact: Sgt. Brad Neels Jurisdiction: Rural Targeted Population: Impaired Drivers Fax: 573-335-8571 Email: bneels@cityofcapegirardeau.org Jurisdiction Population: 35,596 Project activity for which your agency Is requesting funding: impaired Driving Project Title: Impaired Driving Enforcement Brief Description: DWI Enforcement Patrol Brad Neels Authorizing Official Requested Amount: yr.,VVU.UU SGT Authorizing official Title Page 1 of 11 Authorizing Official Signature PROBLEM IDENTIFICATION Per the FY24-26 Triennial Highway Safety Plan, substance -impaired drivers contributed to 22% of Missouri's traffic crash fatalities during the past five years. Alcohol remains the primary contributor to substance -Impaired driving crashes; however, the number of persons under the Influence of prescription medications and/or Illicit drugs has increased significantly over the past decade. With recreational marijuana now legal In Missouri, there are concerns this trend will continue. Male drivers were more likely than females to be Involved In substance-impalred driving crashes. During the past five years, males were responsible for 81.7% of substance-impalred driving fatalities. Ten percent of the children less than 15 years of age, who were killed in motor vehicle crashes over the last five years, were riding with a substance -impaired driver. Depending on the jurisdiction, impaired driving offenses In Missouri are prosecuted differently. Prosecutors and Judges may not always be aware of the severity of the Impaired driving problem or how to best provide treatment for an offender. During the calendar year of 2024, there were 1629 motor vehicles crashes In the City of Cape Girardeau. Of those crashes, 44 drivers were impaired by alcohol and 6Involved drivers were impaired by drugs. The high crash times for the City of Cape Girardeau are Monday through Friday from approximately 7:00 A.M. to 6:00 P.M. There were 1,371 crashes Involving property damage, 238 crashes involving injuries, and 2 fatal accidents. This caused an estimated $40,415,400.00 in economic loss to the citizens of Cape Girardeau. In the calendar year of 2024, the Cape Girardeau Police Department made 137 arrests for the offense of driving Impaired. Of those 137 arrests, 49 were involved In a motor vehicle crash. The Cape Girardeau Police Department also wrote 261 speeding tickets in 2024 which Included a total of 545 HMV violation citations. Page 2 of 11 GOALS/OBJECTIVES As outlined In the FY24-26 Triennial Highway Safety Plan, Core Performance Measure Goal: Based on a goal of 0 fatalities by 2030, Missouri is setting a five-year average alcohol -involved fatality target of 232.6 by December 31, 2026. Reduce drunk and drugged driving In Cape Girardeau, particularly the number of repeat Impaired offenders, making our roadways safe. To raise the perception among impaired drivers that they will be stopped and Investigated for impaired driving . Page 3 of 11 PROJECT DESCRIPTION Have officer(s) for extra patrol for mainly Thursday, Friday and Saturday (but not limited to these days of the week) nights from 6:00 P.M. to 3:00 A. M. The dates may vary depending on special events or holidays throughout the calendar year. With officers working a minimum of 2 hours and a maximum of 4 hours. Dedicated solely to enforcing city and state traffic laws, specifically DWI. Page 4 of 11 SUPPLEMENTAL INFORMATION Question You must dnswer the following questions. 1 Does your agency have and enforce a safety belt policy for all employees/personnel? Yes 2 Does your agency have and enforce a policy restricting cell phone use while driving? Yes 3 Does your agency report racial profiling data annually? Yes 4 Does your agency report to MOCARS? Yes 5 Does your agency report MIBRS information annually? Yes 6 Please explain any NO answer(s) to questions 1-5: 7 Does your agency have adequate manpower to fully perform the activities, expend the funds Yes requested, and to submit vouchers on a monthly and/or quarterly basis in this application? 8 If NO, please explain. 9 Have any significant changes occurred with your agency within the last year that would affect No performance, including personnel or system changes? 10 If YES, please explain. 11 Are you aware of any fraud, waste or abuse on grant projects in your office/agency within the No last 5 years? 12 If YES, please explain. 13 Have any of your officers/personnel been debarred and are therefore not eligible to receive No federal funds for reimbursement of salary, fringe benefits, or overtime? 14 If your agency received Highway Safety grant funding in the last three (3) fiscal years and there were unexpended balances, please explain why. Due to some manpower Issues and a lack of interest among officers, we have had some unexpended balances for DWI Patrol, however we used all of the money for the last cycle and are on track to use all of 2025's DWI Patrol money. 