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HomeMy WebLinkAbout29-79 RESOLUTION• • • RESOLUTION NO. cx—O9 • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENTS 06, 07 & 09 AND TO EXECUTE A GRANT AGREEMENT 10 WITH THE FEDERAL AVIATION ADMINISTRATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute amendments to Grant Agreements 06, 07 & 09 with the Federal Aviation Administration and are authorized to execute Grant Agreement 10 with the Federal Aviation Administration. A copy of the Amendments and Grant Agreement authorized for execution hereby are attached hereto, marked "Exhibits A, B, C, & D" and made a part hereof. PASSED AND APPROVED this APPROVED: 't et "> FATTEST r:.�� • • 4. vLf1 {}:Y i.. E /3Z day of 1979. C-01 0 \ ( v R MICROFILMED DATE JUN 1 4 1979 REEL 19 a UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 20590 • FYI1BIT A " Page 1 of 2 Pages Contract No. DOT FA 77 SW -8246 Drake Field Airport Fayetteville, Arkansas AMENDMENT NO. 2 TO GRANT AGREEMENT FOR PROJECT NO. 6-05-0020-06 IT IS AGREED that the project work description is hereby amended to read as follows: Construct taxiway fillets; Phase I of: Construct terminal building. IT IS AGREED that the typed portion of the "NOW THEREFORE...." clause at the top of page 2 of the Grant Agreement is hereby amended to read as follows: , subject to the maximum dollar amounts set out below, (1) from funds appro- priated under the Airport and Airways Development Act of 1970, as amended (AADA), 90 percentum of the allowable costs incurred in the construction of taxiway fillets and 50 percentum of the allowable costs incurred in con- struction of the terminal building; and, (2) from Ozark Regional Commission funds appropriated under the Public Works and Economic Development Act of 1965, as amended (PWEDA), 30 percentum of said costs of said terminal building. IT IS AGREED that paragraph 1 (page 2) of the Grant Agreement is hereby amended to read as follows: The maximum obligation of the United States payable under this offer shall be (a) towards construction of the taxiway fillets and construction of the terminal building, $194,003 from funds appropriated under the AADA, and (b) towards the construction of the terminal building, $78,744 from funds appropriated under the PWEDA. IN WITNESS WHEREOF, the parties hereto have caused thi met to said Grant Agreement to be duly executed as of theI3j 4` -day of CC �� , 1979. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (SEAL) ATTEST TITLE :,'City Clerk ' BY 0. MC BRIDE, Chief, Oklahoma City TITLE(Airports District Office, FAA, SW Region City of Fayetteville, Arkansas (Name of S nsor) TITLE Mayor • • • Page 2 of 2 Pages CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that theAcceptance thereof by said Sponsor has been duly authorized and that the,kxecution thereof is in all respects due and proper and in accordance with the lows of this State, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor„in accordance with the terms thereof. Dated at Fayetteville , Arkansas , 1979 • • u. • TITLE this . day of • •Lr UNITED STATES DEPARTMENT OF T FEDERAL AVIATION. WASHINGTON, OF AMERICA RANSPORTATION ADMINISTRATION D.C. 20590 AMENDMENT NO. 2 'EXHIBTh `c5 • Page 1 of 2 Pages Contract No. DOT FA 78 SW -8607 Drake Field Airport Fayetteville, Arkansas TO GRANT AGREEMENT FOIe PROJECT NO. 6-05-0020-07 IT IS AGREED that the typed portion of the "NOW THEREFORE---" clause at the top of page 2 of the Grant Agreement is hereby amended to read as follows: subject to the maximum dollar amounts set out below, (1) from funds appropriated under the Airport and Airways Development Act of 1970, as amended (AADA), 50 percentum of the allowable costs incurred in construc- tion of the terminal building, and, (2) from Ozark Regional Commission funds appropriated under the Public Works and Economic Development Act, of • 1965, as amended (PWEDA), 30 percentum of said costs of said terminal building. IT IS AGREED that paragraph 1 (page 2) of the Grant Agreement is hereby amended to read as follows: The maximum obligation of the United States payable under this offer shall be (a) $187,608 from funds appropriated under the AADA, and (b) $90,084 from funds appropriated under the PWEDA. IN WITNESS WHEREOF, the parties hereto have caused this A dment to said Grant Agreement to be duly executed as of the /3day of ,1979. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (SEAL) ' ` ATTEST 2 yy►Qdbc,& /TITLE ''i',' City Clerk BY J 0. MC TITLE irports A. BRIDE,Chief, Oklahoma City District Office,FAA, SW Region City of Fayetteville, Arkansas (Name of _.onsor) BY TITLE Mayor Page 2 of 2 Pages CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the ixecution thereof is in all respects due and proper and in accordance with the lows of this State, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor,in accordance with the terms thereof. e Dat ly( at Fayetteville , 19 79 . Arkansas TITLE this /,day of City Attorney t • 01 • UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON; D.C.' 20590 • EXHIBIT G Page 1 of 2 Pages Contract No. DOT FA 79 SW -8807 Drake Field Airport Fayetteville, Arkansas AMENDMENT NO. 1 TO GRANT AGREEMENT FORr=PROJECT NO. 6-05-0020-09 IT IS AGREED that paragraph 1 (page 21 of the Grant Agreement is hereby amended to read as follows: The maximum obligatiof of the United States payable under this offer shall be (a) towards construction of the terminal apron, installation of apron security lighting and access road lighting, relocation of ceilometer, and construction of terminal building, $372,790 from funds appropriated under the AADA, and (b) towards the construction of the terminal building, $23,372 from funds appropriated under the PWEDA. IN WITNESS WHEREOF, the parties hereto have caused th' endmentntto said Grant Agreement to be duly executed as of the %3P -day of , 1979. (SEAL) ATTEST,' w,,,e 7 i "fuck BY TITLE City Clerk TITLE BY 0o 0. MC BRIDE, Chief, Oklahoma City TITLE irports District Office, FAA, SW Region City of Fayetteville, Arkansas (Name of Sponsor) Q Sinner. