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SECRETARY'
CONTRACT
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TEXAS DEPARTMENT OF TRANSPORTATION
„ 1 GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
Tx DOT CSJ o.: M1602ALNC
Part I- Identification of the Project
TO: The City of Fort Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Grant is made between the Texas Department of Transportation, (hereinafter
referred to as the "State"), on behalf of the State of Texas, and the City of Fort Worth, Texas,
(hereinafter referred to as the "Sponsor").
This Grant Agreement is entered into between the State and Sponsor shown above, under
the authority granted and in compliance with the provisions of the Transportation Code Chapter 21.
The project is for airport maintenance at the Fort Worth Alliance Airport.
Part II- Offer of Financial Assistance
J. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is
estimated as found on Attachment A, Scope of Services, attached hereto and made a part
of this grant agreement.
State financial assistance granted 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 $50,000.00, whichever is less, per fiscal year and subject to
availability of state appropriations.
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.
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Only work items as described in Attachment A, Scope of Services of this Grant are
reimbursable under this grant.
Work shall be accomplished by August 31, 2016, unless otherwise approved by the State.
2. The State nbu11 determine fair and eligible project coo1s for work scope. Sponsor's share
of estimated project costs, /\onouni C, nbu|l be as found on /\buubnuent /\ and any
uo'eodnneoin.
It is mutually understood and agreed that i[ during the term of this ugreerouoL the State
determines that there is an overrun in the estimated uonuui routine nnuiotcouoce costs, the
State may increase the grant to cover the amount of the overrun within the above ntu1od
percentages and subject io the maximum amount of state funding.
The State wilt not authorize expenditures in excess of the dollar amounts identified in this
Agreement and any amendments, without the consent of the Sponsor.
3. Sponsor, by accepting this Grant certifies and, upon request, sbuU furnish proof to the
State that it has sufficient funds tomeet its nburo of the costs. The Sponsor grants io the
State the right to audit any books and records of the Sponsor to verify expended funds.
Upon execution of this /\@?oonnent and written demand by the State, the Sponsor's
financial obligation (Amount C) sbuD be due in uusb and payable in full to the State.
State may request the Sponsor's financial obligation in partial payments. Should the
Sponsor b*ii to pay their obligation, either in vvbolo or in part, n/itblo 30 days of written
dcnnuod, the State may exc/ulso its riebin under Puzu@/oph \/-3. Likewise, should the
State be uovviiiiog or unable to pay its obil&o1ioo in u timely manner, the failure to pay
shall be considered a breach and the Sponsor may exercise any rights and remedies it has
at law orequity.
The State nbu\| reimburse or credit the Sponsor, at the financial closure of the project, any
cxuenu Dzodn provided by the Sponsor vvbiub exceed Sponsor's share (Amount C).
4. The Sponsor specifically agrees that it shall pay any project uoa(n vvbiub exceed the
amount of fiouuoiu\ participation agreed to by the State. D is further agreed that the
Sponsor will reimburse the 8tu10 for any payment or payments made by the State vvblub
are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph
I1-l.
5. Scope o[Services may be ouuozopiimbed by State contracts or through local contracts of
the Sponsor as detennined appropriate by the 8ta1C. All locally contracted work must be
approved by the State for scope and reasonable cost. Reimbursement requests for locally
contracted work nbuU be submitted no fbnoa provided by the State and shall include
copies ofthe invoices for materials orservices. Payment aba\i be made for no more than
50%of allowable charges.
09/0]/20]5 Page 2nrlz
The State will not participate in funding for force account work conducted by
Sponsor.
