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HomeMy WebLinkAboutRES 86-047 `/7 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute the Master Plan Update Grant Agreement, a copy of which is attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the x4rk day of , 1986. Mayor - DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Approved: OMB No. 2120-0065 Date of Offer: January 17, 1986 Beaumont Municipal Airport Project Number: 3-48-0240-01 Contract Number: DOT-FA-86SW-8894 To: The City of Beaumont (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") Whereas, the Sponsor has submitted to the FAA a Project Application dated November 20, 1984, for a grant of Federal funds for a project at or associated with the Beaumont Municipal Airport , which Project Application, as approved by the tAA, is hereby incorporated herein and ;Wade a part hereof, and Whereas, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Master Plan Update all as more particularly described in the Project Application. FAA Form 5100-37 10-85 Page 1 of 5 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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 compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, 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, Ninety (90) per centum. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $36,000 $36,000 for planning. 2. The allowable costs of the project shall not include any costs determined by- the FAA to be ineligible for consideration as to allowabil,ity under the Act. 3. Payment of the Unites: States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulation- and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project casts prior to making the final determination of the United States share. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. FAA Form 5100-37 (10-85-)-- 10-85 Page--2- of 5 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. 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 March 14, 1986, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant sgioement. 9. The Sponsor and its consultant will meet with the FAA to refine the scope of work which will be approved by the FAA prior to issuance of the Notice to Proceed. FAA Form 54200-37 10-85 Page 3 of 5 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 hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Stan Lou Name Manager,Manager, Houston Airports District Office Title Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 11th day of February 1986. The City of Beaumont, Texas Name of Sponsor (SEAL) f By ! Spons r s Deirg ated O ficial Representative Title Interim City Mana,aer Attest: �1 Title: f FAA Form 5100-37 10-85 Page 4 of 5 CERTIFICATE OF SPONSOR'S ATTORNEY I, �RiiCC �l C, -0 Z-5 , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at t.;lEAbMBX)-r this day of C 12 r u a ry ^, 1986. r I /ig �ature of Sponsor s Attorney FAA Form 5140-37 10-85 Page 5 of 5 PART V - ASSURANCES AIRPORT AND PLANNING AGENCY SPONSORS -- Approved: OMB No. 2120-0065 A. GENERAL. 1. These assurances shall be complied with in the performance of the following grant agreements: a. Airport planning. b. Integrated airport system planning grants to planning agencies. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982 or the Aviation Safety and Noise Abatement Act of 1979. This set of assurances includes only those assurances which are applicable to a sponsor who is a public agency with control of a public-use airport. 3. These assurances also are reTiired to be submitted as part of the project application by a sponsor which is both a public agency and a planning agency requesting funds for integrated airport system planning under the provisions of the Airport and Airway Improvement Act of 1982. 4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. DURATION AND APPLICABILITY. Airport Planning Undertaken by a Sponsor. The terms, conditions and assurances of the grant agreement shall retain in full force and effect during the life of the project. C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this project, including, but not limited to, the following: FAA Form 5100-100 10-85 Page l of 6 ,00il=, Federal Legislations a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq. b. Davis-Bacon Act - 40 U.S.C. 276(a), et eel.l — c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.G. 1501, et sej.2 '° e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et sec�.1/2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).l g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469, through 469C.1 h. Flood Disaster Protection Act of 1973 - Section 102(x) - 42 U.S.C.` 4012x.1 i. Rehabilitation Act of 1973 - 29 U.S.G. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.G. 20004 through d-4. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seg. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et sea. 1 n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201, et o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373.1 p. Contract Work Hours and Safety Standards Act - 40 U.S.G. 327, Et sq•1. q. Copeland Antikickback Act - 18 U.S.G. 874.1 r. national Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sue•1 s. Endangered Species Act of 1973 - 16 U.S.C. 668(a), et s •1 t. Single Audit Act of 1984 - 31 U.S.C. 7501, et sect. EXECUTIVE ORDERS Executive Order 12372, Intergovernmental Review of Federal Programs. FEDERAL REGULATIONS a. 49 CFR Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964. b. 49 CFR Part 23 - Participation by Minority Business Enterprise in '. Department of Transportation Programs. c. 49 CFR Part 25 - Uniform Relocation and Real Prorerty Acquisition for Federal and Federally-Assisted Programs. d. 29 CFR Part 1 - Procedures for Predetermination of gage Rates. 1 These laws do not apply to planning projects. 2 These laws do not apply to private sponsors. PA.A Form 5100-100 10-85 Page 2 of 6 e. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Yorks Financed in Whole or Part by Loans or Grants from U.S. f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. g. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-Assisted Contracting Requirements). 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. J. Reserved. OFFICE OF MANAGEMENT AND BUDGET CIRCULARS a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.* b. A-102 - Uniform Requirements for Assistance to State and Local Governments.* e. A-128 - Audits of State and Local Governments. * OMB Circulars A-•87 and A-102 contain requirements for state and local governments receiving Federal assistance. Any requirement levied upon state and local governments by these two circulars shall also be applicable to private sponsors receiving Federal' assistance under the Airport and Airway Improvement Act of 1982. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Suonsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative` of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private S cnsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative, and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide such additional information as may be required. FAA Form 5100-100 10-85 Page 3 of 6 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Preservin Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise program implementation project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise program implementation projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with, the terms of the agreement. d. For noise program implementation projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. FAA Form 5100-1W O-85 Fags 4 of 6 e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 5. Consist --c with Local Plans. The project is reasonably consistent with plans texisting at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain -from each such agency a written declaration that such agency supports the project and the project is reasonably consistent with the agency's plans regarding the property. 6. Accounting Systems Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs. b. It shall make available t-, the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that Pn appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. FAA Form 5100-100 1045) Page 5 of 6 7. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in eonr{ection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as Well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 8. Civil flights. It will comply with such rules as aro promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal "financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (1) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (2) the period during which the sponsor retains ownership or possession of the property. FAA Form 5100-140 (10-85) Page 6 of 6