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HomeMy WebLinkAbout2005-10-11 Special~~ t SPECIAL BOARD OF ALDERMEN MEETING CITY OF RIVERSIDE 2950 NW VNION ROAD, RIVERSIDE, MO 64150 AGENDA October 11, 2005 7:00 p.m. 1. Call to order 2. Roll call 3. Fireworks Committee/ Discussion 4. Bill No. 2005-102 An Ordinance granting and approving the execution of a proxy for annual meeting of landowners of Riverside- Quindaro Bend Levee District of Platte County, Missouri and actions related thereto 5. Public Safety a. Request for Motion to Approve Mo. Highways & Transportation Commission Blueprint for Safer Roadways Program Agreement 6. Jerry Johnson, Shafer, Kline & Warren, /Discussion/West Vivion Road 7. Bill No. 2005-103 An Ordinance authorizing the City of Riverside, Missouri, to enter into an agreement for extension of contract with Shafer, Kline & Warren 8. Motion to enter into Closed Session pursuant to RSMo 610.021(1) for discussion of Legal Issues, RSMo 610.021(2) Real Estate and RSMo 610.021(3) Persomiel with the City Attorney 9. Open Session 10. Adjournment ITT ST: Posted 1,0/ /OS Cu 5:00 p.~. I Rusick, City Clerk BILL NO. 2005-/O.Z ORDINANCE NO. 2005- /Dz AN ORDINANCE GRANTING AND APPROVING THE EXECUTION OF A PROXY FOR ANNUAL MEETING OF LANDOWNERS OF RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI AND ACTIONS RELATED THERETO WHEREAS, the City of Riverside, Missouri owns property located within the Riverside- Quindaro Bend Levee District of Platte County, Missouri ("Levee District"); and WHEREAS, the Levee District holds an annual meeting each year at which landowners are entitled to vote to elect Supervisors; and WHEREAS, the City desires to grant a proxy for its voting rights at the 2005 annual meeting. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City grants to City Administrator David Blackburn the right to act as Proxy for the City at the 2005 Levee District annual meeting of the landowners. The Proxy for Annual Meeting of Landowners of Riverside-Quindaro Bend Levee District of Platte County, Missom•i, in substantially the form attached, is approved, and the Mayor and the City Clerk are authorized and directed to execute the Proxy, and the executions and delivery of all documents and the perforn~ance of all actions related thereto are approved, authorized and directed. Section 2. This ordinance shall take effect immediately. Passed and approved this ~ay of October, 2005. Betty Burch, Mayor ATTEST: [seal] Louise Ri~sick, ity Clerk PROXY FOR ANNUAL MEETING OF LANDOWNERS OF RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI KNOW ALL MEN BY THESE PRESENTS THAT the City of Riverside, Missouri (the "City") being an owner of real estate and other property, situate in the Riverside-Quindaro Bend Levee District of Platte County, Missouri (the "Levee District"), being entitled to votes at the annual meeting of landowners of the Levee District to be held on or about Thursday, October 13, 2005, in Riverside, Missouri does hereby constitute and appoint City Administrator David Blackbrrrir with full power of substitution, the proxy of the City to represent and vote all votes to which the City is entitled at such meeting on the election of one or more supervisor(s) to the Board of Supervisors of the Levee District and any other business as may properly come before said annual meeting or any adjournment thereof and the City hereby revokes any authorization to vote at said meeting heretofore given by the City to anyone. IN WITNES WHEREOF, the City, by and through its authorized official, has executed this Proxy this ~~ day of October, 2005. THE CITY OF RIVERSIDE, MISSOURI By: Mayor ATTES"T: [s~alJ ~_ L rise Rusick, City Clerk DESTINATION: ~~ October 3, 2005 Mr. Michael D. Costanzo 2990 NW Vivion Road Riverside, Missouri 64150 Dear Lieutenant Costanzo: an effort to prevent transportation fatalities and injuries in the Kansas City region 600 Broadway, Suite 300, Kansas City, Missouri 64105 Phane:8161474~4240 Fax: 8161421-7758 Thank you for your interest in participating with the Kansas City Regional Transportation Safety Coalition, Destination: S.A.F.E. We received your grant request and are pleased to announce that your request has been approved. Enclosed you will find a contract and a project description form. Please review and sign the contract and complete the project description form. Once these items are completed, please return them to me as soon as possible at MoDOT, 600 N.E., Colbern Road, Lee's Summit, MO. 64086. Once we receive both documents, we will be able to provide the funding. If you have any questions or would like additional information, please contact me at (816) 622-0406. Thank you again for your willingness to participate in this effort. Sincerely, `~u~-~ ~ i~~~~ Lindsay Hogan, E.LT. Traffic Engineering Specialist Enclosures Kansas Department of Kansas Highway Mid-America Transportation Pahol Troop A Regional Council 700 SW Harrison 1220 Enterprise Street 600 Broadway, Suite 300 Topeka; KS 66083 Olathe, KS 86061 Kansas City; M0 64105 78512963566 9131782.81.00 8161474.4240 Missouri Department of Transportation District 4 600 NE Colhem Boad lee's Summit, MO 641186 8161622.6500 Missouri State Highway Patrol Troap A 504 E Blue Parkway Lee's Summit, MO 64063 8161622.0800 CCO Form: HS2 Award name/number: BPC0417Z Approved: 01/05 (BDG) Award year: 2005 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 Missouri (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 City. (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: Increased patrol for Impaired Driving enforcement during the week of October 24th through October 31st, 2005. (3) INDEMNIFICATION: To the 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 City 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 -egal fees. The C~ 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 C~ 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. (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~ 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 all state and federal statutes applicable to the C~ relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (7) ASSIGNMENT: The C~ 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 City shall comply with all local, state and federal laws and regulations relating to the performance 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 City. (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 fora 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 C 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 date, hours worked, and rate of pay (on Program Agreements that include salaries). Any costs incurred by Ci~Lprior 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 Eight Thousand Four Hundred dollars ($ 8,400) 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 Cif 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 Cam. (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 C~ this _ day of , 20 Executed by the Commission this day of MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION 20 City of Riverside NAME OF AGENCY OR VENDOR BY. Title: District Engineer Title 3 By Title By Title ATTEST: By Title Approved as to Form: Title Note: If agency is a County with a county commission form of government, 3 signatures are required. 4 LAW ENFORCEMENT PROJECT DESCRIPTION Agency Name: ~~c~<.-scar ~}(x~~~-.-+1~ti-1- c~~ Pc-.lol~c Sc~~~ ~~ 1. Enforcement location(s): 2. Number of officers assigned to each enforcement period: • ~ I-1fC~ ~~r~c~~S 3. Times of enforcement periods: (.71.~J r ~UC.~cS _"' Vo~~~ IYXACS v (l()~~ ~ r C~. "~_ 4. Duration of each enforcement period: ~-~ hours 5. Number of enforcement periods °, :, 6. Days of week selected for enforcement periods: BILL NO. 2005-103 IS NOT READY AT THIS TIME