-
h. This Grant shall terminate upon completion uf the scope of services.
f»mrtIIK- Sponsor Responsibilities
]. bn accepting this Grant, if applicable, the Sponsor guarantees that:
u. it will, in the operation of the facility, comply with all applicable state and federal
|uvvm, rules, regulations, procedures, covenants and uyourunocy required by the
State in connection with this Grant; and
b. the Airport or navigational facility vvbioh is the subject of this Grant mbul| be
controlled by the Sponsor for o period o[et least 28years; and
C. consistent with safety and security rcguirozncutm, it mbu|| znukc the airport or air
navigational facility available to all types, kinds and c}ummem of aeronautical use
vvdboct discrimination between such types, kinds and c|ummcm and obu|l provide
adequate public access during the period of this Grant; and
d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity onor about un airport landing area. }\oronuudcu| activities
include, but are not Uzndcd 10 scheduled airline flights, cbuoor flights, flight
instruction, aircraft ou|cm, rental and repair, ou]c 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
c. it shall not enter into any agreement nor permit any aircraft to gain direct ground
ucocmm to the sponsor's airport from private property u/6uccnt to or in the
iznoucdin1c area of the airport. Further, Sponsor obuU not uUovv aircraft direct
ground ucoemm to private property. Sponsor mbu|| be subject to this probibition,
commonly known as u ''tbroueb-tbc-tbnoc operation," onlcmm an exception is
granted in writing bythe 61utc due to cx1rornc circumstances; and
[ it ohuU not permit non-aeronautical use of airport facilities without prior approval
of the State; and
9. the Sponsor mbu|| mubznd to the S1u1c uonmul mtutnoueoto of airport revenues and
expenses when requested; and
h. all fioo collected for the use of the airport shall be rcumooub}c and
nondiscriminatory. The proceeds from such fbcm mbuU be used solely for the
development, operation and maintenance of the airport or navigational facility;
and
i. an Airport Fund mbu}| be cm1ub}iabcd by resolution, order or ordinance in the
09N1/2015 Page] ofl2
treasury of the Sponsor, or evidence of the prior crcudon of an existing airport
fund oruproperly executed copy o[the resolution, order, or ordinance creating
such a fund, shall be submitted to the State. The fund may be an account as part of
another fund, but must he accounted for in such u manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as u whole. All fees, charges, rents,
and money from any source derived from airport operations must bc deposited io
the Airport Fund and sbu)) not be diverted to the gcucrn) rcvcooc food or any
other revenue fund of the Sponsor. All expenditures from the Airport Fund sbuD
be solely for airport purposes. Sponsor shall be ineligible for usubsequent grunt
or i000 by the State unless, prior to such subsequent approval of grant or loan,
Sponsor has complied with the requirements of this subparagraph; and
' the Sponsor shall operate runway lighting at )cuot at low intensity from sunset to
sunrise; and
k. insofar as bio 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
in the immediate vicinity of the airport to heights and activities compatible with
uoouu) airport operations as provided in Tex. Loc. Govt. Code /\oo. Sections
24l.00lct seq. (Vernon and Vernon 8opp]. Sponsor shall also acquire and retain
aviation easements or other property interests in or rights to use of land or
airspace, uu|eoo sponsor can oboYv that acquisition and retention of such interest
will be inoprucdou) or will result in undue hardship io Sponsor. Sponsor shall be
ineligible for subsequent grant or loan by the 8tu1c uo)cso Sponsor has, prior to
oubocgocut approval of grant or loan, adopted and puaxcd an airport buzuzd
zoning ordinance or order approved hy the State.
). noovviog services will not be eligible for state linuuciu\ ouoiotunoc. Sponsor will
be responsible for 100Y6of any mowing services.
2. The Sponsor, to the extent of its legal authority 1odo 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 cnnp|oyccs performed under this agreement. The
Sponsor,iuthe extent of its legal authority to do so, shall also save harmless the State, the
State's agents, cnop|oyoco or contractors from any and all expenses, including attorney
ieco vvbicb might be incurred by the 8|u1e in litigation or otherwise resisting c)oino or
\iuh0dieo vvbiob might be imposed on the State as the ccou|t of those activities by the
Sponsor,the Sponsor's agents oremployees.