15 Did your political entity receive more than 80% of Its annual gross revenues in Federal Awards No in your preceding fiscal year? 16 Did your political entity receive $25,000,000 or more in Federal Awards in your preceding fiscal No year? Page 5 of 11 17 If you answered NO to either question 15 and 16, DO NOT answer this question. If you answered YES to both question 15 and 16, and the public does not have access to this information, list the names and compensation amounts of the five most highly compensated employees In your business or organization (the legal entity to which the UEI number It provided belongs). AVINITY. ... ._ 18 Total number of DWI violations written by your agency. 137 19 Total number of speeding citations written by your agency. 261 20 Total number of HMV citations written by your agency. 545 21 Total number of child safety/booster seat citations written by your agency. 4 22 Total number of safety belt citations written by your agency. 79 23 Total number of warnings issued. 0 24 Total number of traffic crashes. 1629 25 Total number of traffic crashes resulting in a fatality. 2 26 Total number of traffic crashes resulting in a serious injury. 238 27 Total number of speed -related traffic crashes. 158 28 Total number of speed -related traffic crashes resulting in a fatality. 0 29 Total number of speed -related traffic crashes resulting in a serious injury. 29 30 Total number of alcohol-related traffic crashes. 44 31 Total number of alcohol-related traffic crashes resulting In a fatality. 0 32 Total number of alcohol-related traffic crashes resulting in a serious injury. 9 33 Total number of unbuckled fatalities. 1 34 Total number of unbuckled serious Injuries. 5 I Enter Xour agency's Information below., - 35 Total number of commissioned law enforcement officers. 74 36 Total number of commissioned patrol and traffic officers. Page 6 of 11 41 37 Total number of commissioned law enforcement officers available for overtime enforcement. 71 38 Total number of vehicles available for enforcement. 92 39 Total number of radars/lasers. 41 40 Total number of in -car video cameras. 0 41 Total number of PBTs and/or oral fluid testing devices. Please indicate the number of each type of instrument. 16 PBTS 42 Total number of Breath Instruments. 2 Thofollowing information explains the strategies your agency will use to address the traffic crash problem. This Information is considered to be the Project Description and, should be specific to the crash problem. 43 Identify primary enforcement locations. Anywhere in the city limits of Cape Girardeau with an emphasis on the downtown area where most of the bars are located 44 Enter the number of enforcement periods your agency will conduct each month. 16 45 Enter the months in which enforcement will be conducted. October through September 46 Enter the days of the week in which enforcement will be conducted. Primarily (but not limited too) Thursday, Friday, and Saturday, with the exception of some special events periodically throughout the year. 47 Enter the time of day in which enforcement will be conducted. Primarily 2000 hours to 0200 hours with the exception of some special events periodically throughout the year. 48 Enter the number of officers assigned during the enforcement period. 1 49 If equipment or supplies are requested to conduct this project, explain below why it is needed and how it will be used. None Page 7 of 11 PROJECT EVALUATION The MHTC will administratively evaluate this project. Evaluation will be based, at a minimum, upon the following: 1. Law enforcement compliance with state UCR, Racial Profiling, and MOCARS reporting requirements (law enforcement contracts only) 2. Timely submission of monthly reimbursement vouchers and appropriate documentation to support reimbursement for expenditures (Le., personal services, equipment, materials) 3. Timely submission of periodic reports (i.e., monthly, quarterly) as required 4. Timely submission of the Year End Report of activity (due within 30 days after contract completion date) 5. Attaining the Goals set forth In this contract 6. Accomplishing the Objectives* established to meet the project Goals, such as: Enforcement activities (planned activities compared with actual activities) Programs (number and success of programs held compared to planned programs, evaluations if available) Training (actual vs. anticipated enrollment, student evaluations of the class, student test scores on course examinations, location of classes, class cancellation information) Equipment purchases (timely purchase of equipment utilized to support and enhance the traffic safety effort; documentation of equipment use and frequency of use) Public awareness activities (media releases, promotion events, or education materials produced or purchased) Other (any other information or material that supports the Objectives) 7. The project will be evaluated by the Highway Safety and Traffic Division through annual crash analysis Evaluation results will be used to determine: The success of this type of activity