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Home My WebLink About1984-06-04 RM Exhibits ~..f!:t,{:~ l . " ., :- ~- ~J:.L / (J~.5- 1 GRANT AGREEMENT STATE AID TO AIRPORTS , . . BETWEEN THE DEPARTMENT OF TRANSPORTATION~ AN AGENCY OF THE STATE OF NORTH CAROLINA AND AIRPORT: New Hanover County WORK ORDER NO: 9.9325103 "1' , '.' NEW HANOVER COUNTY .... '~~ ~' This Agreement made and entered into this the ~,~ day of _;',' .' " ~' 19 ~~ , by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, ~ Agency of the State of North Carolina (hereinafter referred to as "Department") and New Hanover County (hereinafter referred to as "Sponsor"). li.lTN!E.E.ETH WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department. subject to the limitations and conditions stated therein, to provide State Aid in the form of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and ~ther publicly-owned or publicly-controlled airport facilities, and to authorize related programs of aviation safety, education, promotion and long-range planning; and WHEREAS, the Sponsor has made a formal application dated the 9th day of May , 19 84 , to the Department for State Financial Aid for the New Hanover County Airport; and WHEREAS, a grant in the amount of $ 24,250 has been approved subject to the conditions and limitations herein; and WHEREAS, the grant of State Airport Aid funds will be used for the following approved Project: "Construction of canopy, sidewalk and racks for baggage claim expansion; fencing and eletrical services including an automatic security fence; architectural fees". DCA FORM 2/84 ,', ,'."."l. ,...... ", , . ~ l ' oJ ':,. ~ NOW THEREFORE, the Sponsor and the Department do mutually hereby agree as follows: 1) That the Sponsor shall promptly undertake the Project and complete all . " work on the Project prior to the 1st day of Januarv , 19 86 .., unless a written extension of time is granted by the Department. 2) Work performed under this Agreement shall conform to the approved project description. Any amendments to, or modification of, the scope and terms of this Agreement shall be in the form of a Supplemental Agreement mutually executed by the Sponsor and the Department, except that an extension of time may be granted by the Department by written no~ice to the Sponsor. 3) If for any cause, the Sponsor shall fail to fulfill his obligation under this Agreement in a timely and proper manner, or if the Sponsor violates any of the covenants, agreements, or stipulations of this Agreement, the Department shall have the right to terminate this Agreement by giving written notice to the Sponsor of such termination at least fifteen (15) days prior to the date of termination. In the event of the termination of this Agreement, the Sponsor shall receive compensation equal to fifty percent (50%) of the non-federal share of any work found acceptable by the Department which was completed prior to the date of termination of this Agreement. 4) Attached hereto and made part of this Agreement are Attachments A,B,C,D, & E which contain special conditions for the conduct of the project and such special conditions shall be binding upon the Sponsor and the Department. DCA FORM 2/84 Page 2 of 6 , . IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS \. \ \', , \. , GRANT AGREEMENT' THE I"'" \' \ 1 \ t I.. I .,( I' l C' 1 ' , <" ~ : r, " \1, i, / , i \ ~ ;, DAY AND YEAR FIRST WRITTEN ABOVE: NORTH " BY: ;' ~ \) \ Signed: Secretary of c;l, ~~7J ~ . 7--1 )~ . ",",' ATTEST: SPONSOR: Official Attest: I, . , a Notary Public in and for the County and State aforesaid, do hereoy certify that ~~~ ~' came before this day and acknowledged that he is ~~~ of the ~ ~ .;1,.... ..t.(TitleJ (Sponsor) ~ as "Sponsor") and by authority duly given and as an act of said Sponsor, the foregoing instrument was signed by him, attested by ~ ~ 5.~~ ~~ .../ (Name and Title) , personally (hereinafter referred to of the Sponsor, and the seal of the Sponsor affixed thereto. WITNESS my hand and Notarial Seal, this the 6 d day of 19A. '''My Conunission Expires: My Commission txpires Oct. 13, 1986 SEAL Page 3 of 6 " '. RESOLUTION A motion was made bY~ J~ (). ~~ ~ (Name and Title) seconded by ~ , 9~~d. ~ , for the adoption l - r.. . of the following Resolution, and upon being put to a vote was duly accepted: and WHEREAS, a grant in the amount of $ c??1 ~O has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. , NOW THEREFORE, BE AND IT IS RESOLVED THAT THE ~ (Title) of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this grant agreement or any mutually agreed upon modification thereof. I.~\/ff~ ~~ (Sponsor) is a true and correct copy of an excerpt of the do hereby certify that the above from the minutes of the /~ ~ (Sponsor) meeting duly and regularly held on DCA FORM 2/84 19!~ the offical se~.1_:of the Sponsor ~) ~ 9, day of y~ , 19 ff~ . " Signed: ~~ Ti tle : OfThe:~~ Page 4 of 6 '.. . . . " FINANCIAL OFFICER'S CERTIFICATION Provision for the payment of monies which shall fall due under this agreement or any amendment thereto has been made by appropriation duly l authorized, as required by the local government Budget and Fiscal Control Act. /) ;J /()h-rj---' By: U;j)tt'17ula~ Title: Finance Officer (Finance Officer as defined in Part 3, Article 3, Subchapter III ~f Chapter 159 of the North Carolina General Statutes) . - - - - - - - - - - - - - - - - - - - - - STATE OF NORTH CAROLINA, COUNTY OF ~ I~ I, ~ 9. /?t~ ' a Notary Public in and for the County and State aforesaid, do hereby certify that ~ 9, c:....~ personally came ,before me this day and acknowledged that he is the C~~ ~~~ (Finance Officer as defined iu Part J, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) for ~ ~- (Sponsor) ~ antdhethat by authority duly given as an act of said ~ ________ ('~~A~ foregoing certificate was signed by said Finance (Sponsor) ~ ~~v--a ~~~ (Sponsor) Witness my hand and Notarial Seal, this the /1 -a; day of Officer and the Seal of affixed. 19 k~ {~ t7 I, SEAL I (I l' DOA Form 2/84 Page 5 of 6 \' ! //(//, I , .' it. , \, . ~! ... ...~' t ,'.. ~.. . AIRPORT ATTORNEY'S CERTIFICATION I, ' Robert ~v. Pope acting as attorney for New Hanover County (hereinafter referred to L as ("Sponsor") do hereby certify that said Sponsor has the authority and power to enter into the attached State Aid to Airports Graut Agreement with the North' Carolina Department of Transportation. I further certify that said Sponsor has complied with all the necessary legal requirements prior to and including authorizing the Chairman of the Board, of County Commissioners to enter into said Grant Agreement (Title of SponsQr's Representative) on its behalf and that said Grant Agreement is l.gall~~~~) Signed: ~ Robert W. Pope Typed Name: County Attorney DOA Form 8-82 Page 6 of 6 . , . ATTACHMENT A \. , \( SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION 1. The Sponsor shall comply with all requi,rements of Section .0200 and .0300, Subchapter 5B, and Section .0100. Subchapter 6C. of the North Carolina Administrative Code. Title 19A. as contained in the "Project Arhnini stration Procedures" transmitted with the notification of inclusion of the Project in the Transportation Improvement .. Program. 2 The Sponsor shall submit draft plans and specifications, or an approved alternate. for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project. the Sponsor shall submit a detailed work scope and estimated costs prior to requesting "Project Concurrence" to undertake the Project. 3. Following bid opening or final contract negotiation. the Sponsor shall submit the "Project Concurrence" request along with all bid tabulations to the Department for review. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractors within ten (10) days of receipt. 4. All contractor(s) who bid or submit proposals for contracts in connection with ' this project must submit a statement of non-collusion to the Sponsor. 5. The Sponsor shall not commence construction or award construction contracts on the project until a wrltten "Project Concurrence" is co-signed by the Sponsor's Representative and the Department. DOA FORM 8-82 AT'!ACHMENT A Page 1 of 2 .6t" The Sponsor" shall submit bi-monthly status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 7. The Sponsor agrees that he will notify the Department of any significant meetings or inspections involving" the Sponsor, his contractor(s), consultant(s), and/or federal t, funding agencies concerning Project. "- 8. The Sponsor shall provide the Department with such interim plans, specifications, reports, and other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Futher, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. 9. The Sponsor shall notify the Department within thirty (30) days of completion of all work performed under this agreement for the purpose of a final acceptance inspection and scheduling of final audit by the Department. 10. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department and appropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the conduct of this project shall be met. 11. It is the policy of the Department not to awaru cout~acts to contractors who have been removed from the Department's list of pre-qualified bidders without subsequent '" reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) orsub-contractor(s) which had been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. DOA FORM 8-82 ATTAcHMENT A Page 2 of 2 .~ ;;! ... ,~~:~. '. A"J:T.ACHMENT, B '", SONSOR'S ASSUEANCES: PROJECT ACCOUNTING 1. The Sponsor shall deposit all funds received under this Agreement and shall keep' the same in an indentifiable Project account. The Sponsor, and his contractor(s) !' and/or consultant(s}. shall maintain adequate records and documentation to support .... all Project costs incurred under this grant. All records and documentat~on in support of the Project costs, must be identifiable as relating to the Project and must be actual and acceptable costs only. Acceptable costs are defined as those costs which. are acceptable under Federal Procurement Regulations 1-15, 41 CFR 1. Acceptable items of work are those referenced in Title' 19A. Subchapter 6C' of the North Carolina Administrative Code and the North Carolina General Statutes. The Sponsor's accounting procedures which were established for work as set out in this Agreement must be in accordance with generally acceptable accounting principles and must be reviewed and accepted by the Department prior to the final execution of this Agreement and payment of State funds. 2. The Sponsor and hiscontractor(s} and/or consultant(s) shall permit free access to its accounts and records by official representatives of the State of North Carolina , for the purpose of such audit or determination needed to ensure compliance with the authorizing act and this Agreement. The Sponsor further agrees that. in the event the Project involves funding by an agency of the United States Government. the Sponsor shall. upon request of the Department, provide the Department with a copy of the final federal audit or shall authorize the appropriate federal agency to release such audit directly to the Department. 