3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be
evidenced by execution of this (}cun| by the Sponsor. The (}nuni sbo|| comprise a
contract, constituting the obligations and rights ofthe State of Texas and the Sponsor
with respect tothe accomplishment of the project undtbc operation and maintenance of
the airport.
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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 agrees to name an individual, as the Sponsor's
Authorized Representative, who shall be the State's contact with regard to this project.
The Representative shall receive all correspondence and documents associated with this
grant and shall make or shall acquire approvals and disapprovals for this grant as required
on behalf of the Sponsor, and coordinate schedule for work items as required.
5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the
Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be
leased but if the lease agreement specifies that the lessee is responsible for the upkeep
and repairs of the building no state funds shall be used for that purpose.
6. Sponsor shall request reimbursement of eligible project costs on forms provided by the
State. All reimbursement requests are required to include a copy of the invoices for the
materials or services. The reimbursement request will be submitted no more than once a
month.
7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as
provided by the Transportation Code, Chapter 21, constituting the contractual obligations
and rights of the State of Texas and the Sponsor with respect to the accomplishment of
the airport maintenance and compliance with the assurances and conditions as provided.
Such Grant Agreement shall become effective upon the State's written Notice to Proceed
issued following execution of this agreement.
PART IV-Nomination of the Agent
1. The Sponsor designates the State as the party to 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.
2. 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:
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, enter into contracts as necessary for execution of scope of services;
C. if State enters into a contract as Agent: exercise supervision and direction of the
project work as the State reasonably finds appropriate. Where there is an
09/01/2015 Page 5 of 12
irreconcilable 000OkJ or difference of opinion, judgment, order or dboo1ioo
boivvoco the State and the Sponsor c« any service providcr, the State abaU issue u
written order which mba|| prevail and be controlling;
d. rcocvc review, approve and pay invoices and payment requests for services and
materials supplied iu accordance with the State approved contracts;
c. obtain an uodb as may be required by s1u1c regulations; the 8tu1c Auditor may
conduct an audit or investigation of any cu1iiy receiving funds from Tx[)O.[
directly under this contract or indirectly through u subcontract under this contract.
/\oocpiunoc of funds directly under this oon1ruoi or indirectly through a
aoboonbuot under this contract acts as uoocpiunoe of the authority of the 8tu1c
Auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds. Ao entity that im the subject ofun
audit or investigation nnuo1 provide the mtu1s auditor with uoucax to any
information the a1u1c auditor considers relevant iothe investigation or audit.
C reimburse sponsor for approved contract maintenance costs no more than once a
month.
PART V-Recitals
|. This Grant ia executed for the sole bcucfiiof the contracting parties and im not intended or
executed for the direct or incidental benefit of any third party.
2. It is the intent of this grant 10 not supplant |oou| funds normally utilized for airport
nuuin1cnunoc, and that any state finunoiu| ummis1anoc offered under this grant be in addition
to those |oou| 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. Loo. Govt. Code Ann. 8codona 241.001 et mcg.
(Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the
rules and aia1utcm abu/| be considered ubrcuch of this contract and will allow the State to
pursue the rcrucdico for breach as s1u1cd below.
u. Of primary importance to the State is compliance with the terms and conditions of
this Grant. [L bwvvcvcr, after all reasonable attempts 10 require compliance have
failed, the 5tu1c finds that the Sponsor is unwilling and/or unable to comply with
any of the terms of this {}ruu1, the 51u1c, may poraoc any of the D/||ovviug
ccoocdics: (l) require u refund of any bnunoiu| umaia1unoo money expended
pursuant tothis Grant, (2} deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement ofany financial assistance
money expended on the project pocauun1 10 this Gcuo1, provided however, 1hcyc
remedies abu|| not |innd the 5tu1c'y authority to enforce its rules, regulations or
09/01/2015 Page ovfl%
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 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 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 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.