in general and this particular project specifically; Whether similar activities should be supported in the future; and Whether grantee will receive funding for future projects Evaluate the total number of DWI arrests before the directed saturation patrol for the past two years. After the saturation patrol, compare the number of arrests for DWI to see if this project has an effect on drinking and driving . Page 8 of 11 ADDITIONAL FUNDING SOURCES Safe Communities/ TRACTION Approx. $350,000.00 Oct 1st 2024 to Sept 30 2025 Page 9 of 11 BUDGET Page 10 of 11 Total Category Item Description Quantity Unit Cost Total Match Requested Personnel Enforcement DWI PATROL 1 $7,000.00 $7,000.00 $0.00 $7,000.00 Hours and/or ENFORCEMENT Fringe HOURS PAID AT DOUBLE TIME RATE $7,000.00 $0.00 $7,000.00 Total Contract $7,000.00 $0.00 $7,000.co Page 10 of 11 ATTACHMENTS Document Tvne Description Oriainal File Name Date Added Page 11 of 11 Staff: Police/Chief Adam Glueck Agenda: 2/18/2025 SUBJECT Highway Safety and Traffic Division reimbursement grant for Hazardous Moving Violation enforcement. EXECUTIVE SUMMARY This grant will reimburse the City of Cape Girardeau up to $15,000.00 in overtime expenses for officers to conduct hazardous moving violations enforcement patrols between October 01, 2025 and September 30, 2026. BACKGROUND/DISCUSSION The MoDOT Highway Safety and Enforcement Grant is an annual grant awarded to the City of Cape Girardeau for Hazardous Moving Violation enforcement. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Hazardous moving violations have related safety impacts to motorists on the roads of Cape Girardeau. Acceptance of this grant will facilitate the decrease in offenses that occur within the city limits. STAFF RECOMMENDATION Staff recommends acceptance of this grant. ATTACHMENTS: Name: Description: 13 25-21 MoDot Hazardous MovingViolation Fnforcernent.docx Resolution 13 HMV.pdf HMV BILL NO. 25-21 RESOLUTION NO. A RESOLUTION AUTHORIZING A GRANT APPLICATION TO MODOT FOR HAZARDOUS MOVING VIOLATION ENFORCEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a grant application to MoDot for hazardous moving violation enforcement and is further authorized to execute all necessary grant documents, summaries of said application is attached to this Resolution and made a part hereof. 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 Resolution PASSED AND ADOPTED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk On t-1 -M V Highway Safely and Traffic Division P.O. Box 270 Jefferson City, MO 65102 1-800-800-2358 or 573-751-4161 CITY COUNCIL AUTHORIZATION 20 the Council of held a meeting and discussed the City's participation in Missouri's Highway Safety Program. It is agreed by the Council that the City of will participate in Missouri's Highway Safety Program. It is further agreed by the Council that the Chief of Police will investigate the financial assistance available under the Missouri Highway Safety Program for Traffic Enforcement and report back to the Council his/her recommendations. When funding through the Highway Safety Division is no longer available, the local government entity agrees to make a dedicated attempt to continue support for this traffic safety effort. Council Member Council Member Council Member Council Member Mayor Council Member Council Member Council Member Council Member �-- Highway Safety and Traffic Division 1:3TRAFFIC ENFORCEMENT APPLICATION +� October 01, 2025 through September 30, 2026 (Application due by March 01, 2025) Agency: Cape Girardeau Police Dept. Agency ORI#: Address: 2530 Maria Louise Lane Federal Tax ID#: DUNS #: City: Cape Girardeau Phone: 573-335-6621 Contact: Sgt. Brad Neels Jurisdiction: Rural Targeted Population: All Drivers Highway Safety and Traffic Division P.O. Box 270 830 MoDOT Drive Jefferson City, MO 65102 M00160100 436000593 L 1 RQMKMJYF76 State: MO Zip: 63701 County: Cape Girardeau Fax: 573-335-8571 Email: bneels@cityofcapegirardeau.org Jurisdiction Population: 35,596 Project activity for which your agency Is requesting funding: Hazardous Moving Violation Project Title: HMV Enforcement Brief Description: Enforcement Brad Neels Authorizing Official Requested Amount: $15,000.00 Sergeant Authorizing Official Title Page 1 of 11 Authorizing Official Signature PROBLEM IDENTIFICATION Per the FY 24-26 Triennial Highway Safety Plan, during the last 5 years, no behavior on Missouri roadways has contributed to traffic fatalities as frequently as speed and aggressive driving. From 2017-2021, there were 2,547 fatalities Involving a speeding or aggressive driver, accounting for 53% of all traffic fatalities. Speed and aggressive driving are cited in fatal crash reports as a contributing circumstance more than twice as often as impaired driving, and feedback and citation data from law enforcement agencies Indicate speeds are up significantly during the last 3 years. During the calendar year of 2024, there were 1629 motor vehicles crashes In the City of Cape