HomeMy WebLinkAboutResolution - 081469F - Accepting Grant Offer - Albuquerque Area, FAA - Airport Terminal - 08_14_1969I
R E S O L U T I O N
'
ACCEPTING GRANT OFFER
AND APPROVING AND ENTERING INTO GRANT AGREEMENT
AND DECLARING AN EMERGENCY
BE IT RESOLVED by the Mayor and Council of the City of Lubbock, Texas:
SECTION 1. That the Mayor and Council of the City of Lubbock, Texas,
shall and they do hereby accept a Grant Offer of Federal funds as made by
the Area Manager, Albuquerque Area, Federal Aviation Administration,
transmitted by letter dated 2 9 JUL 1969 , for the purposes therein
set out; that said Mayor and Council do hereby accept all the terms,
conditions, and obligations therein and thereby imposed and by their
acceptance of same do hereby ratify the Project Application, and do
hereby acknowledge such instruments as constituting a solemn and binding
agreement with the United States Government, for the purpose of obtaining
Federal aid in the development of the West Texas Air Terminal of Lubbock,
and that such agreement shall be as set forth hereinbelow.
SECTION 2. That the Mayor of the City of Lubbock, Texas, is hereby
authorized and directed to evidence said City's agreement by affixing
his signature to such agreement which is hereby executed in quintuplicate,
Secretary -Treasurer
and the City &kmrk is hereby authorized and directed to impress the
official seal of the City of Lubbock, Texas, thereon and to attest said
execution.
SECTION 3. That the Grant Offer referred to hereinabove shall be
as follows:
SECTION 4. For the preservation of the public peace, health, and
safety, an emergency is hereby declared to exist by reason whereof this
Resolution shall be in full force from and after its passage and approval.
PASSED AND APPROVED by a majority vote of theeCouncil of
the City
of Lubbock, Texas, and approved by me this
�`" day of
19
v • t
W. D. Rogers, Jr., MA 0
ATTEST: Appr ed:
CITY GM3a& SECRETARY -TREASURER Fred O. Aneir,Jr.
City Attorney
CERTIFICATE
City Secretary -Treasurer
I, Lavenia Lowe , the duly qualified and acting/XtaTxZ1xzixx
of the City of Lubbock, Texas, do hereby certify that the attached from
the minutes of the /t�a 014"' meeting of the City Council of said
City of Lubbock, Texagg held on fL , 19�/ is a true and
correct copy of the original minutes of said meeting do file and of record
insofar as said original minutes relate to the matters set forth in said
attached extract, and I do further certify that a copy of the Resolution
appearing in said attached extract is a true and correct copy of such
Resolution adopted at said meeting and on file and of record in my office.
In testimony whereof, I have hereunto set my hand and seal of said
City of Lubbock, Texas, this day of 19
CITY Vtjft SECRETARY -TREASURER
(SEAL)
No Text
.'� Page 2 of 10 pages
INOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal
1
Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and .
ratification of the representations and assurances contained in said Project Application, and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States
and the public from the accomplishment of the Project and the operation and maintenance of the
Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF,OF
THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of
j the allowable costs incurred in accomplishing the Project,
50 percent -- —
i
This Offer is made on and subject to the following terms and .conditions:
1. The maximum obligation of the United States payable under this Offer shall be
$ 393,314
2. .The Sponsor shall:
(a) begin accomplishment of the Project within one hundred eighty (180): days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations .of the
United States hereunder by the FAA;
(b) tarry out and complete the Project without undue delay and in accordance with the
terms hereof, the_ Federal Airport Act, and Sections 151.45-151.55 of the Regulations
of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of
this Offer; which Regulations are hereinafter referred to as the "Regulations';
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula-
tions.
.4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 151.57 - 151.63 of the Regulations., .
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 151.63 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
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5 The Sponsor shall operate and maintain the Airport as Provided in the Projec.t.Applica-
tion incorporated herein and specifically covenants and agrees,, in accordance with its
Assurance 4 in Part III of said Project Application, that in its operation and the operation
1 of all facilities thereof, neither it nor any person or organization occupying space or facili-
ties thereon will discriminate against any person or class of persons by reason of race, color,
9 creed or national origin in the use of any of the facilities provided for the public on the
airport.
s 6. The FAA reserves the right to amend or withdraw this Offer at any time -prior to its
acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
j 16 September 1969 or such subsequent date as may be prescribed in writing
S by the FAA.
I $• In addition the sponsor shall:
(a) Incorporate or cause to be incorporated in each contract for
construction work under the project, or any modification thereof,
the equal opportunity clause as set forth in Section 202 of
Executive Order No. 11246 of 24 September 1965, or such modi-
fication thereof as may be approved by the Secretary of Labor.
