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Home My WebLink About2006-044 - Agreement with Missouri Highways and Transportation Commission~:.f ,. ~ . BILL N0.2006-44 ORDINANCE NO.2006-44 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE CITY TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR STATE ROAD FUNDS TO BE USED TO SUPPORT REGIONAL BLUEPRINT FOR ROADWAY SAFETY ACTIVITIES AND TO GRANT THE USE OF SUCH STATE ROAD FUNDS TO THE CITY WHEREAS, the Missouri Highways and Transportation Commission ("Commission") has authorized an agreement ("Agreement") for State Road Funds to be used to support regional Blueprint for Roadway Safety activities ;and WHEREAS, the purpose of this agreement is to grant the use of such State Road Funds to the City of Riverside; and WHEREAS, the Commission will provide the City six thousand seven hundred thirty two dollars and eighty four cents ($6,732.84) for the agreement. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into the Agreement, to be substantially in the form attached hereto as Exhibit A, with the Missouri Highways and Transportation Commission and the Commission will provide funds specified in the Agreement. Section 2. The Mayor Pro Tem and the City Clerk are authorized and directed to execute the Agreement, execution of such document being conclusive proof of such approval. The Mayor Pro Tem, City Clerk, and City Administrator are each authorized and directed to perform all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance. Section 4. This ordinance shall take effect immediately. Passed this ~ day of April, 2006. ~~ M yor Pro Tem A ES . Cit Jerk 11,1 .7 T.. ~_ ti L ' CCO Form: HS2 Award name/number: BPC0440Z Approved: 01/05 (BDG) Award year: 2006 Revised: Region: Kansas City (D4) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BLUEPRINT FOR SAFER ROADWAYS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Riverside a municipal corporation in the State of Missouri (hereinafter, "City"); OR County of (hereinafter referred to as "County"); OR Department of ~ , a department within the executive branch of the government of the State of Miss ri (hereinafter, "Department"); OR a recognized vendor with the State of Missouri (hereinafter, "Vendor") WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The Commission has authorized State Road Funds to be used to support regional Blueprint for Roadway Safety activities. The purpose of this Agreement is to grant the use of such State Road Funds to the Chit ~. (2) ACTIVITY: The State Road Funds, which are the subject of this Agreement, will support the following activity to further Missouri's Blueprint for Roadway Safety: Overtime Enforcement of Aaaressive Driving from April 9 thrauah April 21 2006. (3) INDEMNIFICATION: T o ti7e extent allowed by law, the C~ shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the C~ on the account of personal injury, bodily injury (including death), or property damage suffered as a result of the Citv performance under this Agreement, C~ assumes the obligation to save harmless the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The ~ also agrees to hold harmless the Commission, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the ~ for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability, or payment arising out of such wrongful or negligent act or omission. I. ., i .I ¶, ~ „~ T. .- , - (4) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the C~ and the Commission. (5) COMMISSION REPRESENTATIVE• This Commission's District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (6) NONDISCRIMINATION CLAUSE: The C~yt r shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The C~ shall also comply with ail state and federal statutes applicable to the relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, etseq.). (7) ASSIGNMENT: The ~ shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (8) LAW OF MISSOURI TO GOVERN• This Agreement shall be construed according to the laws of the State of Missouri. The CltYshall comply with all local, state and federal laws and regulations relating to the pertormance of this Agreement. (9) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the C~ with written notice of cancellation. Should the Commission. exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Cif. (10) ACCESS TO RECORDS: The C~ and its Contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the ~ receives reimbursement of their final invoice from the Commission. (11) REIMBURSEMENT: With regard to work under this Agreement, the Ceti r agrees that funds to implement Blueprint activities shall only be available for reimbursement of eligible costs which have been incurred by Cam. The C~ shall supply to the Commission copies of all bid information; purchase orders; invoices; and name, 2 . j I ,I ~,1 '[ t.. ...._ <. - date, hours worked, and rate of pay (on Program Agreements that include salaries). Any costs incurred by Cit prior to authorization and notification to proceed from the Commission are not reimbursable costs. The Commission shall not be responsible for any costs associated with the activity herein unless specifically identified in this Agreement or subsequent written amendments. The Commission shall not provide more than Six Thousand Seven Hundred Thirty Two_ and Eis~hty-Foar Cents dollars ($ 6732.84) for this Blueprint safety project (12) INSPECTION OF IMPROVEMENTS AND RECORDS: The C~ shall assure that representatives of the Commission shall have the privilege of inspecting and reviewing the work being performed per this Agreement. The ~ shall also maintain all financial documents, reports, papers and other evidence pertaining to costs incurred in connection with this Program Agreement, and make such materials readily available for review at reasonable times and at no charge during this Agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission or any authorized representatives of the State of Missouri; copies shall be furnished, upon request, to authorized representatives of the Commission or State. (13) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (14) FINAL AUDIT: The Commission may, in its sole discretion, perform a final audit of project costs. The C~ shall refund any overpayments as determined by the final audit. (15) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the Ceti r. (16) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Cwt this day of , 20~. Executed by the Commission this 1~ day of riuw , 20 61L. MISSOURI HIGHWAYS AND Riversi e TRANSPORTATION COMMISSION NAME OF AGENCY OR VENDOR Title: District Engineer Title__ /~t~-~T~ 3 .1 .. I ,i ~, i . ,l T. .,