HomeMy WebLinkAbout68-59 RESOLUTION 0F T}~ CITY OF UKiAH, CALIFORNIA
APPROVING CCEPT~J~CE OF F. A. A. GRANT OFFER;
A '
AUTHORIZING ExEcu'±jI_0~. AND TRANSMITTAL OF ST~ME.
The City Council of the City of Ukiah does hereby
RESOLVE-
That the Federal Aviation Agency Grant Offer to the
City of Ukiah, California, dated June 20, 1968 for Project
No. 9-04-047-C$06, Contract No. FA 68WiE-~-2107, a copy of
which said Grant Offer is attached hereto and incorporated
herein by reference as if set out in full herein, is hereby
APPROVED AND ACCEPteD and the Mayor and City Clerk are
authorized to execute the same on behalf of the City of Ukiah
and to transmit copies of such acceptance to the ~ ~deral
Aviation Agency.
PASSED AND ADOPTED this 26th day of June, 1968, by the
fo!lowin_~ vote.
AYES: Councilmen Flenderson, l-.li]] and ~fia'/or Scot'to.
NOES: Councilman Crook and Councilman hlor§ard.
ABSENT- ['.,,t o n e
MAYOR
ATTEST:
· City Clerk
Pag~ 1 of 6 pages
FEDERAL AVIATION AGENCY
GRANT AGREEMENT
Part 1-Offer
Date of Offer
June 20, 1968
Ukiah Municipal
Project No. 9-04-047-C806
C, ontract No. FA6~/E-2107
Ah~ort
TO: The City of Ukiah, California
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Agency, herein re-
ferred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
April 1~ 1968 , for a grant of Federal funds for a project for develol~
merit of the Ukiah Municipal Airport (herein called
the "Airport"), together with plans and specifications f()r 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 develot>r:,~,,nt ()f the Airport (herein called the
"Project") consisting of the following-described airport deveh,pn~cnt.
Inatall Medium Intensity Runway Lights for Runway 15-33 including marking.
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM t632 (3-~2) Uglr pRlrVlOU~ EDITION
PAGE 1
Page 2 of 6 pages
NOW THEREFORE, pursuant to and for the puq)ose of carrying out the provisions of the Federal
Airport Act, as amended (49 U.S.C 1101), and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contai.ed in said Project Application, a.d its
acceptance of this Offer as hereinafter l~rovidc(t, and (b) tl~c bc.efits to accrue to tile United States
and the public from the accomplishmc~t ~f the Pr~jc(:t a~.t tile operation and maintenance of the
Airport as herein provided, TIlE FEI)ERAI. AV'IA'I'Ii~N AGENC'(. FOR AND ()N BEIIALF OF
THE UNITED STATES, tIEREBY ()FF~iRS ANI) A(;REES to pay. as the United States share of
the allowable costs incurred in accomplishi.g tile' l'r(~jcct, 53.63 percent:urn of all allcraable
This Offer is made on and subject to ti~c f,~ll~)wing tct~s and conditions:
1. The maximum obligation of lite United States payable under this Offer shall be
$ 20~417.00
2. The Sponsor shall:
(a) begin accomplishment of thc Project witl~in 8:Lxty days
after acceptance of this ()flor or sut'h I(.~ger time as may be prescribed by the FAA,
with failure to do s{~ o.lstituting jt~st cause tot termination of the obligations of the
United States hcrcu.dcr l~y thc FAA;
(b) carry out and complete the Project x¥itl.',t~t ~.tlt.~ delay anti in accordance with the
terms hereof, the Federal Airt~{~rt Act. a~(l .~;~{'~i(.~s 151.45-151.55 of the Regulations
of the Federal Aviati.n Agc.cy (I,! (:I:R 151) i~ eft'eot ms of the date of acceptance of
this Offer; whi('h Regulati(~.s are hcrci.at'~cr rcl¢'r~'cd to as the "Regulations";
(c) carry out and complete ~1~' l'rojcct in a((',,r(tance with the plans and specifications
and property map, inct)rt)~r:~','t !~cr('i,~, .~s t~cy .~ay be revised or modified with the
approval of the FAA.
