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2000-258FILE REFERENCE FORM I 2000-258 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 ORDINANCE 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.: MO 18DNTON). 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"). ~. The City Manager is hereby authorized to expend such funds as are provided for in the Grant Agreement. RECTION 3. approval. PASSED AND APPROVED this the This ordinance shall become effective immediately upon its passage and / -¢dayof ,2000. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~O~D~AS TO~L~EGAL FORM: TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT PROJECT No.: AM 2000DNTON TxDOT CSJ No.' M01$DNTON Part I - Ident~fication of the Project TO FROM The City of Denton, Texas 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 awation 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 Mumelpal 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 wtth reference to each other and wtth reference to the aeeomphshment 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 AVN4301 ~ 0/2000) Page 1 of 12 Part II - Offer of Financial Assistance For the purposes oftlus Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Serwces, and as found on amendments thereto, all being attached hereto and made a part oftlus Grant State financial assistance granted herein will be used solely and exclusively for mrport mmntenance 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 finanaal assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for flus 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 servtces to be prowded at the discretion of the State floweret, mowing services will not be ebg~ble for state finanaal asmtance Sponsor will be responsible for 100% of costs of any mowing Scope of Services, Attachment A, oftlus Grant, may be amended, subject to avaflablhty of state funds, to include additional approved airport maintenance work Scope amendments reqmre subrmttal of an Amended Scope of Serwces, Attachment A Serwces vall not be aecomphshed by the State until recetpt of Sponsor's share of project costs The State shall determine fair and ehgible 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 ts mutually understood and agreed that if, during the term of flus agreement, the State deternunes that there is an overrun in the estimated annual routine mmntenanee costs, the State may increase the grant to cover the amount of overrun w~tlun the a/ores,ad percentages and subject to the maramum 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 flus Agreement and any amendments hereto, without the consent of the Sponsor Sponsor, by accepting flus Grant certifies and, upon request, shall furmsh proof to the State that tt has sufficient funds to meet ~ts 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 satd funds In eddit~on, the Sponsor shall disclose the source of all funds for the project and its ab~hty to finance the project Upon executton of flus Agreement and written demand by the State, the Sponsors financial obligation (Amount C) shall be due tn cash and payable tn full to the State State Page 2 of 12 AV~T4301 DO~ 0/2000) 4 5 6 may request the Sponsor's financial obligation in partial payments Should the Sponsor fall tO pay soad obhgat~on, either in whole or m 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 prowded by the Sponsor which exceed Sponsor's share (Amount C) 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 Scope of Serwces 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 submitted 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 This Grant shall ternunate 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 llI- Sponsor Responslbiht:es 1 In accepting this Grant, the Sponsor guarantees that it w~ll, 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 this Grant shall be controlled for a period of at least 20 years, and consistent with safety and security requirements, it shall make the airport or air navigational facility avmlable to all types, lands and classes of aeronautical use without discrimination between such types, lands and classes and shall prowde adequate public access dunng the penod of this Grant, and Page 3 of 12 AVN4301 D0~ 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 awation petroleum products and aerial applications The landing area consists of runways or landing strips, taxlways, parking aprons, roads, airport lighting and navigational aids, and e It shall not enter into any agreement nor perrmt any aircrat~ to gain direct ground access to the sponsor's mrport from private property adjacent to or in the immediate area of the airport Further, Sponsor shall not allow aircrat~ direct ground access to private property Sponsor shall be subject to flus prolubmon, commonly known as a "through-the-fence operation,*' unless an exception is granted in writing by the State due to extreme circumstances, and f it shall not penmt non-aeronautical use of airport facilities vnthout prior approval of the State, and g the Sponsor shall subnut 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 an A~rport Fund shall be established by resolution, order or ordinance ~n the treasury of the Sponsor, or evidence of the prior creation of an eyastmg airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be subnutted to the State Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earmngs, and balances In the account are discenuble from other types of moneys identified in the fund as a whole All fees, charges, rents, and money from any source denved from airport operations must be deposited m smd 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 8rant 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 following completion of the project where airport lighting is part of a project, the Sponsor shall operate such lighting at least at Iow Intensay from sunset to sunnse, and k insofar as it is reasonable and witlun 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 AV144301 DOC 0/2000) 2 3 4 in the immediate v~clmty of, the airport to heights and activities compatible with normal airport operations as provided in Tex Loc Oovt 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 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 clmms and hahihty due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement The Sponsor, to the extent of its legal anthonty 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 nught be incurred by the State in litigation or otherwise resisting said claim or habllmes which might be imposed