3. The Sponsor and his contractor(s) and/or consultant(s) shall maintain all pertinent records and documentation for a period of aot less than three (3) years following the final audit by the Department. DOA FORH 8-82 ATTACHMENT B Page 1 0 f 1 ... '.~ ATTACHMENT C SPONSOR'S ASSURANCES: GENERAL CONDInONS 1. The Sponsor agrees to operate the Airport for the use and benefit of the general publi~ and shall not deny reasonable access to public facilities by the general public. ~ 2. The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum of ten (10) years following the date of this agreement and shall immediately undertake, or cause to be undertaken, such action to' correct safety deficiencies as may be brought to its attention by the Department. 3. The Sponsor agrees that any land purchased or facilities constructed under this agreement shall not be sold, swapped, leased or othe~ise transferred from the control of the Sponsor without the written concurrence of the Department. 4. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property interest, in 'fee or easement, or by appropriate local zoning action, prevent the construction of any object which may constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR 77. s. Insofar as it is within its power and reasonable, the Sponsor shall, either by acquisition and the retention of property interest, in fee or easemen~, or by appropriate local zoning action, restrict the use of land in the airport's environs to activities and purposes which are compatible with normal airport operations including landing and takeoff of aircraft and the noise produced by such operations. DCA FORM 8-82 ATtACHMENT C Page 1 of 1 ~ . - -," , , ATTACHMENT D PROJECT FINANCIAL PROVISIONS 1. Payment of the State funds obligated tmder this Grant Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Department. A. Upon final. execution of the Grant Agreement and Project Concurrence by the Department, the Department will issue its voucher for fifty percent (50%) of the Agreement amount. B. Upon submission by the Sponsor of a status report indicating that the Project is fifty percent (50%) complete and an executed Payment Request, the Department rl11 issue its voucher for the balance of the Agreement amount, less.!!!L percent (10t) subj ect to the conditions of paragraph 2 of this Attachment. C. Upon cert:lfication by the Sponsor that the entire Sponsor share and State share of the Projectrl11 be required to be expended over a period of ninety (90) days or less, the Department may issue its voucher for ninety percent: (90%) of the State share of the Project. D. Upon completion of the Project and completion of the final. Project aj1dit by the Department or sixty (60) calendar days following receipt of the Project Completion Certification and Final Audit Request, submitted by the Sponsor, whichever is less, the Department will issue its voucher for the, balance of the agreement amount, subject to the conditions of paragraph 2 of .. DOA ,FORM 8-82 ATTACHMENT D Page I of 3 ,;. . ,~.;.. ,. this attachment, or the amount which will bring the total " disbursement to fifty percent (50%) of the final, non-federal: share of approved, eligible items, whichever is less. r 2. If after completion of the final audit by the Department, the final State share of approved eligible items is less than the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an amount equal to the difference between the amount of State funds actually disbursed and fifty percent (50%) of the non-federal share Qf the final, audited, approved eligible Project costs within thirty (30) days of notification by the Department .of the amount due. 3. If after completion of a final audit by the Department, the final State share of approved eligible Project costs shall be more than than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a corresponding increase in the amount of the State grant. Such applications will be considered in accordance with their relative priority versus other applications for available S tate funds. 4. Under certain conditions, projects originally involving only State and local funds may subsequently be eligible for reimbursement from federal funding agencies. ~ such cases, the Sponsor shall notify the Department of its intent to apply for such federal reimbursement and shall keep the Department informed of the status of such application. In the event federal funds are obtained for all or a portion of the project, the Sponsor shall refund to the Department an amount equal to the difference between State funds originally disbursed for the wor~ item(s) subsequently receiving federal funds and fifty percent (50%) of the final approved non-federal share of of costs of the affected item(s) of work. Reimbursement will be made within thirev(30) days of the completion of the federal audit procedures. DOA FORM 8-82 ATTACHMENT D Page 2 of 3 . ". s. For the pUrposes of c~culating the State share of a Project, federal, funds are defined as funds provided by any agency of the' federal government for the specific purpose of undertaking the Project. ;- DCA FOBM 8-82 Al'TACBMENT D Page 3 of 3 . .' ATTACHMENT E SPONSOR'S ASSURANcES: PROJECT ADMINISTRAIION (PROJECTS L~OLVING REIMBURSEABLE'WORKl 1. The Sponsor shall comply with all requirements of Section .0200 and .0300, ,~ Subchapter SB, and Section. 0100, Subchapter 6C of the North Carolina Administrative Code, Title 19A, ,as contained in the "Project Administration Procedures" transmitted 'with the notification of inclusion of the Project in the Transportation Improvement Program. 2. For item(s) of work underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall submit with the Agreement: A. Plans and specifications or such alternate as may be approved by the Department. B. If a construction award has been made, a copy of the bid tabula tions. C. If work is physically underway, a status report on work completed and percentage of work remaining. D. If all work has been completed, a Project Completion Certification. 3. For any item(s) of work not underway as of the date of the Sponsor's execution , of this Agreement, the Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting Concurrence to undertake the Project. 4. For any items of work not under.way as of the date of the Sponsor's execution of this Agreement, following bid opening or final contract negotiation, the Sponsor shall submit the Project Concurrence request along with all bid tabulations to DCA FORM 8-82 ATTACHMENT E Page 1 of 3 .. . . ,..",;~~,;~ .. , .:.' ". . . " ~ ... the Department for review. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractor(s) within ten (10) days of receipt. ~ 5. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of non-collusion to the Sponsor. 6. For any item of work not underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall not commence construction or award construction contracts on the Project until a written Project Concurrence is co-signed by the Sponsor's Representative and the Department. 7. For all ite~(s) of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall submit bi-monthly status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 8. The Sponsor agrees that he will notify the Department of any significant meetings or inspections involving the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 9. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall provide the Uepartment with such interim plans, specifica- tions, reports, and any other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. DCA FORM 8-82 ATTACHMENT E Page 2 of 3 .' . "-.- . .~. .. ..\ l\,' 10. .. J., '~ For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall notify the Dep,artment within thirty (30) days' of completion of all work performed under this agreement for the purpose of the final acceptance inspection and scheduling the final audit by the Department. #' 11. The Sponsor has full responsibility tor assuring the completed Project meets . the requirements ot the Department and appropriate federal funding agenc~es. The Sponsor further certifies that all local, state, and ,federal requirements for the conduct of this Project shaLl be met. 12. It is the policy of the Department not to award contrac.ts eo contractors who have been removed from the Department's list of pre-qualified bidders without subsequent reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) or sub-contractor(s) which had been removed from the Departme!lt's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract.. It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. DOA FONM 8-82 ATTACHMENT E Page 3 of 3 f;~t; ~ X!-)f~~1 , I GRANT AGREEMENT . ~ STATE AID TO AIRPORTS BETWEEN THE DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF NORTH CAROLINA AND AIRPORT: New Hanover County WORK ORDER NO: 9.9325103 NEW HANOVER COUNTY This Agreement made and entered into this the ItAl.. day of ?~ 19 ~~ , by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an Agency . of the State of North Carolina (hereinafter referred to as "Department") and New Hanover County (hereinafter referred to as "Sponsor"). WIT N E SSE T H ---------- WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department subject to the limitations and conditions stated therein, to provide State Aid in the form of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and other publicly-owned or publicly-controlled airport facilities, and to authorize related programs of aviation safety, education, promotion and long-range planning; and WHEREAS, the Sponsor has made a formal application dated the 9th day of May 19 84 , to the Department for State Financial Aid for the New Hanover County Airport; and WHEREAS, a grant in the amount of $ 24,250 has been approved subject to the conditions and limitations herein; and WHEREAS, the grant of State Airport Aid funds will be used for the following approved Project: "Construction of canopy, sidewalk,and racks for baggage claim expansion; fencing and eletrical services including an automatic security fence; architectural fees". .iA FORM 2/84 / , . ..' ...' NOW THEREFORE, the Sponsor and the Department do mutually hereby agree as follows: 1) That the Sponsor shall promptly undertake the Project and complete all work on the Project prior to the 1st day of January , 19 86 unless a written extension of time is granted by the Department. 2) Work performed under this Agreement shall conform to the approved project description. Any amendments to, or modification of, the scope and terms of this Agreement shall be in the form of a Supplemental Agreement mutually executed by the Sponsor and the Department, except that an extension of time may be granted by the Department by written notice to the Sponsor. ,. 