The allowable costs of thc lm)icct shall t.~i in('l~(te any costs determined by the FAA to
be ineligible for considcrati<~n as to alh,wabili~v u.(tcr Section 151.,tl (b) of the Regula-
tions.
,
Payment of the United States sh~c of t}~c all~wable l,r~iect costs will t)c made pursuant
to and in acc(~rtla.(:e x¥i~l~ ~li<' ~<,xisi~ns <~t S(,('ti,,.s 1 ;,1.57- 15 1.63 ()f the Regulations.
Final (leterminati(.~ as t,~ t}~c atl<,wabilit5 ~,[: thc ('os~s ~,f' thc l)r()jcct will l~e made at the
time of the final gra.t i~ay~.c~t l,~rsu;u~t I,~ St't-~i()~ 151~fi3 ,~f the Rcg.lati~ns: ~[os~i~[t~~
that. in the e('e~t a sc.~i-t'it~at gr:~t t~:r~'~c.t is .~ade t~.rs.a.t to Sectio. 151.63 of the
Regulations, final dctcr.~i.:~ti,.~ as to t}~c all,~xYal~ilitv ~f th(~sc costs to which such semi-
final payment relates will t)c ~:.ic at the ti~c (ff such semi-final t~aymcnt.
FAA IIrOFIIII 1632 (~-~$) DE~TROY PREVIOU~ EDITION
PAGE 2
Page ~ of 6 pages
5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
tion incorporated herein and specifically covenants and agrees, in accordance with its
Assurance 4 in Part III 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 {'nited States shall not be obligated to pay any part of the
cos~ of the Project unless this ()t'fcr has t×'en accepted by the Sponsor on or before
June 30s 1968s 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 contract for
construction work under the project, or any modification thereof,
the equal opportunity clause as set forth in Section 202 of
Executive Order No. 11246 of September 24, 1965, or such modifi-
cation thereof as may be approved by the Secretary of Labor.
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 151.54(d)(1)~
Part 151, Federal Aviation Regulations.
(c) Be bound by said equal opportunity clause in any Federally
assisted construction work in which it participates.
(d) Cooperate actively with the FAA 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.
Furnish the FAA and the Secretary of Labor such information as
they may require for the supervision of such compliance and
will otherwise assist the FAA in the discharge of its primary
responsibility for securing compliance.
(f) Refrain from entering into any contract or contract modification
subject to Executive Order No. 11246 with a contractor debarred
from, or who has not demonstrated eligibility for, Government
contracts and Federally assisted construction contracts pursuant
to Part II, Subpart D of Executive Order No. 11246.
Carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcon-
tractors by the FAA or the Secretary of Labor pursuant to Part II,
'Subpart D of Executive Order No. 11246; and in the event that the
II'AA IfC3~M Je:BR (~-~) DES'TROY PREVIOU~ EDITION
PA(3E 3
Page 4 of $ pages
Sponsor fails or refuses to comply with its undertakings, the FAA
may cancel, terminate or suspend in whole or in part any contrac-
tual arrangements it may have with the Sponsor, may refrain from
extending any further assistance under any of its program subject
to ~xecutive Order ].1246 until satisfactory assurance of future
compliance has been received from such Sponsor, or may refer the
case to the Department of Justice for appropriate legal proceedings.
9. It is understood and agreed by and between the parties hereto that
Paragraph 7 of Part III - Sponsor's Assurances - of the Project
Application, attached hereto and made a part hereof, is hereby amended
by deleting "Section A of FAA Technical Standard Order No. N18, or
Advisory Circular (AC) No. 150/5300-1, whichever is applicable according
to the currently approved Airport Layout Plan," and substituting in lieu
thereof, "Part 77 of the Federal Aviation Regulations (14 C.F.R. Part 77)."