on the State as the result of such actiwties 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 ewdenced 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 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 w~th 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 subnutted no more than once a month PART IV - Nom:natlon of the Agent 1 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 AW43Ol ~OC 0/2000) Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following servaees 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 supermslon 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 dlrecUon between the State and the Sponsor, and any servme provider the State shall issue a written order which shall prevail and be controlhng, 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 supphed in accordance with the State approved contracts, e obtain an audit as may be required by state regulations, reimburse sponsor for approved contract mmntenance costs no more than once a month PART V-Recltals Tlus 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 tlurd party 2 It IS the intent of tbas grant to not supplant local funds normally uUhzed for airport maintenance, and that any state financial assistance offered under flus grant be in addition to those local funds normally dedicated for airport maintenance Th~s Grant is subject to the applicable prowslons of the Transportation Code, Chapters 21 and 22, and the garport Zomng Act, Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Failure to comply with the terms of flus Grant or with the aforementioned rules and statutes shall be considered a breach of flus contract and will allow the State to pursue the remedies for breach as stated below a Of primary importance to the State ~s compliance with the terms and conditions of this Grant If, however, aider all reasonable attempts to reqmre compliance have failed, the State finds that the Sponsor is unwilhng and/or unable to comply with any of the terms of flus 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 AVN4301D(~3(3/2000) 4 5 6 to th~s Grant herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring stat seeking reimbursement of any financial assistance money expended on the project pursuant to flus Grant herein, provsded however, these remedies shall not hma the State's authority to enforce its rules, regulations or orders as otherwise prowded by law, (4) declare this Grant null and void, or (5) any other remedy available at law or sn eqmty b Venue for resolutson by a court of competent junsdmtion of any dispute arising under the terms of th,s Grant, or for enforcement of any of the prov,sions of this Grant, is spec,fically set by Grant of the pames hereto in Travis County, Texas 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 Tlus Grant conststutes the full and total understanding of the part,es concermng their rights and responssbihttes m regard to this project and shall not be modified, mended, rescinded or revoked unless such modification, amendment, resc~ssion or revocation is agreed to by both parses m writing and executed by both parses All comrmtments by the Sponsor and the State hereunder are subject to constitutional and statutory hmitattons and restrictions b~ndsng upon the Sponsor and the State 0neludmg Sections 5 and 7 of Article 11 of the Texas Constitutson, if applicable) and to the availabtlsty of funds which lawfully may be apphed AVN4S01 DOC {3/2000) Page 7 of 12 Part VI - Acceptances Sponsor The City of Denton, Texas, does hereby ratify and adopt all statements, representations, warranUes, covenants and agreements constituting the described project and ~ncorporated materials referred to ~n the foregoing Grant, and does hereby accept the Offer, and by such acceptance agrees to all o£the terms and condmons o£the Grant thereof , ooo ;~i~ess Signature City Secretary W~tness T~tle City of Denton. Texas / SI~ns°r Ctt7 Manager Sponsor Title Certificate of Attorney I, ~C'-,..~O t~,~ Y ~'~ , acUng as attorney for c/'~r,?, a/~ g~:.~r,r~,~z , Texas, do hereby cert&y that I have fully exannned the foregom$ 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, m m accordance with the laws of the State of Texas Dated at ~ervk.~ . Texas, flus. I~ day of ~a,~u'~o~ ,2000 W~tness S~gnature W~tness T~tle t Title AVN4301 DOC (3/2000) Page 8 of 12 Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of acttvatmg and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportatton Comrmssion STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION Date David S Fulton, D~rector Awat[on D~ws~on Texas Department of Transportation AVN4301 DO~ 0/2000) Page 9 of 12 Attachment A Scope of Services TxDOT CSJ No.:M018DNTON PAVEMENTS GENERAL MAINTENANCE ' PAVEMENT MARKINGS GKAD1NG/DKAINAGE , MISCELLNEOUS - $39,000 19,500 $19,500 MOWING Total $39,000 19,500 $19,S00 Accepted by ~ Notes (explanations of any specifications or variances as needed for above scope ~tems), TxDOT t° repair a ramp on the south end and east and perpendicular to the runway to correct base failure. Page 10 of 12 AVN4301 DOC 0/2000) CERTIFICATION OF AIRPORT FUND TxDOT CS~ No MO 18DNTON The City of Denton does hereby certify that the 1 0 0 0 2 2 0 01 9 Airport Fund (Name of Fund) has been established for the C~ty of Denton, and that all fees, charges, teats, and money from any source derived from a~rport operations will be deposited foi the benefit of the Auport Fund and will not be d~verted roi other general revenue fund expendm~res or any other special fund of the City of Denton and that all expenditures flora the Fund will be solely for airport purposes Such fund may be an account as part of another fund, but must be accounted for ~n such a manner that all revenues, expenses, retmned earnings, and balances m the account are d~scermble from other types of moneys ~dentlfied ~n the fund as a whole The C~ty of Denton, Texas (Sponsor) Title Assistant City Manag - Finance AVN4301 DO~ 0/2000) Page 11 of 12 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number M018DNTON 2, Michael W. Jez -, City Manager 0qame) . (~T,tle) w,th the CltyofDenton herebydes~gnate Mark r~e-son, A:rrport Manager (Name, T~tle) as the C,ty of Denton authorized representative, who shall have the authority to make approvals and d~sapprovals as reqmred on behal£ofthe City of Denton C~!¥ of Denton, Texas (Sponsor) Title city Manager Date DESIGNATED REPRESENTATIVE MmhngAddress 5000 A~.rport Road Denton, TX 76207 Overnight Madmg Address Telephone/FaxNumber (940) 349-7702 (940) 349-7289 fax AVN4301Doco~000) Page 12 of 12