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HomeMy WebLinkAbout2000-258FILE REFERENCE FORM 2000-258 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2001-155 [Amendment No. 01 to the Maintenance Agreement] 04/17/01 Amended by Ordinance No. 2002-006 [Amendment No. 02 to the Maintenance Agreement] 01/08/02 &: uru =m�cm Wr:nor M� Maintwowe nrvn.n ORDINANCE NO. &-6?5-4v AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE (TxDOT Project No.: AM2000DNTON; AND TxDOT CSJ No.: M018DNTON). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 _ The City Manager of the City of Denton, or his designee, is hereby authorized to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program, a copy of such grant being attached hereto and made a part hereof for all purposes (the "Grant Agreement'). SF.CTTON 2. The City Manager is hereby authorized to expend such funds as are provided for in the Grant Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. / PASSED AND APPROVED this the /5c day of 2000. C-fit-l.�/Yt-y / � '"- EULINE BROCK, MAYOR ATTEST: JEN/N�IFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EN TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT PROJECT No.: AM 2000DNTON TxDOT CSJ No.- M018DNTON Part I - Identification of the Project TO The City of Denton, Texas FROM The State of Texas, acting through the Texas Department of Transportation This Grant is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor") WITNESSETH WHEREAS, the Sponsor desires to sponsor a project for the routine maintenance of a public aviation facility, known or to be designated as the AIRPORT under the Transportation Code, Chapter 22, and WHEREAS, the project is described as airport maintenance at the Denton Municipal Airport, and WHEREAS, the Sponsor hereby applies for a grant for financial assistance, and WHEREAS, the parties hereto, by this Grant, do hereby fix their respective responsibilities with reference to each other and with reference to the accomplishment of said project NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows Page 1 of 12 AVN4301 DOC (3/2000) Part U - Offer of Financial Assistance 1 For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, and as found on amendments thereto, all being attached hereto and made a part of this Grant State financial assistance granted herein will be used solely and exclusively for airport maintenance and other incidental items as approved by the State Actual work to be performed under this agreement is found on Attachment A, Scope of Services State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $20,000 00, which ever is less, per fiscal year and subject to availability of state appropriations The Sponsor may request the State to provide mowing services, such services to be provided at the discretion of the State However, mowing services will not be eligible for state financial assistance Sponsor will be responsible for 100% of costs of any mowing services Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work Scope amendments require submittal of an Amended Scope of Services, Attachment A Services will not be accomplished by the State until receipt of Sponsor's share of project costs 2 The State shall determine fair and eligible project costs for work scope Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments thereto It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of overrun within the aforesaid percentages and subject to the maximum amount of state funding as found in Part II, Item 1, above The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments hereto, without the consent of the Sponsor 3 Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as heretofore stated The Sponsor hereby grants to the State the right to audit any books and records of the Sponsor to verify said funds In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance the project LDpon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State State Page 2 of 12 AVN4301 DOC (3/2000) may request the Sponsor's financial obligation in partial payments Should the Sponsor fall to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise Its rights under Paragraph V-3 hereof Likewise, should the State be unwilling or unable to pay Its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount Q 4 The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State It is further agreed that the Sponsor will reimburse the State for any payment or payments made hereunder by the State which are in excess of the percentage of financial assistance (Amount B) as heretofore stated in Paragraph II-1 5 Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State All local contracts must be approved by the State for scope and reasonable cost Reimbursement requests for local contracts shall be subinitted on forms provided by the State and payment shall be made for no more than 50% of allowable charges The State will not participate in funding for force account work conducted by the Sponsor 6 This Grant shall terminate upon completion of the scope of services The term of this grant may be extended by the execution of an Amendment to the Agreement Part III - Sponsor Responsibilities 1 In accepting this Grant, the Sponsor guarantees that a it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant, and b the Airport or navigational facility which is the subject of tlus Grant shall be controlled for a period of at least 20 years, and c consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant, and Page 3 of 12 AVN4301 DOC (3/2000) d it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids, and e it shall not enter into any agreement nor permit any aircraft to gam direct ground access to the sponsoes airport from private property adjacent to or in the immediate area of the airport Further, Sponsor shall not allow aircraft direct ground access to private property Sponsor shall be subject to this prohibition, commonly known as a "through -the -fence operation," unless an exception 1s granted in writing by the State due to extreme circumstances, and f it shall not permit non -aeronautical use of airport facilities without prior approval of the State, and g the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested, and h all fees collected for the use of the airport shall be reasonable and nondiscriminatory The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility, and 