10. Notwithstanding the provision of Paragraph 3, Part III, of the Project
Application, the Sponsor covenants and agrees that it will not grant or
permit any exclusive right forbidden by Section 308(a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other
airport now or hereafter owned or controlled by it. In furtherance of
the policy of the FAA under this covenant, the Sponsor agrees that,
unless authorized by the Administrator, it will not, either directly or
indirectly, grant or permit any person, firm, or corporation the
exclusive right at the airport or at any other airport now or hereafter.
owned or controlled by it, to conduct any aeronautical activities,
including, but not limited to, charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial adver-
tising and surveying, air carrier operations, aircraft sales and
services, sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which
because of their relationship to the operation of aircraft can be
regarded as an aeronautical activity. The Sponsor further agrees that
it will terminate any such exclusive right (including any exclusive
right to engage in the sale of gasoline or oil, or both) now existing
at the airport, or at any other airport now or hereafter owned or
controlled by it, at the earliest renewal, cancellation, or expiration
date applicable to the agreement that established the exclusive right,
and certifies that there is no exclusive right not subject to termination
under this provision.
11. It is understood and agreed that the terms "Administrator of the Federal
Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever
they appear in this Agreement, in the Project Application, plans and
specifications or other documents constituting a part of this Agreement
shall be deemed to mean the Federal Aviation Administrator or the
Federal Aviation Administration as the case may be.
FAA Form 1632 (6-63)
Page 4
Page 5 of 6 Pages
12. The Federal Government does ,,~,[~ ~w p]a~: or c'ontemp]ate tI~c construction
of any st~ctures purs~a:~t t~, Para~rap~: .-~ of Pa~- III-Sponsor's Assurances
of the Project Applicati~ da~d Ap~li , ~q6~B, and [herefore~ it is
understood and agreed tha~. t~c Sp,~.: ~- ~: ~,~cr no obligation to furnish
any areas or rights with~,.~t cos~ ~o ~ ~:~d,~ra] (;~ver~ent under ~his
Grant Agre~ent. }{~,~ver~ m~thi~; co~,~, ,~d }~'.r~-~ shall bc construed
as altering or changing ~}~e riZ~,- ,,~ ~:,.~ '~it-eu '.<' ~t,~s a:'.d/or r}~,-
PAGE 5
' ° · 6
· ' ' ' P~ge ·of 6pages
The 8U~o~. ~ of,t hi. O~w ~ im~~~ ~&~ption of the Project Application
incorl~ c~ted i~erein ~ be ~ b~ ~ of th/~ instrument by the Sponsor, as herein-
~fter provided, ~nd ~ Ogler m~i ~ ~ ee~~ a Gr~nt Agreement, ~s provided by
the Federal Airport Act, con~ttuttng the oblig~tton~ ~mt right, of the United States and the Spon-
sor with respect to the ~eom~me~t of the Project m~! the operation ~nd maintenance of the Air-
port. Such Grant Agreement ~ become ~fecUve upon the Sponsor's acceptance of this Offer and
shall remain in full force and effect throughout the u~eful life of the facilities developed under the
Project but in any event not to exceed t~enty yem~ from the d~te of ~id acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION AGENCY
Ag~ ~ (TITLE)
Pm't II-Acceptance
The The CLty of UkL~h~ C&lfforni. 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 ...... ~/~ ~/~
........... d~y of ...... J.t~e ................... , 19.68...
(SEAL)
Attest.
CERTIFICATE OF SPONSOR'S A~rORNEY
I, ... ~r~/~ ~.~.Lt]../% .... .~.-~.~ .... , acting as Attorney for the .City. of. IIk[ah ........
(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 Californ/.a.
.... , 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 Uk.t ah
FORM 16~2 (3-62)
U~E PREViOUf~ EDITION
6
PAGE: X