3) If for any cause. the Sponsor shall fail to fulfill his obligation under this Agreement in a timely and proper manner, or if the Sponsor violates any of the covenants. agreements, or stipulations of this Agreement, the Department shall have the right to terminate this Agreement by giving written notice to the Sponsor of such termination at least fifteen (15) days prior to the date of termination. In the event, of the termination of this Agreement, the Sponsor shall receive compensation equal to fifty percent (50%) of the non-federal share of any work found acceptable by the Department which was completed prior to the, date of termination of this Agreement. 4) Attached hereto and'made part of this Agreement are Attachments ~<\,B~C~D, & E which contain special conditions for the conduct of the project and such special conditions shall be binding upon the Sponsor and the Department. DCA FORM 2/84 Page 2 of 6 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE E..'lffiCUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE: ), NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: Secretary of Transportation ATTEST: SPONSOR: Official Signed: Attest: I, , a Notary Public in and for the County and State aforesaid, do hereoy certify that ~~ (. ~. came before this day and acknowledged that he is ~~ of the ~ ~ 0_ .... iTitleJ (Sponsor) ~ as "Sponsor") and by authority duly given and as an act of said Sponsor, the foregoing instrument was signed by him, ,attested by ~ ~ 5.. .~I ~~ .../ (Name and Title) personally (hereinafter referred to of the Sponsor, and the seal of the Sponsor affixed thereto. WITNESS my hand and Notarial Seal, this the ,d day of 19 g; ,~-- ' . ~ '" /). .~.. My Commission Expires: My Commission ~xpires Oct. 13, 1986 SEAL .-~" .-~' Page 3 of 6 RESOLUTION ..... A motion was made by ~ J~ p ~-", ./ (Name and Title) seconded bY~. ,9~~d...M... for the adoption -f.. . of the following Resolution, and upon being put to a vote was duly accepted: and WHEREAS, a grant in the amount of $ c?'1; ~O has been approved by the Departmen t; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE ~ (Title) of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this grant agreement or any mutually agreed upon modification thereof. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. - - - - - ~, -/~. I,' " ..,j~ \"7." ~ L~~ (sponsor)1 is a true and correct copy of an excerpt of the do hereby certify that the above from the minutes of the /~ ~ (Sponsor) meeting duly and regularly held on DOA FORM 2/84 19 S If' the offical sea~__of the Sponsor /~~) ~ ~ / .' )" day of y~~ , 19 ff.y- . Signed: ~~ Ti tIe: OfThe:~~~ Page 4 of 6 FINANCIAL OFFICER'S CERTIFICATION ,,)- Provision for the payment of monies which shall fall due under this agreement or any amendment thereto has been made by appropriation duly authorized, as required by the local government Budget and Fiscal Control Act. .., By: Title: (Finance Officer as defined in Part 3, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) STATE OF NORTH CAROLINA; COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that personally came before me this day and acknowledged that he is the (Finance Officer as defined in Part 3, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) for (Sponsor) and that by authority duly given as an act of said the foregoing certificate was signed by said Finance (Sponsor) Officer and the Seal of affixed. (Sponso r) Witness my hand and Notarial Seal, this the day of 19 (Notary Public (Signature) My Commission Expires SEAL DOA Form 2/84 Page 5 of 6 AIRPORT ATTORNEY'S CERTU'ICATION .> I, acting as attorney for (hereinafter referred to as ("Sponsor") do hereby certify that said Sponsor has the authority and power to enter into the attached State Aid to Airports Grant Agreement with the North Carolina Department of Transportation. I further certify that said Sponsor has complied with all the necessary legal requirements prior to and including authorizing to enter into said Grant Agreemen~ (Title of SponsQr's Representative) on its behalf and that said Grant Agreement is legally binding. ~ Signed: Typed Name: IlOA Form 8-82 Page 6 of 6 ATTACHMENT -A \,:' SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION -> 1. The Sponsor shall comply with all requirements of Section .0200 and .0300, Subchapter 5B, and Section .0100, Subchapter 6C, of the North Carolina Administrative Code, Title 19A, as contained in the "Project Administration Procedures" transmitted with the notification of inclusion of the Project in the Transportation Improvement ~ Program. 2 The Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Department prior to advertising for bids on the ; Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting "Project Concurrence" to undertake the Project. 3. Following bid opening or final contract negotiation, the Sponsor shall submit the "Project Concurrence" request along with all bid tabulations to the Department for review. The Department will take action on the request including the approval or d1.sapproval of the-Sponsor' s' employment of specific contractors within ten (lO)-davs of receipt. 4. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of non-collusion to the Sponsor. 5. The Sponsor shall not commence construction or award construction contracts on the project until a written "Project Concurrence" is co-signed by the Sponsor's Representative and the Department. DOA FORM 8-82 AT'I'ACBMENT A Page 1 of 2 O~ The Sponsor shall submit bi-monthlv status reports to- the 'Department, unless otherwise instructed, and will immediately notify the Departnent of-"any significant .".' problems which are encountered in the completion of the Project. 7. The Sponsor agrees that he will notify the Department of any significant meetings or inspections involving" the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 8. The Sponsor shall provide the Department with such inter~ plans, specifications, reports, and other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Futher, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by ,the Sponsor. 9. The Sponsor shall notify the Depar~ent within thirty (30) days of completion of all work performed under this agreement for the purpose of a final acceptance inspection and scheduling of final audit by the Department. 10. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Departmerit and appropriate federal funding agencies. TheSponsor ~ ' , further certifies that all local, state, and federal requirements for the conduct of this project shall be met. 11. It is the policy of the Department not to awartl cont:l:'acts to contractors who have been removed from the Department's list of pre-qualified bidders without subsequent " reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) or sub-contractor(s) wh~ch had been removed from the Department's list ~f pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It, shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airt>ort Aid funds. OOA. FORM 8-82 ATTACHMENT A Page 2 of 2 ATTACHMIDIT 'B SONSOR'S ASSURANCES: PROJECT ACCOUNTING .... 1. The Sponsor shall deposit all funds received under this Agreement and shall keep the same in anindentifiable Project account. The Sponsor, and his contractor(s) and/or consultant(s), shall maintain adequate records and documentation to support all ~roject costs incurred under this grant. All records and documentation in support of the Project costs. must be identifiable as relating to the Project and must be actual and acceptable costs only. Acceptable costs are defined as those costs'which are acceptable under Federal Procurement Regulations 1-15, 41 CFR 1. Acceptable items of work are those referenced in Title 19A, Subchapter 6C'of the North Carolina Administrative Code and the North Carolina General Statutes. The Sponsor's accounting procedures which were established for work as set out in this Agreement must be in accordance with generally acceptable accounting principles and must be reviewed and accep,ted. by the Department prior to the final execution of this Agreement and payment of State funds. 2. The Sponsor and hiscontractor(s) and/or consultant(s) shall per.cit free access to its accounts and records by offiCial representatives of the State of North Carolina for the purpose of such au~t or determination needed to ensure compliance with the authotiz1.ng act and this Agreement. TIle Sponsor further agrees that, in the event the Project involves funding by an agency of the United States Government, the Sponsor shall, upon request of the Department, provide the Department with a copy of the final federal audit or shall authorize the appropriate federal agency to release such audi.t' directly to the Department. ATTACHMENT C ~ SPONSOR'S ASSURANCES: GENERAL CONDITIONS 1. The Sponsor agrees to operate the Airport for the use and benefit of the general publiC and shall not deny reasonable access to public facilities by the general public. ~ The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum of ten (10) years following the date of this agreement and shall immediately undertake, or cause to be undertaken, such action to correct safety deficiencie~ as may be brought to its attention by the Department. 3. The Sponsor agrees that any land purchased or facilities constructed under this agreement shall not be sold, swapped, leased or otherwise transferred from the control of the Sponsor without the written concurrence of the Department. 4. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR 77. 5. Insofar as it is within its power and reasonable, the Sponsor shall, either by acquisition and the retention of property interest, in fee or easement, or by appropriate local zoning action, restrict the use of land in the airport's environs to a:ctivitiesand purposes which are compatible with normal airport operations ~cluding landing and takeoff of aircraft and the noise produced by such operations. DOA FORM 8-82 ATTACHMENT C Page 1 of 1 ATTACHMENT D PROJECT FINANCIAL PROVISIONS ..