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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 Page 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 Page 2 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 Page 1 of 5 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, Page 2 of 5 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; Page 3 of 5 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 Page 4 of 5 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: Page 5 of 5