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Part VI Acceptances
Sponsor
The Ity of Fort Worth, Texas, does raiily° and adopt all statements, representations,
warranties, covuiants, agreements, and all terms and conditions of this Grant.
E.xecuted this /8&, day of : && -
. . ...... IS
Fhe CLty
_qfjort Worth,_J.'exas
... .................. .........
Spon-soi-
<___
................... ...
Witness SignatUre Sponsor Signature
Assistant City Manager
............................. .......................... ..................
Witness Title Sponsor Title
Certificate of Attorney
1, Paige Mebane
——___--., arCting as attorney for the City of Fort Worth, Texas, do
certify that I have fully examined the Grant and the procc:edings taken by the Sponsor relating to
the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant
by the Sponsor, is in qccordai][ce with the laws of the State al`]'exas.
Dated at Fort............................Worth Texas, this clay of 0 15�.
.......
Witness Signature A rney's S ignaftire 0
Witness Title
=&4 5pO'
t a r
Ct huthorisation ary J. S goosem T1? "1
con
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0 mm
Date
..............
OFFICIAL IIECORD
CITY SECRETARY
09/01/2015 Page 8 of 12 Rni,', T X
�1.............._.......... _..............
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 DEPART MENT OFT RANSPORTATION
S5
BY:- r N
......----------- ------
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: /5
11),F F E R 3
CITY(
Wlt',)R"'
09/01/2015 Page 9 of 12
Attachment A
Scope of Services
1:1 xDOT C J Nro.: 160 A;L,NC
1.wt 'naterl Costs State Share Sponsor Share
Eligible Scope' 1�It1® a oust A oust Amount C
('r"ENERAL MAINTENANCIE-e $84,000.00 $42,000.00 $42,000.00
Special Project 0.00 $0.00 $0.00
Special Project $0.00 $0.00 $0.00
Special:Project $0.00 $0.00 $0.00
Special Pr(kiect $0.00 $0.00 $0.00
Special.Project $0.00 $0.00 $0.00
TOTAL $84,000.00 $42,000.00 $42,000.00
.cce teal ,J i t q.Ior II.,, t e . ..... ._.w.
Signature
Title: Assistant City Manager ..._ .._ _...........n
Date:
materials, ticar,rrt�, u �mrandulu �; rn �lrr�l7aaa.. r�el irr � r�l� k .. j , c�ka, ae.... '4
, s 9 ,� �1�6� . �curaa ��tu�i , ti aid III
s ,�caar c r ma y n ci us,,��1ec t ..� YQ�l mar.N,.5._l .t, m ,_ �,�� to , k _V ;i n> ;wme� caa t a1
ljtjm es io al services for n.vironin�r��a� ��;�r��li�a��� , ;� a:��Yecj..,l�� �e�°l: ���l�u� m�t� �.�al
Only gar items as described in Attachment A, Scope of Services of this Grant are
reimbursable under this grant.
OFFIICIAI IECORD
MY SEC.''RETAtur
T,,,,.. OR1,1111 ,C,T ., ,..
09/01/2015 Page 10 of']2
CERTIFICATION OF AIRPORT FUND
TxDOT CSJ No.: M I 602ALNC
The City of Fort Worth does certify that an Airport Fund has been established for the Sponsor,
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 Sponsor and that all expenditures
from the Fund will be solely for airport purposes. The 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 Fort Worth
,Texas
(Sponsor)
Title: Assistant City Manager
Date:---
Certification of State Single Audit Requirements
1, Fernando Costa , do certify that the City of Fort Worth will comply with all
(Designated Representative)
requirements of the State of Texas Single Audit Act if the City of Fort Worth spends or receives
more than the threshold amount in any grant funding sources during the most recently audited
fiscal year. And in following those requirements, the City of Fort Worth will submit the report
to the audit division of the Texas Department of Transportation. If your entity did not meet the
threshold in grant receivables or expenditures, please submit a letter indicating that your entity is
not required to have a State Single Audit performed for the most recent audited fiscal year.