- 1. Payment of the State funds obligated under this Grant Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Department. A. Upon final. execution of the Grant Agreement and Project Concurrence by 'the Department, the Department will issue its voucher for fifty percent (50%) of the Agreement amount. B. Upon submission by the Sponsor of a status report indicating that the Project is fifty percent (50%) complete and an executed Payment Req:uest, the Department will issue its '. voucher for the balance of the Agreement amount, less ~ percent (101) subject to the conditions of paragraph 2 of this Attachment. c. Upon cere:f.fication by the Sponsor that the entire Sponsor share and State share of the Project ~l be required to be expended over a period of ninety (90) days or less, the Department may issue its voucher for ninety percent (90%) of the State share of the Project. o D. Upon completion of the Project and completion of the. final Project audit: by the Department or sixty (60) calendar days following receipt of the Project Completion Certification and Final Audit Request, submitted by the Sponsor, whichever is , less, the Department will issue its voucher for the, balance of the agreement: amount, subject to the conditions of paragraph 2 of ',,';, , DCA ,FORM 8-82 ATTACHMENT D Page 1 of 3 this attachment, or the amount which will bring the total ~ disbursement to fifty percent (50%) of the final, non-federal share of approved, eligible items, whichever is less. 2. If after completion of the final audit by the Department, the final State share of approved eligible items is less than the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an '. amount equal to the difference between the amount of State funds actually disbursed and fifty percent (50%) of the non-federal share of the final, audited, approved eligible Project costs within thirty (30) days of notification by the Department 'of the amount due. 3. If after completion of a final audit by the Department, the final State share of approved eligible Project costs shall be more than than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a corresponding increase in the amount of the State grant. Such applications will be considered in accordance with their relative priority versus other applications for available State funds. 4. Under certain conditions, projects originally involving only State and local funds may subsequently be eligible for reimbursement from federal funding agencies. In such cases, the Sponsor shall notify the, Depar~nt of its intent to apply for such federal reimbursement and shall keep the Department informed of the status of such application. In the event federal funds are obtained for all or a portion of "the proje.ct, 'the Sponsor shall refund to the Department an amount equal to the difference between State funds originally disbursed for the wor~ item(s) subsequently receiving federal funds and fifty percent (50%) of the final approved non-federal share of of costs of the affected item(s) of work. Reimbursement will be made withinthirey(30) d~ys of the completion of the federal audit procedures. DOA FORM 8-82 ATTACHMENT D Page 2 of 3 ,5. For the purposes o! calculating the State share of a Projec;) federal funds are defined as funds provided by any agency of the federal government for the specific purpose of undertaking the Project. OOA. FORM 8-82 Arl'ACBMEN'r . D Page 3 of 3 ATTACHMENT E ". SPONSOR'S ASSURANCES: PROJECT ADMINISTRAl'ION (PROJECTS LWOLVING REIMBURSEABLE' WORK). 1. The Sponsor shall comply with all requirements of Section .0200 and .0300, Subchapter 5B, and Section .0100, Subchapter 6C of the North Carolina Administrative Code, Title 19A. ,as contained in the "Project Administration Procedures" transmitted .. with the notification of inclusion of the Project in the Transportation Improvement ~ Program. 2. For item{s) of work underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall submit with the Agreement: N. Plans and specifications or such alternate as may be approved by the Department. B. If a construction award has been made, a copy of the bid tabulations. C. If work is physically underway, a status report on ~ork completed and percentage of work remaining. D. If all work has been completed, a Project Completion Certification. 3., For, any item(s) of work not underway as of the date of the Sponsor's execution -' of this Agreement, the Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review, by, the Department prior to advertising '" for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting Concurrence , to undertake the Project. 4. For' any items of work not under.vay as of the date of the Sponsor's execution of this Agreement, follOwing bid opening or final contract negotiation. the Sponsor shall submit the Project Concurrence request along ~th all bid tabulations to DCA FORM 8-82 ATTACHMENT E Page 1 of 3 the Department for review. The Department will take action on the request including ". the approval or disapproval of the Sponsor's employment of specific contractor(s) within ten (10) davs of receipt. 5. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of non-collusion to the Sponsor. .. : ,. 6. For any item of work not underway as of the date of the Sponsor's execution ..' of this Agreement, the Sponsor shall not commence construction or award construction contracts on the Project until a written Project Concurrence is co-signed by the Sponsor's Representative and'the Department. 7. For all ite~(s) of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall submit bi-monthlv status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. . 8. The Sponsor agrees that he will notify the Department of any significant , meetings or inspections in~lving the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 9. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall prov:lde the Department with such interim plans, specifica- tions, reports, and any other studies as may be produced_ under the Project prior to the acceptance of such documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. DCA FORM 8- 82 ATTACHMENT E Page 2 of 3 , ..' . '10. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall notify the Department within thirty (30) days' of > completion of all work performed under this agreement for the purpose of the final acceptance inspection and scheduling the final audit by the Department. 11. The Sponsor has full responsibility tor assuring the completed Project meets the requirements of the Department and appropriate federal funding agencies. The ~ ,0 ~.. Sponsor further certifies that all local, state, and federal requirements for the conduct of this Project shall be met. 12. It is the policy of the Department not to award contrac.ts to contractors who have been removed from the Department's list of pre-qualified bidders without subsequent reinstatement. Therefore,noState funds will be provided for any work performed by, a contractor(s) or sub-contractor(s) which had been removed from the Depart1lleD..t's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract.. It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. DOA FOHM 8-82 ArrACBMENT E Page 3 of 3 'AT1',.'\CHMENT B -> SONSOR'S ASSURANCES: PROJECT ACCOUNTL.'lG 1. The Sponsor shall deposit all funds received under this Agreement and shall keep the same in an indentifiable Project account. The Sponsor, and his contractor(s) and/or consultant(s), shall maintain adequate records and documentation to support all Project costs incurred under this g~ant. All records and documentation in support of the Project costs, must be identifiable as relating to the Project and must be actual and acceptable costs only. Acceptable costs are defined as those costs which are acceptable under Federal Procurement Regulations 1-15, 41 CFR 1. Acceptable items of work are those referenced in Title 19A, Subchapter 6C' of the North Carolina Administrative Code and the North Carolina General Statutes. The Sponsor's accounting procedures which were established for work as set out in this Agreement must be in accordance with generally acceptable accounting principles and must be reviewed and accepted by the Department prior to the final execution of this Agreement and payment of State funds. = 2. The Sponsor and hiscontractor(s) and/or consultant(s) shall permit free access to its accounts and' records by official representatj,ves of the State of North Carolina for the purpose of such audit. or determination needed to ensure compliance rith the authorizing act and this Agreement. The Sponsor further agrees that, in the event the Project involves funding by an agency of the United States Government, the Sponsor shall, upon request 'of the Department, provide the Department with a copy of the final federal audit or shall authorize the appropriate federal agency to release such audit' directly to the Departllent. 3. The Sponsor and his contractor(s) and/or consultant(s) shall maintain all pertinent records and documentation for a period of not less than three (3) years follOWing the final audit by the Department. DOA FORM 8-82 AT'rACHMEN'l' B Page 1 of 1 -' ATTACHMENT C ,),' SPONSOR'S ASSURANCES: GENERAL CONDITIONS 1. The Sponsor agrees to operate the Airport for the use and benefit of the general publi~ and shall not deny reasonable access to public facilities by the general public. - 2. The Sponsor agrees to operate, maintain, and control the Airport in a,safe and serviceable condition for a minimum of ten (10) years following the date of this agreement and shall immediately undertake, or cause to be undertaken, such action to correct safety deficiencies as may be brought to its attention by the Department. 3. The Sponsor agrees that any land purchased or facilities constructed under this agreement shall not be sold, swapped, leased or otherwise transferred from the control of the Sponsor without the written concurrence of the Department. 4. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may coust~tute an obstruction to air navigation under the a~propriate category of Federal Air Regulation Part 77, 14 en 77. 5. Insofar as it is within its power and reasonable, the Sponsor shall, either by acquisition and the retention of property interest, in fee or easement;, or by appropriate local zoning action, restrict the use of land in the airport's environs to activities and purposes which are compatible with normal airport operations including landing and takeoff of aircraft and the noise produced by such operations. DOA FORM 8-82 ATTACBMEN'l' C , Page 1 of 1 ATTACHMENT D PROJECT FINANCIAL PROVISIONS 1. Payment of the State ftmds obligated under th;is Gr~t Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Department. A. Upon final. execution of the Grant Agreement and Project Concurrence by the Department, the Department will issue -> its voucher for fifty percent (50%) of the Agreement amount. B. Upon submission by the Sponsor of a status report indicating that the Project is fifty percent (50%) complete and an executed Payment Request, the Department will issue its voucher for the balance of the Agreement aIDOtmt, less ten percent (10%) subject to the conditions of paragraph 2 of this Attachment. C. Upon certification by the Sponsor that the entire Sponsor share and State share of, the Project will be required to be expended oVer a period of ninety (90) days or less, the Depart1llent may issue its voucher for ninet"V percent (90%) of the State share of the Project. D. Upon completion of the. Project and completion of the final Project audit by the Depart:cent or sut'V (60) calendar daYS following receipt of the Project Completion Certification and Final Audit Request, submitted by the Sponsor, whichever is less, the Department will issue its voucher for the balance of the agreement amount, subject to the conditions of paragraph 2 of . .'" i'~ .<.