(b) Incorporate or cause to be incorporated in each bid or proposal ,
form submitted by prospective contractors for construction work
under the project the provisions prescribed by Section 151.54(d)(1),
Part 151, Federal Aviation Regulations.
(c) Be bound by said equal opportunity clause in any construction
work under the project which it performs itself other than
through its own permanent work force directly employed or
through the permanent work force directly employed by another -
agency of Government.
(d) Cooperate actively with the FAA and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) .Furnish the FAA and the Secretary of Labor such information as
they may require for the supervision of such compliance and .
will otherwise assist the FAA in the discharge of its primary
responsibility for securing compliance.
(f) Refrain from entering into any contract or contract modification
subject to Executive Order.No. 11246 with a contractor debarred
from, or who has not demonstrated eligibility for, Government
contracts and Federally assisted construction contracts pursuant
to Part II, Subpart D of Executive Order No. 11246.
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d.
(g)
Carry out such sanctions and penalties for violation of the
equal, opportunity clause as may be imposed upon contractors
and subcontractors by the FAA and the Secretary of Labor,
pursuant to.Part II, Subpart D of Executive Order No. 11246;
_
and in the eventthat the sponsor fails or refuses to comply
with its undertakings, the FAA may cancel, terminate, or
suspend, in whole or in part, any contractual arrangement it
may have with the sponsor, may refrain from extending any
further assistance under any of its programs subject to "
3
Executive Order 11246 until satisfactory assurance of future
compliance has been received from such applicant, or may
refer the case to the Department of Justice for appropriate
legal proceedings.
.(h)
It is understood and agreed that the terms "Administrator of
`
the Federal Aviation Agency," "Administrator," or "Federal
Aviation Agency" wherever they appear in this Agreement, in
the Project Application, Plans and Specifications, or other
documents, constituting a part of this Agreement shall be
deemed to mean the Federal Aviation Administrator or the
Federal Aviation Administration, as the case may be.
9..(a)
The Sponsor's financial records of the project established,
maintained and made available to personnel of the FAA -in
conformity to Section 151.55 of the Regulations of the
Federal Aviation Agency (14 CFR 151) will also be available
to representatives of the Comptroller General of the United
States.
(b)
It is understood and agreed that the phrase "Section 77.23
as applied to Section 77.27, Part 77 of 'the Federal Aviation
Regulations" is hereby substituted for an in lieu of the
phrase."Section A of FAA Technical Standard Order No. N18,
or Advisory Circular (AC) No. 150/5300-1, whichever is
applicable according to the currently approved airport
layout plan" where it appears in paragraph 7, Part III of
the Project Application incorporated into the Grant Agreement.
(c)
It is understood and agreed that the attached Sponsor's
Assurances of nondiscrimination in Federally assisted programs
of the Federal Aviation Agency, providing the assurances'
required by Title VI of the Civil Rights Act of 1964 and by
Part 15 of the Federal Aviation Regulations as amended,
executed for.and on behalf of Sponsor by
Leroy Hanes, Acting Director of Aviation ,
under date of 29 May 1969 , are hereby .:
incorporated into this Grant Agreement. ;°i
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(d)
It is mutually understood and agreed that the Plans and
Specifications approved and dated 10 April 1969
by the Chief, Airports Branch, Albuquerque Area Office,
are hereby made a part of this Grant Agreement.
(e)
It is understood and agreed by the parties hereto that, ,'. ...
the Property Map, Exhibit "A" made a part of this Grant:...'
Agreement is the Property Map, Exhibit "A" for Project
No. 9-41-071-C913, dated 13 December 1968, attached to
the Project Application.
10. Notwithstanding the provision of Paragraph 3, Part III, of
the
.Project Application, the Sponsor -
(a)
Will not grant or permit any exclusive right forbidden
by Section, 308(a) of the Federal Aviation Act of 1958
(49 U.S.C. 1349(a)) at the airport, or at any other
airport now or hereafter owned or controlled by it; `
(b)
Agrees that, in furtherance of the policy of the
FAA under this covenant, unless authorized by the
Administrator, it will not, directly or indirectly,
grant or permit any person, firm, or corporation
the exclusive right at the airport, or at any other
airport now or hereafter owned or controlled by it,
to conduct any aeronautical activities, including,
but not limited to, charter flights, pilot training,
aircraft rental and sightseeing, aerial photography,. '
crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services,
>sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical
activity, repair and maintenance of aircraft, sale
of aircraft parts, and any other activities which
because of their direct relationship to the operation
of aircraft can be regarded as an aeronautical activity,
(c)
Agrees that it will terminate any existing exclusive
right to engage in the sale of gasoline or oil, or
both, granted before 17 July 1962, at such an airport, i
at the earliest renewal, cancellation, or expiration
date applicable to the agreement that established
the exclusive right; and
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(d) Agrees that it will terminate any other exclusive
right now existing at such an airport before the
grant of any assistance under the Federal Airport Act..
