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HomeMy WebLinkAboutIowa Department of Transportation-8/27/2012 (2)Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2013 AIR SERVICE DEVELOPMENT PROGRAM PROJECT NUMBER: 9I130AL0135 CONTRACT NUMBER: 14318 This is an agreement between the Waterloo Regional Airport (hereinafter referred to as SPONSOR) and the Iowa Department of Transportation (hereinafter referred to as the Iowa DOT) for Air Service Sustainment funding through the Iowa Air Service Development Program, under Iowa Code Section 328.12. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the Iowa DOT agrees to provide authorized funding to the SPONSOR to help in air service development activities to include: The purchase of air service consultant services to obtain market data, develop airline proposals, provide air service analysis, and assist in other air service issues related to passenger air service at the Waterloo Regional Airport. A portion of the funds will be used for traditional advertising in television, newspaper, billboard and website formats. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree to: 1. The SPONSOR shall be the lead agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of air service development initiatives (hereinafter referred to as the PROJECT) in accordance with the FY 2012 Air Service Development Program Description and this agreement. 2. The Iowa DOT shall reimburse the SPONSOR for 80% of eligible PROJECT costs not to exceed $28,000. 3. Funds must be obligated within six months of execution of the grant agreement. Claims for reimbursement with proof of expenditures must be submitted within one year of the date of the obligation of funds. 4. All notices required under this agreement shall be made in writing to the Iowa DOT Office of Aviation and the SPONSOR's contact person. The Office of Aviation's contact shall be Tim McClung (515/239- 1689). The SPONSOR's contact person shall be Brad Hagan. 5. A report must be filed by the sponsor at the completion of the project providing a summary of how the funds were used and describing the successes and failures of the program. 6. The SPONSOR shall solicit, or have solicited bids, for any work on this project in compliance with all applicable laws, ordinances and administrative rules. Page 1 of 3 FY 2013 Air Service Developmeni- Contract Number: 9I130ALO135 Protect Number: 14313 7. The SPONSOR shall be responsible for the acceptance of the project. The Iowa DOT reserves the right to review project activities and to audit claims for reimbursement. 8. The SPONSOR shall submit Claims for Reimbursement for eligible PROJECT costs along with a copy of the billing statement and proof of payment to the Iowa DOT. Reimbursements will be made in whole dollars and will be rounded down. 9. The SPONSOR shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SPONSOR receives state funds from the Iowa DOT. 10. The Iowa DOT's obligation hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. 11. The Iowa DOT shall give the SPONSOR notice of any termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding for this program. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 12. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 13. This agreement is not assignable without the prior written consent of the Iowa DOT. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement constitutes the entire agreement between the Iowa DOT and the SPONSOR concerning this PROJECT. Representations made prior to the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Iowa DOT and the SPONSOR. Page 2 of 3 FY 2013 Air Service Development Contract Number: 91130ALO135 Project Number: 14318 EXECUTION OF THE AGREEMENT: In witness whereof, each of the authorized parties hereto has executed this Agreement as of the date shown with its signature below. This Agreement must be executed by the SPONSOR within 60 days of the date the agreement was signed by the Iowa DOT. SPONSOR: 1,1 Signed this day of By: ',/t/ (:‘ Authorized Sponsor Representative , 2012 IOWA DEPARTMENT OF TRANSPORTATION: Signed this 20th day of August, 2012 Michelle McEnany, Director Office of Aviation By: ( f Airpoger Page 3 of 3