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION • • Mayor Pt • • • • Page 2 of 2 Pages CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that th€Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the lows of this State, and further that, in my opinion „said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor,in accordance with the terms thereof. this /-3day of at Fayetteville , Arkansas 1979 1 • TITLE City Attorney • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page 1 of 8 pages EXHIBIT D GRANT AGREEMENT Part 1 -Offer Date of Offer APR 1 0 1979 Drake Field Airport Project No. 6-05-0020-10 Contract No. DOT FA 79 SW -8832 TO: 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 July 21, 1977 , 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, this project will not be completed during fiscal year 1979 and the total estimated cost of completion will be $ 515,804 ; WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Construct new terminal access road; and Phase IV of: Construct terminal building, all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PO. 1 110-711 SUPERSEDES FAA FORM 1632 PG. 1 PAGE I • • • • • Page 2 of 8 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 prodded, 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, 50 percent of all allowable cost of eligible portion of the terminal building and 80 percent on 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 $ 39,853 Such maximum obligation may be increased by the additional amount(s), if any, added by any amendment to this grant issued pursuant to Paragraph la below, but such increased maximum obligation will not exceed, in the aggregate, the United States Share of the total estimated cost of the project stated above. isQ-+n la. pursuant to Section 19 of the Airport and Airway Development Act, as amended, and at the sponsor's request, the FAA does hereby commit the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof, not to exceed the apportionment(s) made to the sponsor for FY(s) 1980 pursuant to Section 15(a)(3)(A) of said Act, as amended, and subject to the restrictions now or hereinafter imposed on the FAA on use of such apportionment by, but not limited to, Appropriation Acts now or hereinafter enacted. The exact amount of this commitment will be established in an amendment to this grant that will be duly executed by the parties hereto when such computation and obligation can be made in FY(s)1980 . It is further understood by the parties hereto that this commitment does not in itself obligate, preclude nor restrict the FAA in the use of any funds made available for discretionary use under Section 15 of said Act to further aid the sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. Mg! rit FAA FORM 510013 P.G. 2 I10"7II SUPERSEDES FAA FORM 1632 PG. 2 PAGE 2 to 4 • • • • • Page 3of 8 pages 2 • The Sponsor shall: - (a) begin accomplishment of the Project within :ninety(%) 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; out undue y nd in accordance the (b) terns hereof, the Airport land Airway De Project e elopment Act aofawith carry out and complete 1970, and Sections 152. 5- 152.55 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 te t Project accordance e specifications and PoPotyna , incorPoraederein, as they may be revised or modified approval of the FAA. • 3. The lb1costs iojtinclude re need othe e AA to beineligiblfor conssderatinasto allowability under Section f thRegula- 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 57 - 152.63 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 152.63 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.63 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. FAA FOPM 5100-13 PG.3 PAGE 3 -.*--11-41 Page 4 ,of 8 pages 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 60 days from issuance or such subsequent date as may be prescribed in writing by the FAA. • 7. It is understood and agreed that the,poiisor 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 operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. 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 he treated in the same manner as all other responses to the invitations to 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. The Sponsor agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons 'of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. Sponsor further agrees to comply with such regulations as may be issued by the Federal Aviation Administration to implement Section 30 of the Act. FAA Form 5100-13 SW SUP (12/21/76) .Page ,5 of 8 pages 9. 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. r% (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. (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 (d). 10. It is 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 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, 11. 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". 12. 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. FAA Form 5100-13 SW SUP (12/21/76) • • • • • • • • Page .6 of 8 pages 13. 