.............27ft"-
Signature
Assistant City Manager
Title
Date
................
AY R!' ,3,RD
09/01/2015 Page I I of'I 2 c�rry SECRETAFrItY
1,""I WOR"I"IiI., TX
DESIGNATION OF SPONSOR'S AUTHORIZED ESETATIVE
TxDOT CSJ Number: M1602ALNC
The City of Fort Worth designates, William Welstead, Aviation Director
(Name, Title)
as the Sponsor's authorized representative, who shall receive all correspondence and documents
associated with this grant and who shall make or shall acquire approvals and disapprovals for
this grant as required on behalf of the Sponsor.
The City of Fort Worth, Texas
'j)onsor)
BY__..._. _
Title: Assistant City Manager
Date: B
EIATE REPRESENTATIVE
Mailing Address:
3951 Lincoln Avenue
Fort Worth, Texas 76106
Overnight Mailing Address:
Same as above
Telephone/Fax Number: P: (817)392-5400/(817)392-5413
Email address: billwelstea Ca-)fortworthtexas.gov, shannon.davis@fortworthtexas.gov
%[/i/(,/�V 1 i YO!��r
09/01/2015 Pagc 12 of 12
M&C Review Page I of 2
Offidal siLe cq I:Ihe:d.:11.y¢rl 6'cmL"w"u`cmUh °re:xpb,s
COUNCIL ACTION: Approved on 8/18/2015 -Ordinance No. 21829-08-2015
DATE: 8/18/2015 REFERENCE NO.: **G-18533 LOG NAME: 55AFWRAMP2016
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth
Alliance Airport from the Texas Department of Transportation, Aviation Division, if Offered,
in the Amount of$50,000.00, Accept Contribution from Alliance Air Services in the Amount
of$50,000.00 for the City's Grant Match and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Alliance
Airport from the Texas Department of Transportation, Aviation Division, in the amount of$50,000.00;
2. Authorize the acceptance of the contribution from Alliance Air Services in the amount of
$50,000.00 for the City's match; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Airport Grants Fund in the amount of$100,000.00, contingent upon the receipt of the grant from
the Texas Department of Transportation and contribution from Alliance Air Services.
DISCUSSION:
Each year, the City of Fort Worth receives a grant offer from the Texas Department of Transportation
(TxDOT) to provide needed routine maintenance items at Fort Worth Alliance Airport (Alliance
Airport)with a total eligibility amount of$100,000.00. This grant requires a 50 percent match of
eligible project costs or up to the amount of$50,000.00, whichever is less. Alliance Air Services, the
company that manages Alliance Airport, will reimburse the City of Fort Worth for 50 percent of eligible
costs or up to the amount of$50,000.00, whichever is less.
Allowable expenses under the Routine Airport Maintenance Project (RAMP) Grant include, but are
not limited to, pavement crack sealing, pavement markings, drainage replacement or maintenance,
replacement bulbs/lamps for airside lighting fixtures and security fencing. Engineering and design
expenses are allowed for small capital projects that include, but are not limited to, public parking
areas, hangar access roads and extension of runway lighting systems.
TxDOT does not permit reimbursement of indirect costs in this grant.
AVIATION ADVISORY BOARD: The Aviation Advisory Board voted unanimously to recommend
approval of this action on July 14, 2015.
Alliance Airport is located in COUNCIL DISTRICT 7, Mapsco 7G, 7L and 7Q.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21296&councildate=8/18/2015 10/16/2015
M&C Review Page 2 of 2
The Financial Management Services Director certifies that upon approval of the above
recommendations, and adoption of the attached appropriation ordinance, funds will be available in
the current operating budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 451942 055XXXXXX000 $50,000.00
GR14 488385 055XXXXXX000 $50,000.00
GR14 539120 055XXXXXX010 $100,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Welstead (5402)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
55AFWAMP2016 GR14 AO.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21296&councildate=8/18/2015 10/16/2015