Girardeau. Of those crashes, 44 drivers were impaired by alcohol and 6 drivers were Impaired by drugs. The high crash times for the City of Cape Girardeau are Monday through Friday from approximately 7:00 A.M. to 6:00 P.M. There were 1,371 crashes Involving property damage, 238 crashes involving injuries, and 2 fatal accidents. This caused an estimated $40,415,400.00 In economic loss to the citizens of Cape Girardeau. In the calendar year of 2024, the Cape Girardeau Police Department made 137 arrests for the offense of driving impaired. Of those 137 arrests, 49 were involved In a motor vehicle crash. The Cape Girardeau Police Department also wrote 261 speeding tickets In 2024 which Included a total of 545 HMV violation citations. Page 2 of 11 GOALS/OBJECTIVES As outlined in the FY24-26 Triennial Highway Safety Plan, Core Performance Measure Goals: Based on a goal of 0 fatalities by 2030, Missouri Is setting a five-year average fatality target of 897.6 by December 31, 2026 Based on a goal of 0 serious injuries by 2040, Missouri is setting a five-year average serious Injury target of 4,486.1 by December 31, 2026. Based on a goal of 0 fatalities by 2030, Missouri Is setting a five-year average speed related fatality target of 293.8 by December 31,2026. Develop and implement a plan that focuses on hazardous moving violations (such as speeding, following too closely, driving too fast for conditions, signal violations, Improper lane changes, and failure to yield the right of way) at high crash locations and corridors. Page 3 of 11 PROJECT DESCRIPTION To schedule proactive traffic enforcement patrols during June, July, August and September in either 2,3, or 4 hour blocks between 6:00 A.M. and 8:00 P.M., dedicated solely to enforcing city and state traffic laws. Page 4 of 11 SUPPLEMENTAL INFORMATION 1 Does your agency have and enforce a safety belt policy for all employees/personnel? Yes 2 Does your agency have and enforce a policy restricting cell phone use while driving? Yes 3 Does your agency report racial profiling data annually? Yes 4 Does your agency report to MOCARS? Yes 5 Does your agency report MIBRS information annually? Yes 6 Please explain any NO answer(s) to questions 1-5: 7 Does your agency have adequate manpower to fully perform the activities, expend the funds Yes requested, and to submit vouchers on a monthly and/or quarterly basis in this application? 8 If NO, please explain. 9 Have any significant changes occurred with your agency within the last year that would affect No performance, Including personnel or system changes? 10 If YES, please explain. 11 Are you aware of any fraud, waste or abuse on grant projects in your office/agency within the No last 5 years? 12 If YES, please explain. 13 Have any of your officers/personnel been debarred and are therefore not eligible to receive No federal funds for reimbursement of salary, fringe benefits, or overtime? 14 If your agency received Highway Safety grant funding in the last three (3) fiscal years and there were unexpended balances, please explain why. Due to some manpower Issues and a lack of interest among officers, we have had some unexpended balances for DWI Patrol, however we used all of the money for the last cycle and are on track to use all of 2025's DWI Patrol money 15 Did your political entity receive more than 80% of its annual gross revenues In Federal Awards No In your preceding fiscal year? 16 Did your political entity receive $25,000,000 or more in Federal Awards in your preceding fiscal No year? Page 5 of 11 17 If you answered NO to either question 15 and 16, DO NOT answer this question. If you answered YES to both question 15 and 16, and the public does not have access to this information, list the names and compensation amounts of the five most highly compensated employees in your business or organization (the legal entity to which the UEI number It provided belongs). 18 Total number of DWI violations written by your agency. 137 19 Total number of speeding citations written by your agency. 261 20 Total number of HMV citations written by your agency. 545 21 Total number of child safety/booster seat citations written by your agency. 4 22 Total number of safety belt citations written by your agency. 79 23 Total number of warnings issued. 0 24 Total number of traffic crashes. 1629 25 Total number of traffic crashes resulting in a fatality. 2 26 Total number of traffic crashes resulting in a serious injury. 238 27 Total number of speed -related traffic crashes. 158 28 Total number of speed -related traffic crashes resulting in a fatality. 0 29 Total number of speed -related traffic crashes resulting in a serious injury. 29 30 Total number of alcohol-related traffic crashes. 44 31 Total number of alcohol-related traffic crashes resulting In a fatality. 0 32 Total number of alcohol-related traffic crashes resulting in a serious injury. 9 33 Total number of unbuckled fatalities. 1 34 Total number of unbuckled serious injuries. 