1 an Airport Fund shall be established by resolution, order or ordinance In the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State Such fund may be an account as part of another fund, but must be accounted for 1n such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified 1n the fund as a whole All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor All expenditures from the Airport Fund shall be solely for airport purposes Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph, and i following completion of the project where airport lighting 1s part of a project, the Sponsor shall operate such lighting at least at low intensity from sunset to sunrise, and k insofar as it 1s reasonable and within its power, Sponsor shall adopt and enforce zomng regulations to restrict the height of structures and use of land adjacent to or Page 4 of 12 AVN4301 DOC (3/2000) in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State 2 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees The Sponsor's acceptance of this Offer and ratification and adoption of this Grant incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs 4 Upon entering into this Grant, Sponsor hereby agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project, and which individual shall have the authority to make approvals and disapproval's, and coordinate schedule for work items as required on behalf of the Sponsor Sponsor shall request reimbursement of eligible project costs on forms provided by the State Reimbursement Request will be submitted no more than once a month PART IV - Nomination of the Agent The Sponsor hereby designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of said project, or in reimbursement to either of the parties hereto for costs incurred 2 The State shall, for all purposes in connection with the project identified above, be the Page 5 of 12 AVN4301 DOC (3/2000) Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following services accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity, b exercise such supervision and direction of the project work as the State reasonably finds appropriate Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, and any service provider the State shall issue a written order which shall prevail and be controlling, c enter into contracts as necessary for execution of scope of services, d receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts, e obtain an audit as may be required by state regulations, f, reimburse sponsor for approved contract maintenance costs no more than once a month PART V - Recitals This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party 2 It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Failure to comply with the terms of this Grant or with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below a Of primary importance to the State is compliance with the terms and conditions of this Grant If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies (1) require a refund of any financial assistance money expended pursuant Page 6 of 12 AVN4301 DOC (3/2000) to this Grant herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant herein, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity b Venue for resolution by a court of competent jurisdiction of any dispute ansing under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties hereto in Travis County, Texas 4 The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor The acceptance period cannot be greater than 30 days after issuance unless extended by the State 5 This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties 6 All commitments by the Sponsor and the State hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied Page 7 of 12 AVN4301 DOC (Y2000) Part VI - Acceptances Sponsor The City of Denton, Texas, does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Grant, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Grant thereof Executed this / day of , 2000 W /�NMINI/ __ .0 ov. City Secretary Witness Title I, Sponsor Title Certificate of Attorney acting as attorney for Cod"/ o%' SOffll" Texas, do hereby certify that I have fully examined the foregoing Grant and the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant by said Sponsor, is in accordance with the laws of the State of Texas ,oFy,.— Dated at t>em+>/N , Texas, this 15:' day of Witness Signature Witness Title Page 8 of 12 AVN4301 DOC (3/2000) Title Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION David S Fulton, Direotor Aviation Division Texas Department of Transportation Date Page 9 of 12 AVN4301 DOC (Y2000) Attachment A Scope of Services TxDOT CSJ No.:MO18DNTON 'PAVEMENTS $39,000 19,500 ' $19,500 GENERAL MAINTENANCE 4 PAVEMENT MARKINGS GRADING/DRAINAGE MISCELLNEOUS- 11 MOWING 1 q Total $39,0001 19,500 $19,500 Notes (explanations of any specifications or variances as needed for above scope Items) TxDOT 10 repair a ramp on the south end and east and perpendicular to the runway to correct Page 10 of 12 AVN4301 DOC (312000) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No M018DNTON The City of Denton does hereby certify that the 100 022 0019 Airport Fund (Name of Fund) has been established for the City of Denton, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited foi the benefit of the Auport Fund and will not be diverted foi other general revenue fund expenditures or any other special fund of the City of Denton and that all expenditures fi om the Fund will be solely for airport purposes Such fund may be an account as part of another fund, but must be accounted for to such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole The City of Denton Texas (Sponsor) By— Title ASS15 ant City Manager - Date -Z� cl�000 Page 11 of 12 Finance AVN4301 DOC(3/2000) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number M018DNTON Michael W. Jez City Manager I, — (Name) (Tdle with the City of Denton hereby designate Mark Nelso , Airport Manager (Name, Title) as the City of Denton authorized representative, who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton DESIGNATED REPRESENTATIVE Mailing Address City of Denton. Texas (Sponsor) i0 Title City Manager Date 5000 Airport Road Denton, TX 76207 Overnight Mailing Address Telephone/FaxNumber (940) 349-7702 (940) 349-7289 fax Page 12 of 12 AVN4301 DOC (3/2000)