10. Pursuant.to Paragraph 9, Part III of the Project Application
dated 29 May 1969 the Sponsor hereby covenants and agrees
to furnish the Federal Government without cost, within four
months after written request therefor, such estates or -
interests in such lands or rights in buildings as are
deemed necessary by FAA for the construction and operation .
on the airport of the structures or facilities set forth
below, provided the respective areas of land and/or
buildings deemed adequate by FAA for such purposes are
available without the necessity for removing or relocating. ,
other facilities and are within the geographic boundaries
of the airport at the time request therefor is made by the.
FAA; tggether with rights of ready access in and to such
areas or buildings for construction, occupancy and use and
the right to connect to existing utilities and to be
furnished the utility services required to the extent of
available capacity at no more than prevailing rates. The
facilities or structures involved and the maximum area of
land, or rights in buildings, the Sponsor is obligated to
furnish for each are as follows:
Air traffic control tower -approximately two acres
It is further understood and agreed that nothing contained'..
herein shall in any affect the rights of the United
States or obligations of the Sponsor under prior Grant
Agreements to furnish rent-free space for the activities
specified in such prior Agreements nor shall anything
contained herein be construed as obligating the Federal
Government to construct, occupy or operate a control tower f
or 'flight service station at the airport.
11; Notwithstanding the provisions of Special Condition 8 hereof,
it is understood and agreed that the Sponsor will be bound by
and take all action required by Appendix 1 attached hereto and
made a part hereof for all purposes. It is further understood
and agreed that the word "Sponsor" be substituted for the word
"applicant" wherever it appears in Appendix 1.
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Li;: •'_°ic nt-hereby;a�rees:.ihat it will incorporate or cause to,be ncor
A;. t0 any contract f01 ConStTUCtiOri SdOrk, or modification',thereof,
Gel: c;C .i:1'tha regulations of tiie Secretary of.Labor.•at 41 CF11 Chapter
C! is id 'for in whole or in part with funds obtained from the rederal
Cou._.,..:. r. or. `aorrowccl-'or, the credit of . the Federal Governr:ent. pursuant to
c, contract ,'loan, insurance, or ;uarantee, or undertaken pursuant to
any Cuz al program, involving such grant, contract, loan, insurance, or
5uc ..-.tea, t::e following equal opportunity clause:
J1':lhg th e performance of. this contract, the contractor agrees as follows
( } e contractor will not discriminate against any employee or applicant
or employent because of -•race, creed, color, or national :origin. The.
co -.tractor will take:affirmative action to ensure that applicants are
e-•;aoyed, and that employees are treated during employment without regard
to their race, creed, color, or national origin. Such action shall include,`:
out not Be limited to .the following Employment, upgrading, demotion, or
traasf:r;. recruitment or recruitment advertising; layoff or termi:.atid.1;.'
-Etas oz pay,or.other. forms of compensation; and selection for training,`
including apprenticeship. .The contractor agrees to post in conspicuous.
-places,. available to employees and applicants for employment, notices to
be.pro vided setting.forth the provisions.of this nondiscrimination .clause..
(2) the contractor will, in all solicitations or.advertisements for
ees placed by oron behalf of the contractor, state that.all,qualified
applicarts will receive consideration for employment without regard to race,
creed,.. color, or national origin.
(3) The.contractor will send to each labor union or representative of
workers with:,%ahich he has a collective bargaining agreement or other:contract :I
understanding, a notice to be provided advising the said labor union'
or workers' representatives of the contractor's commitments under this
section, and shall,post copies of the notice in conspicuousplacesavailable.::
to employees and applicants for employment.
(4)..The, contractor _will conply.with all provisions of Executive Order 11246
0: .24 September 1965, and of the rules, regulations, and relevant.orders
of the Secretary of Labor.
(5) The contractor will' furnish ail information and reports required by
Executive Order 11.246.of 24.September 1965, and by rules, regulations, and
Orders Of the.Secret&ry Of Labor, 'or pursuant thereto, and will permit access
to. %is .books, records,, and accounts by the.administering.agency and the
Secretary of Laborfor purposes of investigation to. ascertain compliance with
such rules, regulations, and orders.