5 35 Total number of commissioned law enforcement officers. 74 36 Total number of commissioned patrol and traffic officers. 41 Page 6 of 11 37 Total number of commissioned law enforcement officers available for overtime enforcement. 71 38 Total number of vehicles available for enforcement. 92 39 Total number of radars/lasers. 41 40 Total number of in -car video cameras. 0 41 Total number of PBTs and/or oral fluid testing devices. Please indicate the number of each type of instrument. 16 PBTS 42 Total number of Breath Instruments. 2 43 Identify primary enforcement locations. Areas In the city limits of Cape Girardeau. More specifically areas of high traffic Involving a high number of crashes and any areas where we recleve citizen complaints Involving a nature of HMV violations. (Speeding, signal and sign violations, etc) 44 Enter the number of enforcement periods your agency will conduct each month. 60 45 Enter the months in which enforcement will be conducted. From June through Sept 46 Enter the days of the week in which enforcement will be conducted. Monday through Sunday 47 Enter the time of day in which enforcement will be conducted. 0600 hours to 2000 hours 48 Enter the number of officers assigned during the enforcement period. 49 If equipment or supplies are requested to conduct this project, explain below why it is needed and how it will be used. None Page 7 of 11 E PROJECT EVALUATION The MHTC will administratively evaluate this project. Evaluation will be based, at a minimum, upon the following: 1. Law enforcement compliance with state LICR, Racial Profiling, and MOCARS reporting requirements (law enforcement contracts only) 2. Timely submission of monthly reimbursement vouchers and appropriate documentation to support reimbursement for expenditures (i.e., personal services, equipment, materials) 3. Timely submission of periodic reports (i.e., monthly, quarterly) as required 4. Timely submission of the Year End Report of activity (due within 30 days after contract completion date) 5. Attaining the Goals set forth In this contract 6. Accomplishing the Objectives* established to meet the project Goals, such as: Enforcement activities (planned activities compared with actual activities) Programs (number and success of programs held compared to planned programs, evaluations If available) Training (actual vs. anticipated enrollment, student evaluations of the class, student test scores on course examinations, location of classes, class cancellation information) Equipment purchases (timely purchase of equipment utilized to support and enhance the traffic safety effort; documentation of equipment use and frequency of use) Public awareness activities (media releases, promotion events, or education materials produced or purchased) Other (any other information or material that supports the Objectives) 7. The project will be evaluated by the Highway Safety and Traffic Division through annual crash analysis Evaluation results will be used to determine: The success of this type of activity in general and this particular project specifically; Whether similar activities should be supported in the future; and Whether grantee will receive funding for future projects Evaluate the total number of HMV Citations before the directed patrol. Then after the patrols have been completed for this year, compare the number of citations for HMV to see if this project has an effect on hazardous drivers behaviors . Page 8 of 11 ADDITIONAL FUNDING SOURCES Safe Communities/ TRACTION Approx. $350,000.00 Oct 1st 2024 to Sept 30 2025 Page 9 of 11 BUDGET Category Item Description Quantity Unit Cost Total Match Total Requested Personnel Enforcement Hours end/or Fringe HMV Enforcement paid out at double time rate 1 $15,000.00 $15,00D.00 $0.00 $15,000.00 $15,000.00 $0.00 $15,000.00 Total Contract $15,000.00 $0.00 $15,000.00 Page 10 of 11 ATTACHMENTS Document Tyne Description Original File Name Date Added Page 11 of 11 Staff: CityAdministration Agenda: 2/18/2025 SUBJECT A Resolution authorizing the City Manager to execute an agreement with Wayne Wallingford, for professional services. EXECUTIVE SUMMARY The City desires to have a consultant to monitor legislation and committee hearings, and to report to the City regarding items that would have an effect on the City's priorities. BACKGROUND/DISCUSSION By the first week of the 2025 State Legislative session, over 1, 400 Bills have been filed. By the sheer number of Bills and activity on these Bills, it is prudent that the City have a method to monitor legislative which may effect the City's priorities. Wayne Wallingford is from the City of Cape Girardeau and has previously served on the Missouri House of Representatives, District 158 and also on the State Senate, District 27. STAFF RECOMMENDATION It is recommended that City Council approve the attached Resolution authorizing the Mayor to execute an agreement with Wayne Wallingford, for professional services. ATTACHMENTS: Name: 13 25-23_A2reement Wallin,gford_Legislative _Consultant.doc 0 Leeislative_Monitor Wallin fog rd Aareement.doc Description: Resolution Agreement BILL NO. 25-23 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WAYNE WALLINGFORD, FOR PROFESSIONAL SERVICES 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 Agreement with Wayne Wallingford, to provide professional consulting services. