HomeMy WebLinkAboutRES 76 275RESOLUTION
WHEREAS, the City of Beaumont, Texas, has submitted a Project Ap-
plication dated _August:31,.: 1976, to the Federal Aviation Administration
requesting Federal participation in the amount of Four Hundred Eighty -One
Thousand One Hundred Twenty -Seven and No/100 ($481,127.00) Dollars for
improvements at Beaumont Municipal Airport; and,
WHEREAS, the Federal Aviation Administration has issued a Grant
Offer dated September 24, 1976, which provided a committment of Federal
funds in the amount of Four Hundred Twenty -One Thousand Three Hundred
Eleven and No/100 ($421,311.00) Dollars for the aforementioned development;
arid,
WHEREAS, it is determined to be in the interest of the City of
Beaumont that the Grant Offer be accepted by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Council of the City of Beaumont does hereby accept the pro-
visions of the Grant Offer for Project No. 5-48-0240-02, a copy of which
Grant Offer is attached hereto and incorporated herein by reference;.
THAT the Mayor of the City of Beaumont is hereby authorized and directed
to execute the Grant Agreement for and on behalf of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the Q 7
day of , 1976.
i
- Mayor -
Page 1 of AF, pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION'ADMINISTRATION
Part 1 -Offer
Date of Offer
k v i Airport
Project No. *;
Contract No. ffi;a
TO: �,I� »
(herem'referre 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
�,,� ,�Iti 31 ,976 , for a grant of Federal funds for a project for develop-
ment ofthe m1� Airport (herein called
the "Airport"), ��gether 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:
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all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 (10-711 SUPERSEDES FAA FORM 1632 PG. 1 .PAGE I
Page 2 of 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-
MINISTRATION, 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,
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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 u 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) 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
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 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.
FAA FORM 5100-13 PG, 2 (7-72) I SUPERSEDES PREVIOUS EDITION PAGE 2
P.age.,3, of 4 pages
and maintain the ,:Ai..rpbrt as provided in..the -
ssistance incorporatedherein and`, speeifical-ly
accordance with. -its- -Assurances 20.?':in, Part V of
ral Assistance _that..in it's,op'era,tion and the
es thereof ,''neither it nor -.any person or,
ace or facilities:thereom will discriminate
ss of persons ;by reasoti..of race,',color, creed
use of any... of, the facilities.p.rovided for the
6 The -.FAA reserves the right to amend or withdraw this. Offer:,Alt any time
priort o•. -its accep-tance by the Sponsor.
7s ;Offer shall expire and the Unite& States. shall, .not be obligated to
payI.any-part .of the costs. ofthe Project 'unless thrs.'Offer has, been
accepted by the Sponsor on or before September 30, 1976
or such subsequent date as .may be prescribed -in writing by the FAA.
Ia is- understood.""and .agreed .that the Sponsor will provide; for FAA
employe'es`adequate. parking accommodations satisfactory to -the,
Administrator at all FAA technical facil'itie' located on 'the_ Airport..
Its further understood and agreed that -5po.nsor 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)
n'ecesaary.for th'e maintenance and gperation o.f 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'
,.,appropriate representative
as:`identfieC'by the rAA Regional Civil Rights 0.ffice The -Sponsor will
'disclose and make information about the contracts, contracting,procedures
And requirements available.to the designated OMBE .representative and
minority..'frms-on,the-same basis that such information is :disclosed and -
made available t'.other organizations or firms. Responses by min6rity
firms -to invi-tat ions for bids shall be treated ,in th:e same manner as. all
:.other responses -to the invitations'for'bids.
Compliance -with the preceding paragraph will be, deemed .to_constit.ute.
;compliance by.;the Sponsor with.the.requi.rements of 0 CFR.2.L Appen-
d x C(a),(l)(x:) Regulations of 'the Office of the:.,,Secretary of
Transportation.
l0 It is•understood and agreed that the term,."Project',Application".
'wherever; it appears in -this Agreement in Specifications or.other
documents. constituting apart of this Agreement shall be .deemed to
mean,;th'e'"Application for Federal Assistance".