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 Project Application dated September 2, 1971, for Project 8-05-0020-01, and in the Plans and Specifications including access road approved by FAA on January 19, 1979, and the terminal building Plans and Specifications approved October 31, 1978. 14. 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. 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 rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications 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 airport 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 (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 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. FAA Form 5100-13 SW SUP (12/21/76) • til • Page 7 of 8 pages • 17. Notwithstanding any other provision hereof, the term "Project Applica- tion" as used herein shall be that Application for Federal Assistance (together with its attachments and appendages) physically attached to the Grant Agreement for ADAP Project Number 6-05-0020-07. This Application for Federal Assistance is hereby incorporated herein by reference for all purposes. • --1 - • • • • • • • Page 8 of 8 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, provided, however, that this time limitation shall not apply to real property acquired with federal assistance. Department of Transportation UNITED STATES OF AMERICA FFDERAL AVIATION ADMINISTRATION By Q,. MC. $RIDE,. Clrief,`Oklahoma City Airpor D- trict Office (TITLE) FAA - SW Region Part ❑-Acceptance The Sponsor named immediately below 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 (SEAL) Attest: day of. Title. City Clerk By , 19 17 City of Fayetteville, Arkansas Title (Dame onsor q/ Mayor CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named 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 authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, 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 atFayetteville,Arkansas • FAA Form 5100-13 (10-71) ASWRO (Dec/78) this/30-111a o I: Aft 19 79. City Attorney Title • 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 in 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, con- tract, 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, sex, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employes are treated during employment without regard to their race, .color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion, transfer, recruitment or, recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post_in conspicuous places, available to employes and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (2) The contractorwill, in all solicitations or advertisements for employes placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, or national origin. (3) The contractor will rend 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 commitments under this section, and shall post copies of the notice in conspicuous places available to employes and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Appendix 1 Page I • • • • • his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation 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 canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted conatruct?'on contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11315 of October 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 1124 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in 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 may request the United States to enter into such litigation to protect the interests of the United States. 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, instrumentally or subdivision of such government which does not participate in work on or under the contract. 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 and 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. Appendix 1 Page 2 • • • • The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11246 of September 24, 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 subcon- tractors 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, 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 such Sponsor; and refer the case to the Department of Justice for appropriate legal proceedings. • • Appendix I Page 3 J. • • • mtcitortwa 3 -a d J United States of America Department of Transportation FEDERAL AVIATION ADMINISTRATION Washington, D. C. 20590 Page 1 of 2 Pages Contract No. DOT FA 79 SW -8832 Drake Field Airport Fayetteville, Arkansas AMENDMENT NO. 2 TO GRANT AGREEMENT 4OR PROJECT NO. 6-05-0020-10 WHEREAS, the certification inspection conducted June 17-18, 1980, reported safety deficiencies recommended for correction; IT IS AGREED that the work description for this project is hereby revised to read as follows: Construct new terminal access road; grade a portion of runway safety area; Phase IV dir Construct terminal building; and, Phase I of: Medium intensity taxiway lights and runway safety area tMprovement. Executed this 23rd day of September , 1980. (SEAL) Attest: .(1/(2)1 Department of Transporation United States of America FEDERAL AVIATION ADMINISTRATION • ' J. . McBRIDE, Chief, Oklahoma City Air- Title:p its District Office, FAA SW Region By: City of Fayetteville, Arkansas (Sponsor) Title: Mayor Title City Clerk • • Page 2 of 2 Pages CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Amendment to Grant Agreement and the pro- ceedings taken by said Sponsor relating thereto, and find that the accept- ance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of. the Sponsor in accordance with the terms thereof. Dated at Fayetteville, Arkansas this 23rd day of September , 1980. le: City Attorney