HomeMy WebLinkAboutResolution - 111176L - Acceptance Of Grant Offer - Federal Aviation Administration - Regional Airport - 11_11_1976J:lb
RESOLUTION
ACCEPTING GRANT OFFER
AND APPROVING AND ENTERING
INTO GRANT AGREEMENT
//// 9ep c
IT RESOLVED by the Mayor and City Council of the City of Lubbock,
reinafter termed "City"):
SECTION 1. THAT the City, acting througWits Mayor and City Council,
ereby accepts the Grant Offer as made by the Acting Chief, Albuquerque
irports District Office, Southwest Region, Federal Aviation Administration,
ader date of October 20, 1976, for the purposes therein set out; that said Cit3
ereby accepts all of the terms, conditions, and obligations therein and there-
y imposed, and by acceptance of same does ratify the Application for Federal
,ssistance, and acknowledge such instruments as constituting a solemn and by
ig agreement with the United States Government for the purposes of obtaining
ederal aid in the development of the Lubbock Regional Airport, and that a
spy of such agreement is attached hereto, incorporated herein by reference,
zd made part hereof as though set forth at length herein.
SECTION 2. THAT the Mayor of the said City is hereby authorized and
irected to evidence the City's agreement by affixing his signature to such
greement, which is hereby executed in sextuplicate, and the City Secretary-
'reasurer is hereby authorized to attest said execution.
'assed,-`Approved, and Adopted by a majority vote of the City Council of the
aid -City -:and approved by me this 11 th day of NovpmhPr 1976.
1
ROY BASS, MAYOR
.' TEST:
.. - l h /i
a Y11wips,
reasurer
D AS TO FORM:
:nt r, r. , City Att rney
AL
Opp
Page 1 0£� r r y - 4 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
_ art 1-Offer
TO: The City' of iftbhock j, Tome
herein referred .to as the .'Sponsor"):
FROM: The United States of America. (acting through -the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated X4ptes&er is, 19 6
for a grant of Federal funds for a project for develop-
ment of the , hab Ae a e1 Airport (herein called
the "Airport"), together with plans and specifications for such project, which Project Application,
as approved by the. FAA is hereby. incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following -described airport development: .
cmviete «verb of wag, 17C/3SL1 •vary; 0djuxt UM an
bra ii33t. {i�ci+naai.. araeCi+ctt4� .
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application; a
FAA FORM 5100-13 PG. 1 110-711 SUPERSEDES FAA FORM 1632 PG. 1 PAGE t
Page 2 of 4 pages
NOW THEREFORE, pursuant to and' for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970,'as amended (49 U.S.C. 1701), 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 AD-
MINISTRATIONj FOR AND ON BEHALF OF THE UNITED STATES, .HEREBY OFFERS AND
AGREES :to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, :.
.90 per
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
2. The Sponsor shall'
(a) begin accomplishment of the Project within tlxis (SO) 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;
1' (b) <-carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51-
152.63 of the Regulations of the Federal.Aviation Administration (14 CFR 152) in
-effect as of the -date of acceptance of this Offer; which Regulations are hereinafter
I ; referred to as the "Regulations"; -
(c) .: carry out and complete the Projecf in accordance with the plans and specifications
E and property map, incorporated herein, :as they may be revised or modified with the...
f 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 a's to allowability under Section 152.47 (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.152.65 — 152.71 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 152.71 of.the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 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.
A FORM 5100-13 PG. 2 17-7Z) I SUPERSEDES PREVIOUS EDITION PAGE 2
Page 3 of 4 pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or facilities thereon will discriminate
against any person or class of persons by reason of race,.color, creed
or national origin in the use of any of the facilities provided for the
public on the Airport.
b. 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 December 1, 1976
or such subsequent date as may be prescribed in writing by the FAA.
8. It is understood and agreed that the Sponsor will provide for FAA
employees adequate parking accommodations satisfactory to the
Administrator at all FAA technical facilities located on the Airport.
It is further understood and agreed that Sponsor will provide, without
cost, adequate land for the purpose of parking all official vehicles
of the FAA (government and privately owned when used for FAA business)
necessary for the maintenance and operation of the FAA facilities on
the Airport. Such land shall be adjacent to the facilities served.