-7
Page 3a of 4 pages
11..`;Tfie;:Airport development in this project will be that hereinabove set out
and will becarried out as more particularly described on the,:property
map attach&d-to the Application for Federal Assistance -dated February 10,
..1975 tor.Project No. 7-48-0240=01 and in the plans 'and specifications
,approved;by the"FAA on August 26, 1976 which .are all made a part hereof.
12. It is fu_rther.understood and agreed that FAA approval.of the project
included: in this Agreement is conditioned on the ,S.ponsor-'s compliance
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. Sec tion..60-1.7(b)(1)
and -60-1.:8(b) of the Regulations 'issued by the Secretary of,,, -Labor
(33 FR 7804, 41 CFR Part 60-1).
(b) Comply with the provisions set forth in Appendix.I; attached hereto.
l4. 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 Government under this
Grant Agreement. However, nothing contained herein shall'be,construed as
altering or changing the rights of the United States'and/or.the obligations
of -the Sponsor under prior Grant Agreements to furnish ;:rent. -free space
and/or cost-free areas for the activities specified in such agreements.
150 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 languages
ncluding the requirement that.(A) each air carrier,
authorized to engage.directly.in air transportation:
pursuant to Section 40.1. or 402 of the_'Federal;Aviation
Act of 1958, using such airport shall be subject to .
nondiscriminatory and substantially comparable rates.,
fees, rentals, and other charges and nondiscriminatory
'SUPPLEMENT - FAA Form 5100-13 -Page 3a (ASWRO 8-19-76)
_ Page. 3b of 4 pages
..conditions as are applicable, to.'a11'.such air carriers
which-make similar use of such airport and which,
utilize similar facilities, subject. to'reasonable clas-
sfications.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 .(.B).
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 ; seineor . 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'entere:d,'into.
by A. sponsor before. July 12;,.1976.- Provision (B) above shall not
require ',tte reformation of any lease or other-•:contract
entered into by a sponsor before July 1, 1975.."
16 .: It; is . understood and a greed that no part of .theFederal-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. 110;1 e,t seq. ), shall be .included in :the rate base in
::establishing fees,. rates, and charges for- users .,of'the . airport.
1Z: Thi s 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 t'o
be..utilized in performance under the grant onto;..'
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.'Faci'lities.
:SUPPLEMENT _'FAA Form 5100-13.- Page 3b.(ASWRO 8=19-76)
Page 3c of 4 pages
(d), The sponsor agrees that he will include or cause 'to be
,included in any contract or .subcontract under the grant'
which"exceeds $100,000 the criteria. and requirements in
these subparagraphs (a) through
18..;The Sponsor hereby covenants and agrees that it:wi-11'not advertise for
bids,. atFard.any contract, or commence construction on any item of
development to'be accomplished'under.this_,
project .until. it has submitted
final Plans-and.specifications 'therefor`satisfactdry to the Administrator
and:such plans and specifications have.,been a p.roved;an.d it is further
.understood that,the United States will not:make nor -be obligated to
make',any payment for such item of airp'ort.d-velopment.under this Grant
Agreement until -Sponsor has submitted such plans and specifications and
they have been approved as herein provided. T'he Sponsor further
covenants and agrees that it -will -'submit said final plans and specifications
to the Administrator on or before 90. days from the.date of this Agreement.
19.. Iti,s'u.nderstood and agreed that the Sponsor's assurances .regarding
(1) mon-"discrimination and (2) operation of lights; which provides the
assurances required by Part 152 of the Federal Aviation.Regulations,
and" attached to the Application for.Federal Assistance,i.s, hereby
;i,ncorpozated into this Grant Agreement'.
Page 4 of 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 AVIATION ADMINISTRATION
By.
(TITLE)
Part II -Acceptance
hepn,��;�:-� 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................................1 19......
(SEAL)
Attest: ....................................
Title: .....................................
CERTIFICATE OF SPONSOR'S ATTORNEY
I
(Name of Sponsor)
By....................."......................
Title............................. ...........
.................................... , 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. . . T ....................... . and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Datedat ..............................this.......... day of ............................... 19....,
Title.....................................
FAA FORM 5100-13 PG 4(10-71) SUPERSEDES FAA FORM.1632 PG 4 PAGE 4