-,- , OOA ,FORM 8-82 Al'TACBMENT D Page 1 of 3 this attachment, or the amount which will bring the tota~. disbursement to fifty percent (50%) of the final, non-federal share of approved, eligible items, whichever is less. 2. If after completion of the final audit by the Department, the final State share of approved eligible items is less than the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an amotmt equal to the difference between the amount of State funds actually disbursed and fifty percent (50%) of the non-federal share of the final, audited, approved eligible Project costs within thirty (30) days of notification by the Department 'of the amount due. 3. If after completion of a final audit by the Department, the final State share of approved eligible Project costs shall be more than than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a: corresponding increase in the amount of the State grant. Such applications will be considered in accordance with their relative priority versus other applicat:Lons for available State funds. 4., Under certain conditions, projects originally involving only State and local funds may subsequently be eligible for reimbursement from federal funding agencies. ~ such cases, the Sponsor shall notify the Department of its intent to apply for such federal reimbursement ~d shall keep the Department informed of the status . of such application. In the event federal funds are obtained for all or a portion of the project, the Sponsor shall refund to the Department an amount equal to the d1fference between State funds originally disbursed for the work item(s) subsequently receiving federal funds and fifty percent (50%) of the final approved non-federal share of of costs of the affected item(s) of work. Reimbursement will be made within thirty (30) days of the completion of the federal audit procedures. DCA FORM 8-82 ATTACHMENT D Page 2 of 3 5. For the purposes 0; calculating the State share of a Proje~', federal flmds are defined: as flmds provided by any agency of the federal government for the specific purpose of undertaking the Project. . DOA FORM 8-82 ArrACRMENT D Page 3 of 3 ATTACHMENT E .,)" SPONSOR'S ASSUltANCES: PROJECT ADML.'lISTRATION (PROJECTS L'lVOLVING REIMBURSEABLE WORK>. 1. The Sponsor shall comply with all requirements of Section .0200 and .0300, Subchapter 5B, and Section .0100, Subchapter 6C of the North Carolina Administrative :! Code, Title 19A, ,as contained in the "Project Administration Procedures" transmitte~ with the notification of inclusion of the Project in the Transportation Improvement Program. 2. For item(s) of work underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall submit with the Agreement: A. Plans and specifications or such alternate as may be approved by the Department. B. If a construction award has been made, a copy of the bid tabulations. c. If work is physically underway, a status report on work completed and percentage of work remaiIling. D. If all work has been completed, a Project Completion Certification. 3. For any item(s) of work not underway as of the date of the Sponsor's execution o,fthis Agreement, the Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting Concurrence to undertake the Project. 4. For any items of work not underway as of the date of the Sponsor's execution of thi~ Agreement, following bid opening or final contract negotiation, the Spons.or shall submit the Project Concurrence request along with all bid tabulations to OOA FORM 8-82 ATTAcmfENT E Page 1 of 3 .~ the Department for review. The Department will take action on t~ request including ..)- the approval or disapproval of the Sponsor's employment of specific contractor(s) within ten (10) davs of receipt. 5. All contractor(s) who bid or submit proposals for contracts in connection wit~ . ~' ~ this project must submit a statement of non-collusion to the Sponsor. .. 6. For any item of work not tmderway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall not commence construction or award construction contracts on the Project until a written Project Concurrence is co-signed by the Sponsor's Representative and'the Depar~nt. 7. For all ite~(s) of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall submit bi-monthlv status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 8. The Sponsor agrees that he will notify the Department of any significant meetings or inspections inVQlving the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 9. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall provide the Uepartment with such inter~ plans, specifica- tions, reports, and any oth~r studies as may be produced tmder the Project prior to the acceptance of such" documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy ,of such documents following their approval and acceptance by the Sponsor. DOA FORM 8-82 ATTACHMENT" E Page 2 of 3 .. ,,: 10. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall notify the Department within thirty.} '(30) davs' of comple.tion of all work performed. under this agreement for the purpose of the ;final acceptance inspection and scheduling the rinal 'audit by the Department. ~ 0:- ... 11. The Sponsor has full responsibility tor assuring the completed Project meets . the requirements of the Department and appropriate federal funding agencies. The Spousor further certifies that all local, state, and federal requirements for the QOnduct of this Project sha.11 be met. T2. It: is the policy of the Department not to award contrac.t:s to contractors ~ have been removed from the Department's list of pre-qualified bidders without subsequent reinstatement. Therefore, no State funds will be provided for any wor~ performed by a contractor(s) or sub-contractor(s) which had been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract~ It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. OOAFOKM 8-82 A1'TACmmNT E Page 3 of 3 '.1 ....... __h ~ ). .., . :, ~'J?Uhz ~ Q '~':~, ,~/ ~ . ,.. ..".'"',.' GRANT AGREEMENT ~ - .' STATE AID TO AIRPORTS BETWEEN THE DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF NORTH CAROLINA AND AIRPORT: New Hanover County I', f WORK ORDER NO: 9.901484 :~; STATE PROJECT: 83-23 ..,>, NEW HANOVER COUNTY u--:tC r57r~ This Agreement made and entered into this the j:(,~ay of ~~ 19 3 ~ , by and between the NORTH CAROLINA DEPARTMENT OF TRANSPOR'IATION, an Agency of the State of North Carolina (hereinafter referred to as "Department") and NEW HANOVER COUNTY (hereinafter referred to as "Sponsor"). WIT N E SSE T H ---------- WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department, subject to the limitations and conditions stated therein, to provide State Aid in the form of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and other publicly-owned or publicly-controlled airport facilities, and to authorize related programs of aviation safety, education, promotion and long-range planning; and WHEREAS, the Sponsor has made a formal application dated the 4th' day of Ap ril , 1984 , to the Department for State Financial Aid for the New Hanover County Airport; and WHEREAS, a grant in the amount of $ 28,400 has bee~ approved subject to the conditions and limitations herein; and WHEREAS, the grant of State Airport Aid funds will be used for the following approved Project: "Obstruction removal (Runway 34 clear zone and approach system llight area). 1'v'\" ""'''"'1.. ""l_ to,. ,.~ of , . 't NOW THEREFORE, the Sponsor and the Department do mutually hereby agree as follows: .~. .::: 1) That the Sponsor shall promptly undertake the Project and complete all work on the Project prior to the 1st day of Janw'lry , 1986 unless a written extension of time is granted by the Department. ,~ 2) Work performed under this Agreement shall conform to the approved project description. Any amendments to, or modification of, the scope and terms of this Agreement shall be in the form of a Supplemental Agreement mutually executed by the Sponsor and the Department, except that an extension of time may be granted by the Department by written notice to the Sponsor. 3) If for any cause, the Sponsor shall fail to fulfill his obligation under this Agreement in a timely and proper manner, or if the Sponsor violates any of the covenants, agreements, or stipulations of this Agreement, the Department shall have the right to terminate this Agreement by giving written notice to the Sponsor of such termination at least fifteen (15) days prior to the date of termination. In the event of the termination of this Agreement, the Sponsor shall receive compensation equal to fifty percent (50%) of the non-federal share of any work found acceptable by the Department which was completed prior to the date of termination of this Agreement. 4) Attached hereto and made part of this Agreement are Attachments A. B. C. D. & E which contain special conditions for the conduct of the project and such special conditions shall be binding upon the Sponsor and the Department. DCA. FORM 2/84 Page 2 of 6 ".. j' ,~ I IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXEGUTED THIS GRANT AGREEMENT THE , a Notary Public in and for 1!-t'UhL- c: ~ came before this day and acknowledged that he is ~~ (Ti e) ofthe(S~~~ as "Sponsor") and by authority duly given and as an act of said Sponsor, the foregoing o(~,-;:~,~ ,/ " (Name and Title) DAY AND YEAR FIRST WRITTEN ABOVE: ..= " ATTEST: ' SPONSOR: Official Agency: Y(1.; #~ ~ Signed: ct';.~ Attest:. ) ,~ /. . '~/'~ I, and State aforesaid, do hereby certify that instrument was signed by him, attested by \ " ,: \. ,'i (I t ; I , I ( "\ " personally (hereinafter referred to of the Sponsor, and the seal of the Sponsor affixed thereto. WITNESS my hand and Notarial Seal, this the b#day of 19 -r;t{ . My Commission Expires Oct. 13, 1986 My Commission Expires: SEAL Page 3 of 6 J. .. , ' RESOLUTION .:. A motion was made by ~ j~ (), ~......... (Name and Title) seconded by ~ f~~/ ~. for the adoption of the following Resolution, and upon being put to a vote was duly accepted: and WHEREAS, a grant in the amount of $ c?f; .ycJ 0 has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been NOW THEREFORE, Sponsor for this Project. BE AND IT IS RESOLVED THAT THE ~~ (Title) appropriated by the of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this grant agreement or any mutually agreed upon modification thereof. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I'(~ b,:;(#~. ~ ~~' (spons~ 1. is a true and of the correct copy of an excerpt from the minutes of the do hereby certify that the above 4y~ (Sponsor) of a meeting duly and regularly held on DCA FORM 2/84 , 19~. the offical seal of the Sponsor 4...2. /~ ~~. day of l~ ' 199r . Signed, .;(~.E. ~; Title: ~_ Of The, 4w/~~ ~-t Page 4 of 6 j) FINANCIAL OFFICER'S CERTIFICATION Provision for the payment of monies which shall fall due under this : agreement or any amendment thereto has been made by appropriation duly authorized, as required by the local government Budget and Fiscal Control Act. By: ai11Jd4:'4~ Finance fflcer ' (Finance Officer as defined in Part 3, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) Ti tle : - - - - - - - - - - - - - - - - - - - - -- STATE OF NORTH CAROLINA, COUNTY OF ~- I, ~~ f~ County and State aforesaid, do hereby certify that ~~ personally came before me this day and acknowledged , a Notary Public in and for the O~ q. ~".h~ ~ that he is th~ ~~ (Finance Officer as defined in Part 3, Article 3, Subchapter III of the North Carolina General Statutes) for ~ ~' (Sponsor) ~ and that by authority duly given as an act of said 1~ /~ ~ the foregoing certificate was signed by said Finance CSP= . ~ Officer and the Seal of ~ /~ ~ affixed. (Sponsor) Witness my hand and Notarial Seal, this the 11--cJ{" day of 19 yf ~ I (~ ~gn~ My eonmission ExpireS~/7, !'lri" ( , I, . SEAL " \ I / , //; " I;. DOA Form 2/84 Page 5 of 6 AIRPORT ATTORNEY'S CERTIFICATION I, Robert W. Pope acting as attorney for New Hanover County ,- (hereinafter referred to as ("Sponsor") do hereby certify that said Sponsor has the authority and power to , enter into the attached State Aid to Airports Grant Agreement with the North Carolina Department of Transportation. I further certify that said Sponsor has complied with all the necessary legal requirements prior to and including authorizing the Chairman of the Board of County Commissioners to enter into said Grant Agreement (Title of SponsQrts Representative) on its behalf and that said Grant Agreement is legally binding. Signed: ~-:' --~~~- R'obe rt Typed Name: County DCA Form 8-82 Page 6 of 6 " Al'TACHMENT A 1..';,- SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION 1. The Sponsor shall comply with all req~rements of Section .0200 and .0300, Subchapter 5B, and Section .0100, Subchapter 6C, of the North Carolina Administrative Code, Title 19A, as contained in the "Project Anmin1stration Procedures" transmitted with the notification of inclusion of the Project in the Transportation Improvement Program. 2 The Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting "Project Concurrence" to undertake the Project. 3. Following bid opening or final contract negotiation, the Sponsor shall submit the "Project Concurrence" request along with all bid tabulations to the Department for review. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractors within ten (10) days of receipt. 4. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement o,f non-collusion to the Sponsor. 5. The Sponsor shall not commence construction or award construction contracts on the p,roject until a written "Project Concurrence" is co-signed by the Sponsor's Representative and the Department. DOA FORM 8-82 ATTACHMENT A Page 1 0 f 2 6:" The Sponsor" shall submit bi-monthly status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 7. The Sponsor agrees that he will notify the Department of any signific.ant meetings or inspections involving" the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 8. The Sponsor shall provide the Department with such interim plans, specifications, reports, and other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Futher, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. 9. The Sponsor shall notify the Department within thirty (30) days of completion of all work performed under this agreement for the purpose of a final acceptance inspection and scheduling of final audit by the Department. 10. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department and appropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the conduct of this project shall be met. 11. It is the policy of the Department not to award coutracts to contractors who have been removed from the Department's list of pre-qualified bidders without subsequent " reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) or sub-contractor(s) which had been removed from the Department!s list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be the responsibility 'of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. DOA FORM 8-82 ATTACHMENT A Page 2 of 2 " , ATTACHMENT B SONSOR r S ASSURANCES: PROJECT ACCOUNTING 1. The Sponsor shall deposit all funds received under this Agreement and shall keep the same in an indentifiable Project account. The Sponsor, and his contradtor(s) , and/or consultant(s), shall maintain adequate records and documentation to support all Project costs incurred under this grant. All records and documentation in support of the Project costs, must be identifiable as relating to the Project and must be actual and acceptable costs only. Acceptable costs are defined as those costs which are acceptable under Federal Procurement Regulations 1-15, 41 CFR 1. Acceptable items of work are those referenced in Title 19A, Subchapter 6C'of the North Carolina Administrative Code and the North Carolina General Statutes. The Sponsor's accounting procedures which were established for work as set out in this Agreement must be in accordance with generally acceptable accounting principles and must be reviewed and accepted by the Department prior to the final execution of this Agreement and payt:1ent of State funds. 2. The Sponsor and hiscontractor(s) and/or consultant(s) shall permit free access to its accounts and records by official representatives of the State of North Carolina for the purpose of such audit or determination needed to ensure compliance with the authorizing act and this Agreement. The Sponsor further agrees that, in the event the Project involves funding by an agency of the United States Government, the Sponsor shall, upon request of the Department, provide the Department with a copy of the final federal audit or shall authorize the appropriate federal agency to release such audit directly to the Department. 3. The Sponsor and his contractor(s) and/or consultant(s) shall maintain all pertinent records and documentation for a period of not less than three (3) years following the final audit by ,the Department. OOA FORM 8-82 ATTACHMENT B Page 1 of 1 ,. ~ . .. ATTACHMENT C SPONSOR'S ASSURANCES: GENERAL CONDITIONS 1. The Sponsor agrees to operate the Airport for the use and benefit of the general publi~ and shall not deny reasonable access to public facilities by the general public. 2. The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum of ten (10) years following the date of this agreement and shall immediately undertake,or cause to be under'taken, such action to correct safety deficiencies as may be brought to its attention by the Department. 3. The Sponsor agrees that any land purchased or facilities constructed under this agreement shall not be sold, swapped, leased or otherwise transferred from the control of the Sponsor without the written concurrence of the Department. 4. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property interest, in 'fee or easement, or by appropriate local zoning action, prevent the construction of any object which may constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 en 77. 5. Insofar as it is within its power and reasonable, the Sponsor shall, either by acquisition and the retention of property interest, in fee or easemen~, or by (' appropriate local zoning action, restrict the use of land in the airport's environs to activities and purposes which are compatible with normal airport operations including landing and takeoff of aircraft and the noise produced by such operations. DOA FORM 8-82 ATTACHMENT C Page 1 of 1 .' .' ATTACHMENT D PROJEct FINANCIAL PROVISIONS 1. Payment of the State funds obligated under this Grant Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Department. A. Upon final. execution of the Grant Agreement and Project Concurrence by the Department, the Department will issue its voucher for fifty percent (50%) of the Agreement amount. B. Upon submission by the Sponsor of a status report indicating that the Project is fift"f percent (50%) complete and an executed Payment Request, the Department will issue its voucher for the balance of the Agreement amount, less ~ percent (lOt) subject to the conditions of paragraph 2 of this Attachment. C. Upon cert:f.fication by the Sponsor that the entire Sponsor share and State share of the Project will be required to be expended ov~r a period of ninety (90) days or less, the Department may issue its voucher for ninety percent (90%) of the State share of the Project. D. Upon completion of the Project and completion of, the final. Project audit by the Department or sixty (60) calendar days following receipt of the Project Completion Certification and Final Audit Request, submitted by the Sponsor, whichever ,is less, the Department will issue its voucher for the, balance of the agreement aJlX)unt, subject to the conditions of paragraph 2 of DCA FORM 8-82 ATTACHMENT D Page 1 of 3 " . this attachment, or the amount which will bring the total - , disbursement to fifty percent (50%) of the final, non-federal share of approved, eligible items, whichever is less. 2. If after completion of the final audit by the Department, the final State share of approved eligible items is less than the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an amount equal to the difference between the amount of State funds actually disbursed and fifty percent (50%) of the non-federal share of the final, audited, approved eligible Project costs within thirty (30) days of notification by the Department 'of the amount due. 3. If after completion of a final audit by the Department, the final State share of approved eligible Project costs shall be more than than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a corresponding increase in the amount of the State grant. Such applications will be considered in accordance with their relative priority versus other applications for available State funds. 4. Under certain conditions, projects originally involving only State and local funds may subsequently be eligible for reimbursement from federal funding agencies. J;n such cases, the Sponsor shall notify the Department of its intent to apply for such federal reimbursement and shall keep the Department informed of the status of such application. In the event federal funds are obtained for all or a portion of the project, the Sponsor shall refund to the Department an amount equal to the difference between State funds originally disbursed for the work item(s) 'subsequently receiving federal funds and fifty percent (50%) of the final approved non-federal share of of costs of the affected item(s) of work. Reimbursement will be made within thi~(30) days of the completion of the federal audit procedures. DOA FORM 8-82 ATTACHMENT D Page 2 of 3 " , s. For the purposes 6f c~cu1at1ng the State share of a Project. federal funds are defined as funds provided by any agency of the federal government for the specific purpose of undertaking the Project., DCA FORM 8-82 AnACBMENT D Page 3 of 3 " . ATTACHMENT E SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION (PROJECTS L~OLVING REIMBURSEABLE' WORK). 1. The Sponsor shall comply with all requirements of Section .0200 and '.0300, Subchapter 5B, and Section.0100, Subchapter 6C of the North Carolina Administrative Code, Title 19A, ,as contained in the "Project Administration Procedures" tranSlllitt'ed with the notification of inclusion of the Project in the Transportation Improvement Program. 