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, 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 Resolution. PASSED AND ADOPTED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk AGREEMENT FOR CONSULTING SERVICES This Agreement is made , between the City of Cape Girardeau, a home - rule city organized and existing under the laws of Missouri, hereinafter referred to as the "City," and Wayne Wallingford, hereinafter referred to as the "Provider," and collectively the City and the Provider shall be referred to as the "Parties." RECITALS A. The City Council and Mayor of the City of Cape Girardeau desires to enter into this Agreement in order to obtain services to monitor legislation and committee hearings and report to the City, as outlined in the Scope of Services, incorporated in this Agreement by this reference. B. Provider has available and offers the necessary resources to provide such services within the required time and as described in the Scope of Services included in this Agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the Parties agree as follows: SECTION ONE. SERVICES TO BE PERFORMED BY PROVIDER Provider agrees to perform the following services: A. Provider agrees to provide the services to monitor legislation and committee hearings and report to the City regarding items that would have an effect on the City's priorities and as set forth in detail in Exhibit A, Scope of Services, attached to and by this reference incorporated in this Agreement. B. Provider warrants that all material, service or construction delivered under this Agreement shall conform to the terms of this Agreement. Receipt of the material, service, or construction specified and any inspection incidental to such receipt by the City shall not alter or affect the obligations of Provider or the rights of the City under the foregoing warranty. C. All services, information, computer program elements, reports and other deliverables which may be created under the Agreement are the sole property of the City and shall not be used or released by Provider or any other person except with prior written permission of the City. SECTION TWO. COMPENSATION OF PROVIDER Provider agrees to provide all of the services set forth in Exhibit A for three thousand dollars ($3,000) per month. SECTION THREE. RIGHTS AND OBLIGATIONS OF PROVIDER A. Independent Contractor. The Parties agree that Provider performs specialized services and that Provider enters into this Agreement with the City as an independent contractor. Nothing in this Agreement shall be construed to constitute Provider or any of Provider's agents or employees as an agent, employee or representative of the City. As an independent contractor, Provider is solely responsible for all labor and expenses in connection with this Agreement and for any and all damages arising out of Provider's performance under this Agreement. B. Provider's Control of Work. All services to be provided by Provider shall be performed as determined by the City in accordance with the Scope of Services set forth in Exhibit A to this Agreement. Provider shall furnish the qualified personnel, materials, equipment and other items necessary to carry out the terms of this Agreement. Provider shall be responsible for and in full control of the work of all such personnel. C. Reports to the City. Although Provider is responsible for control and supervision of work performed under this Agreement, the services provided shall be acceptable to the City and shall be subject to a general right of inspection and supervision to ensure satisfactory completion. This right of inspection and supervision shall include, but not be limited to, all reports to be provided by Provider to the City, as set forth in the Scope of Services, and the right of the City to audit Provider's records. D. Compliance with All Laws. Provider shall comply with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state and local government, which may affect the performance of this Agreement. Any provision required by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement shall be deemed inserted, whether or not such provisions appear in this Agreement. SECTION FOUR. NOTICE Any notice, demand or other communication required by this Agreement to be given by a Party hereto to the other shall be in writing and shall be sufficiently given or delivered if dispatched by overnight delivery service, United States first-class mail, postage prepaid, or delivered personally, and addressed as follows: (a) To City: City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau, Missouri 63701 Attention: City Manager