2005-125S:\OUR DOCUMENTS~A1RPORTXOrdinances-Resolutions\TxDOT Grant-Radio Equipment.doc
ORDINANCE NO. ~PO~--/~~-
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AMENDMENT NO. 1 TO AN
AGREEMENT DATED FEBRUARY 3, 2004 RELATING TO A GRANT FOR THE
PURCHASE AND INSTALLATION OF RADIO EQUIPMENT BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT
OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
PROVIDED FOR IN THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE
(TxDOT Project No.: AP DENTON 6 AND TxDOT CSJ No.: 0418DENTN).
WHEREAS, Pursuant to Ordinance No. 2004-025, the City of Denton and the State of
Texas acting through the Texas Department of Transportation, Aviation Division ("TxDOT")
entered into an agreement dated February 3, 2004 (Contract g4XXAV070) relating to a grant for the
purchase and installation of airport radio equipment at the Denton Municipal Airport (the
"Agreement"); and
WHEREAS, TxDOT has presented to the City an Amendment No. 1 to the Agreement, a
copy of which is attached hereto and made a part hereof by reference ("Amendment"); and
WHEREAS, the City Council finds that the Amendment is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~qECTION 1. The City Manager of the City of Denton, or his designee, is hereby authorized
to execute the Amendment to the Agreement on behalf of the City of Denton.
SFI'2TICIN 2, The City Manager is hereby authorized to expend such funds as are provided
for in the Agreement as amended.
~qF.(2TlO]'q 3 This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~/(Z~ day of ~~ ,2005.
EULINE BROCK, MAYOR
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S:\OUR DOCUMENTSL~.IRPORTxOrdinances-Resolutions\TxDOT Grant-Radio Equipment.doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APe/R~VED AJTO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
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TO:
FROM:
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOTProject No.:AP DENTON 6
TxDOT CSJ No.: 0418DENTN
TxDOT Contract No.: 4XXAV070
Amendment No. 01 to the Agreement
Part I - Identffieation of the Project
The City of Denton, Texas
The State of Texas, acting through the Texas Depadment of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agrec~nent TxDOT CSJ Number 0418DENTN, executed by the Sponsor on
Febmary 4, 2004, and by the State on March 15, 2005, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as follows: purchase and install airport radio equipment at the .
Denton Municipal Airport as approved by the Texas Transportation Commission on December
18, 2003.
It is in the mutual interest of the Sponsor and the State to include FY 2003 non primary
entitlement funds in additional to those funds granted for the terminal building in grant CSJ
0218DENTN executed in January 22, 2002; and to have the state act as agent for the
construction services of this grant.
Part 1I - Offer of Financial Assistance, estimates total project costs to be $166,667; and
financial assistance is currently limited to $150,000 in federal funds and $16,667 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
1. Part I, Item 3, the project description will read as follows: construction se~ices
associated with the terminal building at the Denton Municipal Airport as approved by the Texas
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Transportation Commission on December 18, 2003.
2. Part II, delete item 6. Replace with
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when
requested by the State. At project closeout, Sponsor will be reimbursed for any credited
amounts that exceed Sponsor's share.
3. Add item 7.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish
proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor
grants to the State and federal government the right, upon advance written request during
reasonable and regular business hours, 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 and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsors financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay the obligation, either in whole or in part, within 30 days of written demand, the
State may exemise its rights under Part V-7. 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 fights and remedies it has at law or equity.
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a'federal grant for the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
On page 7 and 8, delete items 11, 12 and 13.
On page 8 replace Part IV - Responsibilities of the State with:
Part IV- Nomination of the Agent
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
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except as otherwise specifically provided.
The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation;
receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and piy invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
when applicable; receive, review and approve reimbursement requests for
reasonable and eligible proper~ acquisition costs incurred by the Sponsor,
provided the requked documentation is supplied.
Contracting Agent:
f. advertise for professional engineering and/or planning services for, but not
limited to, the preparation of planning studies, plans and specifications for the
above project and for the management of the construction of the above project;
certify consultant selection procedures; provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
g. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations. ;
Contract Manageruent Agent:
h. 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, any engineer, contractor, or materialman, the State shall issue a written
order, which shall prevail and be controlling;
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coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
j. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
participate in pre-bid and presconstmction conferences; and issue orders as it
deems appropriate regarding c6nstruction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
1. review, approve and maintain record drawings.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this ~fl.~.~ dayof ,~~ ,20/~.
The City of Denton, Texas
Sponsor
W~ess'~i~lature
City Secretary
Sponsor Signa~e~
City Manager
Witness Title
APPROVED AS TO ~.~GAL FORM:
EDWIN. M. SNYDER, INTERIM CITY ATTORNEY
/
Sponsor Title
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Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or canying 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
By:
Date:
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