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HomeMy WebLinkAboutRES 00-190 RESOLUTION NO. �O BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a grant agreement with the Texas Department of Transportation (TXDOT) accepting a Grant for Routine Airport Maintenance Program in the amount of$20,000 for removal and replacement of the airport fueling system at the Beaumont Airport. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the /,5-/Z day of L"o� ' 2000. - Mayor - TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT PROJECT No.: AM 2000BAMNT TxDOT CSJ No.: M020BAMNT Part I- Identification of the Project TO: The City of Beaumont, 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 Beaumont, Texas, (hereinafter referred to as the "Sponsor"). WITNES SETH: WHEREAS, the Sponsor desires to sponsor a project for the routine maintenance of a public aviation facility, known or to be designated as the AIR.°ORT under the Transportation Code, Chapter 22; and WHEREAS, the project is described as airport maintenance at the Beaumont 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 AVN430 LDOC(312000) EXHIBIT "A" Part II - 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 1001/6 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. Upon 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 AVN430 LDOC(312000) may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail 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 11-1. 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 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. 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 This 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(3R0o0) 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 gain direct ground access to the sponsor's 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 is 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 L 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 in 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. 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 j. following completion of the project where airport lighting is part of a project, the Sponsor shall operate such lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning 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. 3. 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. 5. 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 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 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: a. 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 1. 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. 3. 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 AVN430 LDOC(312000) 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 vpid, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising 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(3/2000) Part VI - Acceptances Sponsor The City of Beaumont, 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 12000. City of Beaumont, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title. Certificate of Attorney I, acting as attorney for 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. Dated at , Texas, this day of , 2000. Witness Signature Attorney's Signature Witness Title Title Page 8 of 12 AVN4301.DOC(312000) 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 By: Date: Page 9 of 12 AVN4301.DOC(3/2000) Attachment A Scope of Servk" TiDOT CSJ No.:M020BAMNT PA�'F�NTS � i GENERAL NAIN17ENANCE PAVEMENT MARKINGS j GRADINWRAINAGE ---T --r MISMU ANEOVS - $190,000 $20,009 $170,000 * MOWING NEW 7 . .�___. T° OW S140 000 , U01000 ; $170,000 Apted bp:—Cky Qf Beaumont Texas Signature Date: Notes: (expUratiow of any specifications or vana km as necdod for Owe scope items) S"rfty Of BCau.+ wnt to immm fudinQ= C ■te WM I;Adidm up to the$20_00011laXtttltlm Allowed undo:this&me=-- - Page 10 of 12 AVN4N LDW(rA" TOTAL P.02 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M020BANINT The City of Beaumont does hereby certify that the Airport Fund (Name of Fund) has been established for the City of Beaumont, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the City of Beaumont and that all expenditures from the Fund will be solely for airport purposes. 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 earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Beaumont, Texas (Sponsor) By: Title: Date: Page 11 of 12 AVN430 LDOC(3/2000) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M020BAMNT (Name) (Title) with the City of Beaumont hereby designate (Name, Title) as the City of Beaumont authorized representative, who shall have the authority to make approvals and disapprovals as required on behalf of the City of Beaumont. City of Beaumont. Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Page 12 of 12 AVN430 LDOC(312000)