9. The Sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the Airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative
as identified by the FAA Regional Civil Rights Office. The Sponsor will
disclose and make information about the contracts, contracting procedures
and requirements available to the designated OMBE representative and
minority firms on the same basis that such information is disclosed and
made available to other organizations or firms. Responses by minority
firms to invitations for bids shall be treated in the same manner as 'all
other responses to the invitations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appen-
dix C(a)(1)(x), Regulations of'the Office of the Secretary of
Transportation.
10. It is understood and agreed that the term "Project Application"
wherever it appears in this Agreement, in Specifications or other
documents constituting a part of this Agreement shall be deemed to
mean the "Application for Federal Assistance".
SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75)
Page 3a of 4 pages
11. The Airport development in this project will be that hereinabove'set
out and will be carried out as more particularly described on the
property map attached (to the Application for Federal Assistance
zr
`
attached hereto)* A2gftZ=x
E#x
J4iii.el47C Qom,][
i3bc and in the plans and -specifications (approved by)*
�'-
the FAA on August 23, 1976 which are all
t
made a part hereof.
LT* Strike out inappropriate wording. /
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i
12. It is further understood and agreed that FAA approval of the project
included in this Agreement is conditioned on the Sponsor's compliance
I
with applicable air and water quality standards in operating the Airport
and in accomplishing any construction hereunder; further, that failure
to so comply may result in suspension, cancellation or termination of
Federal assistance under the Agreement.
13.. In addition the Sponsor shall:
(a) 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 60-1.7(b)(1)
and 60-1.8(b) of the Regulations issued by the Secretary of Labor
I
(33 FR 7804, 41 CFR Part 60-1).
i
(b) Comply with the provisions set forth.in Appendix I, attached hereto.
14. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to paragraph 27, of Part V Assurances of the
Application for Federal Assistance attached hereto., and, therefore, it is
understood and agreed that the Sponsor is under no obligation to furnish
any areas or rights without cost to the Federal Govercmient under•this
Grant Agreement.
15. Assurance Number 18 of Part V of the project application incorporated
herein is amended by including -at the end of the second sentence the
following language:
"including the requirement that (A) each air carrier,
authorized to engage directly in air transportation
pursuant to Section 401 or 402 of the Federal Aviation
Act of 1958, using such airport shall be subject to
nondiscriminatory and substantially comparable ratef,
fees, rentals, arkd other charges and nondiscriminatory
SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWRO 8-19-76) ^
a
-and ,
to g U
Y ty <<
Page 3b of 4 pages
conditions as are applicable to all such air carriers
which make similar use of such airport and which
utilize similar facilities, subject to reasonable clas-
sifications such as tenants or nontenants, and combined
passenger and cargo flights or all cargo flights, and
such classification or status as tenant shall not be
unreasonably withheld by any sponsor provided an air
carrier assumes obligations substantially similar to
those already imposed on tenant air carriers, and (g)
each fixed base operator using a general aviation air-
port shall be subject to the same rates, fees, rentals,
and other charges as are uniformly applicable to all
other fixed base operators making the same or similar
uses of such airport utilizing the same or similar
facilities. Provision (A) above shall not require the
reformation of any lease or other contract entered into
by a sponsor before July 12, 1976. Provision (E) above shall not
require the reformation of any lease or other contract
entered into b a s onsor before Jul 1 1975 "
y p Y •
16. It is understood and agreed that no part of the Federal share of
an airport development project for which a grant is made under the
Airport and Airway Development Act of 1970, as amended (49 U.S.C.
1701 et seq.), or under the Federal Airport Act, as amended
(49 U.S.C. 1101 et seq.), shall be included in the rate base in
establishing fees, rates, and charges for users of the airport.
17. This project and all work performed thereunder is subject to
the Clean Air Act and the Federal Water Pollution Control Act.
Accordingly,
(a) The sponsor hereby stipulates that any facility to
be utilized in performance under the grant or to
benefit from the grant is not listed on the EPA
.List of Violating Facilities.
