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Home My WebLink About14-74 RESOLUTION• RESOLUTION NO. /4/— 71/ A RESOLUTION ACCEPTING GRANT OFFER OF UNITED STATES ON PROJECT NO. 8-05-0020-02 AT FAYETTEVILLE MUNICIPAL AIRPORT AND AUTHORIZING THE MAYOR AND. CITY CLERK TO EXECUTE THE GRANT OFFER IN BEHALF OF THE CITY OF FAYETTEVILLE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS THAT: SECTION 1: That certain GRANT OFFER tendered to the City of Fayetteville by the United States of America, Department of Trans- portation, Federal Aviation Administration, dated February 21, 1974, relating to planned improvements at the Fayetteville Municipal Airport on a project numbered 8-05-0020-02 which GRANT OFFER is designated as Contract No. DOT FA 74 SW -1048, a copy of which is hereto attached and incorporated in this Resolution as fully as though set out herein word for word and line for line, be the same is hereby accepted by the City of Fayetteville, Arkansas. SECTION 2: The mayor of the City of Fayetteville be and he is hereby authorized to execute the said GRANT OFFER for and in behalf • of the City of Fayetteville, his signature to be attested by the City Clerk. 1 ' ` 1 at ThiisrResolution Adopted this 5 i1 day of N , 1974. ATTEST: APPROVED: 1 a i • Mayor Page 1 of 5 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION EINE GRANT AGREEMENT Part 1 -Offer Date of Offer FEB 2 7 1974 Drake Field Airport Project No. 8-05-0020-02 Contract No. DoT FA 74 SW -1048 TO: The City of Fayetteville, Arkansas (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 February 22, 1974 , for a grant of Federal funds for a project for develop- ment of the Drake Field 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: Acquire one (1) crash -fire -rescue vehicle (to meet Index A requirements); install security fencing. • 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 1/0-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 Page 2 of 5• -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, eighty-two per centum of the allowable costs of acquisition of the crash -fire -rescue vehicle and seventy-five per centum of all other allowable project costs. 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 $ 28,730.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) 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. Page 3 of 5' -pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specificallv•covenants and agrees, in accordance with its Assurance 4 in Part 111 of said Project Application, that in its operation and the operation 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. creed or national origin in the use of any of the facilities provided for the public on the airport. 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 APR 2 6 1974 or such subsequent date as may be prescribed in writing by the FAA. 8. 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 (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 9. It is understood and agreed that the sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Adminis- trator 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) neces- sary for the maintenance and operation of the FAA facilities on the air- port, Such land shall be adjacent to the facilities served. 10. The sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OMBE), Field Operations Division, Department of Commerce, Washington, D.C. 20230, or to the local affiliate designated by the OMBE. The sponsor will disclose and make information about the contracts, contracting procedures and requirements available to OMBE or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organiza- tions or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invi- tations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C(A)(1)(X), Regulations of the Office of the Secretary of Transportation. FAA FORM 5t00-13 PG. 3 (tO-11( SUPERSEDES FAA FORM 1632 PG. 3 • (SWRO-10-12-73) PAGE 3 • • • Page 4 of 5 pages 11. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of. the Project Application dated February 22, 1974, 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 for the activities specified in such agree- ments. 12. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to comply may result in suspension, cancellation or termination of Federal assistance under this agreement. PAGE 4 5 Page 4 of 5 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) ACTING CHIEF, FORT WORTH AIRPORTS DISTRICT OFFICE Part II -Acceptance The City of Fayetteville, Arkansas, 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 ofatt2&/) (SEAL)' Attest: . Title FICATE OF SPONSOR'S'SATTORNEY z./.!.../ll. r lie . , acting as Attorney for . the. City. of .Fayattevi.Lle,.Ark. , (herein referred to as the "Sponsor") do hereby certify: That I haveexamined 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 Arkansas and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. , 1971. ... CITK .0F. FAYETTEV.ILLE,. ARKANSAS (Name of S onsor) By . .V.. Title Dated a ate this ( day of , 197 FAA FORM 5100-13 PG 4(10-71J SUPERSEDES FAA FORM 1632 PG 4 PAGE 315 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, PATRICK J. TOBIN, Acting City Clerk within and for the City of Fayetteville, Arkansas, do hereby certify that the annexed and foregoing is a tr//uuJe��and correct copy of the Fayetteville, Arkansas, reedP�tcL�io�/ t�� %� therein set forth, and the same is as it appears of Record in Adjoi , . / / ! 0461/44 Volume IL at Page 0:22 thereof. 1 . • IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal this 5' day of , 19j5/ =E (121—ng City Clerk "%„, ✓` ,'--