2. For item(s) of work underway as of the date of the Sponsor's execution of this Agreement:, the Sponsor shall submit with the Agreement: A. Plans and specifications or such alternate as may be approved by the Department. B. If a construction award has been made, a copy of the bid tabula tions . C. If work is physically underway, a status report on work completed and percentage of work remaiIling. D. If all work has been completed, a Project Completion Certification. 3. For any item(s) of work not underway as of the date of the Sponsor's execution , of this Agreement, the Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Department prior to advertising ~ for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting Concurrence to undertake the Project. 4. For any items of work not under.ray as of the date of the Sponsor's execution of this Agreement, following bid opening or final contract negotiation, the Sponsor shall submit the Project Concurrence request along with all bid ,tabulations to DCA FORM 8-82 ATTACHMENT E Page 1 of 3 .' , the Department for review. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractor(s) within ten (10) days of receipt. 5. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of non-collusion to the Sponsor. 6. For any item of work not underway as of the date of the Sponsor's execution of this Agreement, the Sponsor. shall not commence construction or award construction contracts on the Project until a written Project Concurrence is co-signed by the Sponsor's Representative and the Department. 7. For all item{s) of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall submit bi-monthly status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 8. The Sponsor agrees that he will notify the Department of any significant meetings or inspections involving the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning Project. 9. For all items of work not completed as of the Sponsor's e%ecution of this Agreement, the Sponsor shall provide the Uepartment with such interim plans, specifica- tions, reports, and any other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. DOA FORM 8-82 ATTACHMENT E Page 2 of 3 ,~ ...... "1'0. For all items of work' not completed as of the Sponsor's execution of this Agreement, the Sponsor shall notify the Department within thirty (30) days' of completion of all work performed under this agreement for the purpose of the final acceptance inspection and scheduling the final audit by the Department. II. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department and ~ppropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the conduct of this Project shaLl be met. 12. It is the policy of the Department not to award contrac.ts to contractors who have been removed from the Department's list of pre-qualified bidders without subsequent reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) or sub-contractor(s) which had been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contrac.ts for work involving State Airport Aid funds. 'DOA FONM 8-82 Al'TACHMENT E Page J of J " " 'if.~~~ 3/ GRANT AGREE..'fENT ,>' STATE AID TO AIRPORTS BETWEEN THE DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF NORTH CAROLINA AND AIRPORT: New Hanover County WORK ORDER NO: 9.901484 STATE PROJECT: 83-23 - NEW HANOVER COUNTY ~ ~ V.hL_ . This Agreement made and entered into this the ~ day of ~ 19 ~~ , by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. an Agency of the State of North Carolina (hereinafter referred to as "Department") and NEW HANOVER COUNTY (hereinafter referred to as "Sponsor"). WIT N E SSE T H - - - - - - _.- -- WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department, subject to the limitations and conditions stated therein, to provide State Aid in the form of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and other publicly-owned or ,pub1.icly-controlled airport ~ac;.lities. and to authorize related programs of aviation safety, education, promotion and long-range planning; and WHEREAS, the Sponsor has made a formal application dated the 4th day of April , 1984 , to the Department for State Financial Aid for the New Hanover County Airport; and WHEREAS, a grant in the amount of $ 28,400 has been approved subject to the conditions and limitations herein; and WHEREAS, the grant of State Airport Aid funds will be used for the following approved Project: "Obstruction removal (Runway 34 clear zone and approach system Ilight area). ..--- - DOA FORM 2/84 ..)' NOW THEREFORE, the Sponsor and the Department do mutually hereby agree as follows: 1) That the Sponsor shall promptly undertake the Project and complete all wOlrkon the Project prior to the 1st day of Janllary , 19 86 un2ess a written extension of time is granted by the Department. !! 2) Work performed under this Agreement shall conform to the approved project description. Any amendments to, or modification of, the scope and terms of this Agreement shall be in the form.of a Supplemental Agreement mutually executed by the SpOlnsorand the Department, except that an extension of time may be granted by the Department by written notice to the Sponsor. 3) If for any cause, the Sponsor shall fail to fulfill his obligation under thi.s .1\.greement in a timely and proper manner, or if the Sponsor violates any of the covenants, agreements, or stipulations of this Agreement, the Department shall have the right to terminate this Agreeme,nt by giving written notice to the Sponsor of such termination at least fifteen (15) days prior to the date of termination. In che event,of the termination of this Agreement, the Sponsor shall receive compensation equal to fifty percent (50%) of the non-federal share of any work found acceptable by the 'Department which was completed prior to the date of termination of this Agreement. 4) Attached hereto and made part of this Agreement are Attachments A. lB. C. D.& E which contain special conditions- for the conduct of the iproject: and such special conditions shall be binding upon the' Sponsor and the Department. 1OOA, 'FORM 2/84 Page 2 of 6 -,' IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS GRMilT AGREEMENT THE .)' DAY AND YEAR FIRST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ATTEST: ~ BY: Secretary of Transportation SPONSOR: Official Agency: ~ ~ ~- Signed:~~~. / Attest: __' ~ ~ ~ ./ - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATE OF NORTH CAROLINA, COUNTY OF ~ ~ r, ~ 97L,~ and State aforesaid, do hereby certify that - - - - - - - - - ~ , a Notary Public in and for ;f~ G. ~ C~ (Title) ofthe(Sp~~ .~ as, "Sponsor") and by authority duly given and as an act of the County personally came before this day and acknowledged that he is (hereinafter referred to instrument was signed by him, attested by ~5 Name and Title) ! of the Sponsor, and the seal of the Sponsor affixed thereto. WITNESS my hand and Notarial Seal, this the & -t:;t day of 19 <6'1. My Commission Expires Oct. 13. 1986 '}."" My Commission Expires: Page 3 of 6 RESOLUTION -> 'J. (), v/? A motion was made bY"~ ;J/~ 0. '0"'~ and (Name and Title) , /J '. Q --- ~~Ad./~. / seconded bY~J~ ~..-~ /Xf1-. for the adoption of the following Resolution, and upon being put to a vote was duly accepted: = WHEREAS, a grant in the amount of $ c:J if; ?tOe) has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE ~ (Title) of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this grant agreement or any mutually agreed upon modification thereof. "- -'.~- - - - - '- - - - - - - .- - - - - - - - - - - - - - - - - - - .- - - - - - I,(X~V~~,~ ~~~ / (Sponsor) r is a true and of the correct copy of an excerpt from the minutes of the do hereby certify that the above -4w~ (Sponsor) DOA FORM 2/84 ~ ff.uu.- , 19 i'l . .J rhe offical seal of the Sponsor yJw ;f~ ~ day of p~ . 19!Y . Signed: ~~ Ti tle : Of The: ~~- ~ - '7 of of a meeting duly and regularly held on Page 4 of 6 FINANCIAL OFFICER'S CERTIFICATION ~. Provision for the payment of monies which shall fall due under this agreement or any amendment thereto has been made by appropriation duly <;::, authorized, as required by the local government Budget and Fiscal Control Act. By: Title: (Finance Officer as defined in Part 3, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) STATE OF NORTH CAROLINA, COUNTY OF I, , a Notary Public in and for the' County and State aforesaid, do hereby certify that' personally came before me this day and acknowledged that he is the (Finance Officer as defined in Part 3, Article 3, Subchapter III of and that by authority duly given as an act of said the foregoing certificate was signed by said Finance (Sponsor) Officer and the Seal of affixed. (Sponsor) Witness my hand and Notarial Seal, this the day of 19 (Notary Public (Signature) My Commission Expires SEAL '',., ,; DOA Form 2/84 Page 5 of 6 ... AIRPORT ATTORNEY f S CERTIFICATION I, acting as attorney for (hereinafter referred to, as (lfSponsorlf) do hereby certify that said Sponsor has the authority and power to enter into the attached State Aid to Airports Grant Agreement with the North Carolina Department of Transportation. I further certify that said Sponsor has complied with al~ the necessary legal requirements prior to and including authorizing to enter into said Grant Agreement (Title of Spons~r's Representative) on its behalf and that said Grant Agreement is legally binding. Signed: Typed Name: DCA Form 8-82 Page 6 of 6 'Al'TACHMENT A \~. . SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION ,).. 1. The Sponsor shall comply with all requirements of Section .0200 and .0300, Subchapter 5B, and Section .0100, Subchapter 6C, of the North Carolina Administrative Code, Title 19A, as contained in the "Project Administration Procedures" transmitted with the notification of inclusion of the Project in the Transportation Improvement ~ Program. 2 The Sponsor shall submit draft plans and specifications, or an approved alternate, for the Project for review by the Depart~nt prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting "Project Concurrence" to undertake the Project. 3. Following bid opening or final contract negotiation, the Sponsor shall submit the ftProject Concurrence" request along with all 'bid tabulations to the Department for renew. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractors within ten (10) days of receipt. 4. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of non-collusion to the Sponsor. 5. The Sponsor shall not commence construction or award construction contracts on ,.. the ,project until a written "Project Concurrence" is co-signed by' the Sponsor's Representative and the Dep~rtment. ~,," :;"'~v.-". ". ',;'~" DCA FORM 8-82 ATTACHMENT A ?age 1 of 2 v y. "'0 ~~ "~ , ~-l . ~ Q' ~<' o~ <'.Q~ ~~ :Q.a: ~ ~ ~~ V<, <' :00 <' ~ ~~ ~.a: ~~ X~ ;r~ o~ ~ <'~~ ~.<> .a:-i, ~~ X~ ~o 'V./ <'<, .<>./ t. ~ .<> <'l .<> ^- ~\S' ~Q' o~~ Yo~ ~ ~ ~ ~ <'0 ~<' , <'" <'.Q. <' X~ ~ ~ <$~ X<, <'~~ <>~ <$I <$1<, V" ~<$I <'" Xo ~ ~{'\.. ~ ~\S' ~ v~ <'<$I ~ <' ~<' ~" ~~ ~ "0 ~~ ~\S' ~ V-I(" .a:.r. <$I~ <' ~X ~.J V(' ~ ~ ~<' 9/ ~~ 0<,,- ~<' ~ ~ ~ \S' <"-Q'./ ;"..