(b) The sponsor agrees to comply with all the requirements
of Section 114 of the Clean Air Act and Section 308 of
the Federal Water Pollution Control Act and all
regulations issued thereunder.
(c) The sponsor shall notify the FAA of the receipt of
any communication from the EPA indicating that a
facility to be utilized for performance of or
benefit from the grant is under consideration to be
listed on.the EPA list of Violating Facilities.
SUPPLEMENT - FAA Form 5100-13 - Page.3b (ASWRO 8-19-76)
(d) The s Page 3c of 4 Pages
sponsor agrees that he will include or cause to be
included in any contract
which exceeds or subcontract under the
these sub $100,000 the criteria and re grant
paragraphs (8) through (da requirements in
f... �n .iw. il,.+ a +4 •l•`.�.i� -�_-n..w :.
Page 4 of Is pages
►-- 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 Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. 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 any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL .A ATION ADMINISTRATION
Part 11-Acceptance
The City of LaUU*r&, Texas 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
TOM
" .
(Na. .of Sponsor)
By.......... .... • ........ ..........
(SEAL)
Title........ ....... �P r ..... .......... .
Attest:........ ......................
Title:... 5�k ...... ..T 1° ?t'. .. .
CERTIFICATE OF SPONSOR'S ATTORNEY
I . . .. .. ..:..... ....... ..:.. ,acting as Attorney for g, a.f UARwqk. ..... .
(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 ... =*X . ........... .. ... . 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 ........ +pity ttcmer............
FAA FORM 5100-13 PG 4(10-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
C at Y
Y`xiW-1,
00��`F.rt .6„7 .
Page 1 of 3 pages
APPENDIX 1
The Sponsor hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined
in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is
paid for in whole or in part with funds obtained from the Federal Government
or borrowed on the credit of the Federal Government pursuant to a grant,
contracts loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee the
following equal opportunity clause.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex
or national origin. The contractor will take affirmative,action
to insure that applicants are employed, and that employees are
treated during employment without regard to their race, color,
sex or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination, rates of 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 provided setting forth
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative
• of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the
contractor's citments under this section, and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of 24 September 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
Page 1
Y
Page 2 of 3 pages
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of 24 September 1965,
and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investi-
gation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of -this contract or with any of
: the said rules, regulations, or orders, this contract may
be cancelled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further
r„ government contracts or federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11246 of 24 September 1965, and such other
sanctions may be imposed and remedies invoked as provided
Ap ' in Executive Order 11246 of 24 September 1965, or by rule,
regulation, or order of the Secretary of Labor, or as
cons otherwise provided by law.
Cove
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of
f the
paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of
t$che
the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of 24 September 1965, so that such
provisions will be binding upon each subcontractor or vendor.
0�8
The contractor will take such action with respect to any
subcontract or purchase order as the administering agency
3;r
may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however,•that in
erect
the event a contractor becomes involved in, or is threatened
with,•litigation with a subcontractor or vendor as a result
of such direction by the administering agency, the contractor
agr
may request the United States to enter into such litigation
to protect the interests of the United States.
:re ta
The Sponsor further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when
it participates in federally assisted construction work: Provided,
that if the Sponsor so participating is a State or local government,
the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does.not
participate in work on or under the .contract.
Page 2
Page 3. - of 3 pages
The Sponsor agrees that it.will'assist and cooperate actively with
the administering agency 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, that it will furnish the administering agency with the Secretary
of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for
securing compliance.
The Sponsor further agrees that it will refrain from entering into any.
contract or contract modification, subject to Executive Order 11246 of
24 September 1965, with a contractor debarred from, or who has not .
demonstrated eligibility for, government contracts and federally
assisted construction contracts pursuant•to the Executive Order and
will carry out such sanctions and penalties for violation of the equal
opportunity clause as -may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Sponsor agrees that
if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate,
or suspend in whole or in part this.grant (contract, loan, insurance, or
guarantee); refrain from extending any further assistance to the Sponsor
under the program with respect to which the failure or refund occurred
until satisfactory assurance of future compliance has been received
from the Sponsor; or refer the case to the Department of Justice for
appropriate legal proceedings.
Page 3