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1797 RES COP ON 23RD DAY OF MARCH 1977 MADE APPLICATION FOR FEDERAL ASSISTANCE TO DOT AND FAARESOLUTION NO. 1797 . WHEREAS, the City of Paris did heretofore on the 23rd day of March, 1977, make application for federal assistance to the Department of Transportation, Federal Aviation Administration, requesting federal participation in the cost of certain improvements at Cox Field Airport; and, WHEREAS, the FAA has issued a Grant Offer which, if duly accepted, provides a commitment of $145, 884. 00 in federal funds for development specified therein; and, WHEREAS, it is determined to be in the best interest of the City of Paris, Paris, Texas, to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the City Manager, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute said Grant Offer on behalf of the City of Paris. Passed and adopted this 28th day of March, 1977. rs. Bru e, Mayor A TTEST: ~ H. C. Gr ene, City Clerk APP OVE TO FORM: T. K. Haynes, City Attorney Page 1 of 7 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMEINT Part 1-Offer Date of Offer MAR 2 31977 Cox Field Airport Project No. 6-48-0169-04 Contract No. DOT FA 77 Srr7-8182 TO: The City of Paris, Paris, Texas (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 March 23, 1977 , for a grant of Federal funds for a project for develop- ment of the Cox 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: Phase 2 of "Overlay and mark old portion of Runway 17-35 (4500' x 1501)" 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(10-71) SUPERSEDES FAA FORM 1632 PG• 1 PAGE 1 EXHIBIT A Page 2 of 7 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, ninety percentLUn of all 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 $ 145,884. 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) , SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 7 pages 5. The F9A reserves the right to amend or withdraw this Offer at any ti.me 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 May 23, 1977, or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accammodations 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 iand 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 oCher 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 info nnation 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 firnas. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations to bids. Cotnpliance with the preceding paragraph will be deemed to constitute campliance 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 Aizport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the perfonnance of contracts financed in whole or in part with federal funds provided under this agreement. For the puzposes 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 fram 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 4 of 7 pages 9. This project and all work performed thereunder is subject to the C1ean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby.stipulates that any facility to be utilized in perfoxmance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to camply 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 comanunication from the EPA indicating that a facility to be utilized for per,formance 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 camply may result in suspension, cancellation or tezmination of federal assistance under the Agreement. 11. It is understood and agreed that the tezm "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 5 u_ 7 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 Application for Federal Assistance dated January 17, 1975, for Project No. 8-48-0169-02, which is made a part hereof. 14. The Sponsor sha11: '(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 Nimmber 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 camparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to a11 such air carriers which make similar use of such sirport and which utilize similar fscilities, 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 assimmes obligations substantially similar to those already i.mposed 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 uniformiy applicable to all other fi.xed base operators making the same or aimilar uses of such aixport utilizing the same or si.milar 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 refoimation 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 sirport 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 feea, rates, and charges for users of the airport. FAA Foxm 5100-13 SW SUP (12/21/76) Page 6 of 7 pages 17. It is mutually understood and agreed that the plans and specifications received by the Federal Aviation Administration on August 25, 1976, are hereby incorporated herein and designated as only preliminary plans; that sponsor will not commence construction of any item to be accomplished under this project until it has sub- mitted to FAA final plans and specifications satisfactory to the Administrator and until such plans and specifications have been approved by FAA; that the United States will not make nor be obligated to make any payment for construction under this Grant Agreement until the sponsor has submitted such plans and they have been approved as herein provided; and that sponsor will submit said final plans and specifications to the Administrator on or before 90 days from the acceptance date of this Grant Agreement, or such date as may be prescribed by FAA. 18. It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25, Subpart C, Part 77 of the Federal Aviation Regulations published in the Federal Register February 10, 1965 (30 F.R. 1837) and amended on May 16, 1971, have been protected by the adoption of a zoning ordinance and regulations or by securing avigation easements or by otherwise prohibiting the creation, establishment, erection, or construction in such areas of obstruction to air navigation to the extent provided in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. Page 7 of 7 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 bec,ome 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 Acting Chief (TITLE) FORT WORZ'H AIRPORTS DISTRICT OFFICE Part II-Acceptance The City of Paris, Paris, 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..............................., 1977..., CitX.of. Paris.,. Paris,..Texa.s . . . . . . . . . . (Name of Sponsor) (SEAL) Title By Attest Title CERTIFICATE OF SPONSOR'S ATTORNEY I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . acting as Attorney for . ?'.t?e.City, .qf. Pazis,. Pa3;i.s.,. .TWxas (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. Texas . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . Pax'is,. Texas . . . . . . . . . . . .this. . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.77. , Title FAA FORM 8100-13 PG 4(10-71) SUPERSEDES FAA FORM 1632 .