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page, 8 of 10. 'Pages
(S.) . e`event of, the contractor's noncompliance with the nondiscrimination'
•Ci:L"'_e.z O� .:.s'.contract or'.Twith any of.:the said rules, regulations, or
614-ra' ci:is co:tract'^ay.be canceled, terminated, or sus;iendedin:whoe•..
or. L:.d. _the .contractor n:ay be declared ineligible for Zurt-her
Gotir.:_:.c..tracts or federally assisted construction contracts in accordance'
vats ,rcc;:aL:_us'zut-horized.in Executive.Order•11246 o2 24 September 1965,;
and rzauc . sanctions may. be ir.:posed and remedies involved as provided
i' c�tiva O•rd�r 11246; of 24 September 1965, y or brule, regulations,'or
o drr of t1,a Sac etary of Labor, or as other ise provided by law.
(7j ...c contractor will include the portion of the sentence inLaediately
p�ecc� YDc agr.a�h (1).and the provisions of paragraph, (1) through (7).
:.ev;.ry ;;4btontract or purchase order unless exempted :by rules,. regulations,
Or: orders of the Secretary of Labor issued pursuant to Section 204 of
E;cccutivc Crder:11246 of 24 September 1965; so that such provisions wi 1
be biding upon-eachsubcontractor or. vendor. .The contractor -will "take.
'
'such .action with respect. to any subcontract or purchase order as the -
adninistering agency may.direct`as a means of enforcing such .provisions,°
incluc.:rg sa:lctiors for noncompliance: Provided, however, That ir. the
;.'.CVellt�a'contractor becomes involved in, or is threatened, with, litigation
witha subcontractor or vendor as a result of such direction by the ,
.'a.J.nistering agency, the contractor may request the United States to '
enter into such litigation to protect the interests of the United States.
The 'a pl :cart further agrees that it twill, be bound by the above equal
onportunity clause with respect to its own employment practices when it
pur;icipates in. cederally'assisted construction work: Provided, That
five roplicarit: so p4rticipating is a State or local government.,five
stove equal opportunity clause is not.applicable to any agency, instru
man.a13'ty or. subdivision of such goverrnent which does not participate.
ir, work or, or under. the contract.
he a;.>plicant agrees that it will assist and cooperate actively with
t o administering agency and the Secretary of Labor in obtaining the ,
ccrpliwnce of contractors and subcontractors with the equal opportunity y.
c_auso.and the rules, regulations, and relevant orders of the Secretary
0 Labor. that it will furnish.the administering agency and the Secretary
of:Labor such information 'as they may require for the supervision of such „
coT)U' anca, and that it will otherwise assist the administering.agency.in .
L, discharge of the agency's primary responsibility:for securing compliance i
:I
a applicant further agrees .that it will refrain 2rom.entering into any
contract or contract modification subject to Executive Order 11246 of
Scptembe. 196.5, with a.contractor debarred from, or who has not
4er..J,str�ted elibigility for, -Government contracts and federally assisted
:'construction contracts"pursuant',to the Executive Order and will carryout I
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The Sponsor's acceptance .of this Offer and ratification and adoption of the Project Application
.incorporated, herein shall be evidenced `by execution of this instrument by the Sponsor, as herein-
after provided, and said Offer and Acceptanceshall comprise a Grant Agreement, as provided by .
the Federal Airport Act, constituting the obligations and rights of the United States and the Spon-
sor with respect the accomplishment of the Project and the operation and maintenance of .the Air-
port. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this.Offer and
shall remain in full force and effect throughout the useful life of the facilities developed under the
Project but in anyevent not to exceed twenty years from the date of said acceptance.
UNITED ST TES O RICA '
FEDERAL A N AGENCY
By Acting Area Ma ger,. lbuquerque Area
............. TLE)
„•:.; Part II -Acceptance
The does hereby ratify and adopt all statements,
representations, warranties, covenants,' and agreements contained in the Project Application and
,incorporated materials referred .to in the foregoing. Offer and does hereby accept said Offer and
by, such acceptance agrees to all of the terms and conditions thereof.
Executed this day of ............... 19.
(N e o nsor)
By ..
M. (SEAL) +.
Title .. !
Attest:
Title....................
CERTIFICATE OF SPONSOR'S ATTORNEY
I,' .............. . ..::.., acting as Attorney for ....... .
(herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly`auth
orized and that the execution thereof is in all respects' due and proper and in accordance with the
laws of the State of .. ..:....... . ..... and further that, in my. opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the .terms
thereof. ..
Dated at ...... .. this ........ day of . . , 19,
Title
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