- .a:X~,' ,,~ X~ \S'IS' X(' ~<' JtIO ~ ~.Q. ,~ ~ <>~ ~~ ~<$/' ~~ ~{'\.. ~ Q<, v~ G>~ ~ ~<' ""<, o~ ~ ~ <'.Q. <'~. <' ~ 'v~ Q~ '<>v <' <>~ ~o &~ ~~ .a:~, <' :c'{'\.. 0 v~ <" ~o ~<' <$I ~ . ~ <$1-1 ,,(' ('~ ('0 ~<' ~ ~ :t~ <' ('~ Xo ~ 0<", ,;" "0 "'" "IS' ~ \S'~ ~Q; ~~ ~<"- <' "V' .,./ Q~ ./0. "'"'b.. ('0 ~9: v~ ~./. <<r~ ~ ~~ , " ~Q' ~<' if'~~ ~./o. IS' <'.r. ~ <0 ~.a: ~(' "'" . <' <'.Q. .A ~~ ~ 'oQ~ ~<' <'0 ~ IS' ~Q: :00 <'.Q V(' ~~ ~ <' 0<,,- 0<", "<, oS' <'0 ~ ('0 ~<' ~('<"- Qo Q'(' ~o ~<' <'0 <"-of ~ <'IS' ~ vo '" o ,~<"- IS'~ <~h .,<,,- <0 ?~ .Q. ~ ~ ~~ . .,~ "" ~~ Q' <' ~ <' <" .0 ;~ IS' 3- ~ '..;(.' ~.IS'.r. XIS' ;~~ ~. <'.' 'Q ~"" '. IS'v ~ ' :~, f~ ~~.~l1jro~32- . ;.~, ,. AN ORDINANCE GRANTING A FRANCHISE TO COMPREHENSIVE HOME HEALTH CARE ,I, INC., TO PROVIDE SCHEDULED NON-EMERGENCY AMBULANCE SERVICE (CATEGORY II) WITHIN NEW HANOVER COUNTY AND SCHEDULED NON-EMERGENCY (CATEGORY II) AND SCHEDULED EMERGENCY (CATEGORY I) SERVICE ORIGINATING WITHIN NEW HANOVER COUNTY WITH AN OUT~OF:COUNTY DESTINATION THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA, DOES ORDAIN: Section I. Grant. Subject to the terms and conditions of the New Hanover County Ambulance Service Ordinance and the other terms and conditions of this ordinance, Comprehensive Home Heal th Care I, Inc., its successor s and ass igns, is hereby granted, from and after the effective date hereof, the right, pr i vi lege and f r anchi se to provide Scheduled Non-Emergency Ambulance Service (Category II) within New Hanover County and Scheduled Non-Emergency (Category II) and Scheduled Emergency (Category I) Ambulance Service originating within New Hanover County with an out-of-county destination, for the purpose of providing adequate ambulance service, of these types, to the citizens of New Hanover County; all sUbject to present and future ordinances of the County relating thereto. Section II. Term. This franchise is granted for, the ,term of five (S) years from and after the, effective date hereof; provided that either party, at its option, may terminate the franrihiseupon sixty (60) days' written notice to the other party. ',L> h Section III. Territory. This franchise shall apply to all of New Hanover County. Section IV. Renewal. This franchise is renewable at . the option of the Board of Commissioners of New Hanover County. Section V. Non-Exclusive. The right herein granted shall be non-exclusive, and New Hanover County reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section VI. Standards. ------ The standards for this franchised ambulance service, its drivers and attendants, its vehicles and equipment, and its communications facilities shall, at all times during the term of this franchise or any extension hereof, comply with all of the laws and requirements of the State of No~th Carolina and the requirements of the New Hanover County Ambulance Service Ordinance, all of the terms and conditions of which are herein incorporated by reference and made a part hereof, th~ ~ame as if fully set forth. Section VII. Insurance. The grantee herein shall, at all times during the term of this franchise and any extension thereof, maintain in full force and effect insurance coverage, issued by an insurance company licensed to do business in the State of North Carolina, sufficient to provide a~l the insurance necessary to meet the requirements of Section 6-28 of the New Hanover County Ambulance Service Ordinance. Section VIII. Records. Grantee shall keep and maintain all of the records required of the, grantee by the New 2 / {.. ,/ Hanover County Ambulance Service Ordinance and to permit the County to inspect grantee's records, premises and equipment at any time in order to ensure .compliance with the New Hanover County Ambulance Service Ordinance. Section IX. Rates and Charges. Grantee shall submit a schedule of rates to New Hanover County for approval and shall not charge more than the approved rates without specific approval by New Hanover County. Section X. Acceptance of Franchise. This franchise and the right, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, provided that within thirty (30) days after the date of the final passage of this ordinance, the grantee shall file with the Clerk to the Board of Commissioners its ,unconditional acceptance of this franchise and promise to comply 'wi th and abide by all of its provisions, t~rms and conditions, and said acceptance to be in writing and in the form and executed in the manner as provided in this franchise. Section XI. Grantee's Representation and Covenants. The acceptance of this franchise ordinance by Comprehensive Home Health Care I,' Inc., shall constitute representations and covenants by it that: ;' a. It accepts, an(tagr:~es to all the pI:ovisions of this ordinance and those instruments and documents incorporated herein by reference; 3 / - '4 " , b. It has examined all of the provisions of this and the New Hanover County Ambulance Service Ordinance and waives any claim that any provisions hereof are unreasonable, arbitrary o~ void~ c. It recognizes the right of New Hanover County to make reasonable amendments to the franchise ordinance or franchise agreement during the term of the franchise, provided that no such change shall compromise the ability of Comprehensi ve Home Heal th Care I, Inc., to perform satis- factorily its obligations or right under this ordinance. It further recognizes and agrees that Ne~ Hanover County shall / in no way be bound to renew the franchise at the end of the franchise term~ d. It acknowledges that its rights hereunder are subject to the police power of New Hanover County to adopt and enforce general ordinances necessary to the safety and welfare of the ptiblic, and it ~grees to comply with all applicable general laws enacted by New Hanover County pursuant to such power. Section XII. Effective Date. This ordinance shall be in full force and effect from and after its final aQoption by the Board of Commissioners of New Hanover County, North Carolina. ADOPTED by first and second readings and passage at r~gttlarmeetin9s of the Board ofMCom~issioners of New Hanover County on March 26, 1984, and April 2, 19a4~ and FRANCHISE FINALLY GRANTED to Comprehensive Home Health Care I, Inc., successor to Comprehensive Home Health Care, Inc., at a 4 - the Board of Commissioners of New Hanover ?~d--" , 1984. BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA t.... ; regular meeting of County [ CORPO Attest: \, BY:~_e.~ Chairman ' ~~ THIS FRANCHISE is hereby accepted, this ~ day of , 1984. [CORPORATE SEAL] / At test': f/lJ[fJff.L q, .;jf)j;j J:5 ,I]: , Se retary NORTH CAROLINA NEW HANOVER COUNTY COMPREHENSIVE HOME HEALTH CARE I, INC. By~ ~t or I, , 'a Notary Public of the State and y that Lucie F. Smith personally came before me t is day an acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and tha~ by authority duly ~iven and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, Karen E. Gottovi, sealed with its corporate seal and attested by herself as its Clerk. / 5 - 7J ,~ r nITNESS my hand and official seal, this , 1984. tGft day of Myt.6~~fa~ ~rel'6B~ffiWe NORTH CAROLINA NEW HANOVER COUNTY I, a~ td . ~~ , 9:1 Notary Public of the State and County aforesaid, certify that ~ -"" n ,I~ personally came before me th1s day and acknowledged that (s)he is secretary of Comprehensive Home Health Care I, Inc., a North Carolina corporation with an office in New Hanover County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its president, sealed with its corporate seal and attested by him/herself as its secretary. C)~ WITNESS my hand and official seal, this , 1984. 4-tL day of Q~)4d.J~ Notary Public " My commission e~ires: , " - J-lv ~ g If ~~",'fP,"""'#,#. $'~.\\.~t. H. ;::~~'~#. ~ ':'-,v h <:t. .:- ~ (? 'OJ! $'C:S t>.\()lARY 'It \ :: ~ \' : : -, c =1 \ 7t' PUBL\~ I~)j. \ L .... .... ~ "- '7' ""-, "..... -<, ~ ~ ~; ....- ~,?> .....' "" 410VER CO ",'" "" ,...,,,, ""ilnn"" ~/ 6 , ... !P }-- !.'" ff-i;M ~xt)~32- FRED RETCHIN p, O. BOX 2083 WILMINGTON. NORTH CARQLlNA ,28401 JUNE 4, 1984....PAGE 1 WITH THE EXCEPTION OF THE PROFESSIONAL STAFF AND THE COUNTY COMMISSIONERS, I THINK THAT I CAN SAFELY SAY THAT I HAVE SPENT MORE TIME REVIEWING AND EXAMINING THIS PROPOSED BUDGET 'THAN ANYONE ELSE. I HAVE ATTENDED THE HEARINGS AND HAD CONFERENCES WITH THE STAFF AND I AM MOST GRATEFUL FOR THE TJME THEY HAVE SPENT. DURING THAT PROCESS~ THERE WERE TIMES WHEN I WAS FRUSTRATED BY THE LACK OF OPPORTUNITY TO MAKE A STATEMENT OR A POINT. AT THIS STAGE OF THE PROCESS, THERE IS PROBABLY LITTLE THAT I COULD DO OR SAY WHICH WILL HAVE AN INFLUENCE, BUT I DO APPRECIATE THIS OPPORTUNITY TO MAKE A STATEMENT. I AM DISTRESSED THAT THE SIZE OF THE NEW HANOVER COUNTY BUDGET OVER THE PAST TWO YEARS HAS GROWN FROM 37~ MILLION TO 44~ MILLION DOLLARS....THAT'S AN ,INCREASE OF NEARLY 20%. OUR PAYROLL, WHICH REPRESENTS ABOUT 25% OF OUR OVERALL BUDGET HAS ACCOUNTED FOR MORE THAN HALF OF THE INCREASE THIS YEAR....THIS IS A COMBINED RESULT OF BOTH PAY RAISES FOR CURRENT PERSONNEL AS WELL AS INCREASES IN THE NUMBERS ON OUR PAYROLL....THESE FACTORS ACCOUNT FOR MORE THAN ONE MILLION DOLLARS EACH.... ONE MILLION DOLLARS IN PAY RAISES....AND ONE MILLION DOLLARS IN INCREASED PERSONNEL. ....1 AM CITING THESE FIGURES WITH THE HOPE AND DESIRE THAT EVERYONE HERE UNDERSTANDS THAT THESE COSTS CANNOT CONTINUE TO ESCALATE WITHOUT PROPER JUSTIFICATION. I AM VERY MUCH AWARE OF THE FACT THAT NEW HANOVER COUNTY HAS BEEN VERY PROGRESSIVE IN THE PAST FEW YEARS IN ITS NEED TO PROVIDE UPGRADED SERVICES TO OUR CITIZENS WHICH INCLUDE A PROTECTED LANDFILL, WASTE INCINERATOR, AND THE PLANNED COUNTY-WIDE SEWER SYSTEM...AND THESE WERE PLANNED SO THAT THEY WOULD BE LARGELY SELF SUPPORTING WITHOUT LOCAL TAX REVENUES...WELL CONCEIVED PLANS WHICH WILL IMPROVE OUR ENVIRONMENT AND BE AN ASSET FOR OUR COMMUNITY. THEY DO INCREASE THE SIZE OF THE BUDGET, HOWEVER, AND NEED CAREFUL AND CONTINUOUS SCRUTINY OF THEIR INCOME/COST RELATIONSHIPS. fJ. ~ ,'fit .... " FRED REJCHIN p, 0, BOX 2083 JUNE 4, 1984....PAGE 2 THERE ARE TWO MAJOR AREAS OF OUR BUDGET WHICH ACCOUNT FOR NEARLY ONE-HALF OF THE COUNTY PERSONNEL COSTS AND WHICH I UNDERSTAND A MAJORITY ARE MANDATED BY STATE AND FEDERAL PROGRAMS.. ..THESE ARE THE SOCIAL SERVICES AND HEALTH DEPARTMENTS.... THEIR PERSONNEL COSTS ARE ACCEPTED BY US WITH LITTLE OR NO ACCOUNTABILITY TO THE COUNTY. IF NEW HANOVER COUNTY IS TO CONTINUE TO APPROVE AND ADMINISTER THESE COSTS, I BELIEVE THE TIME HAS COME TO ESTABLISH A MECHANISM OF JUSTIFICATION AND ACCOUNTABILITY TO THE CITIZENS OF NEW HANOVER COUNTY. I WOULD SUGGEST THAT THE PROFESSIONAL STAFF AND THE BOARD OF COMMISSIONERS BE CHARGED WITH THE RESPONSIBILITY OF ESTABLISHING SUCH A PROGRAM OF ACCOUNTABILITY WITH THESE AND OTHER AGENCIES WHICH REQUIRE HELP FROM THE COUNTY.....THIS SHOULD INCLUDE AN IN-DEPTH REVIEW OF PERSONNEL REQUIREMENTS WHICH ARE GENERALLY A MAJOR PORTION OF ANY AGENCY BUDGET. WE COULD AND SHOULD CARRY THIS A STEP FURTHER BY DEVELOPING AN EVALUATION SYSTEM FOR ALL OF THE DEPARTMENTS IN THE COUNTY TO MEASURE EMPLOYEE PRODUCTIVITY, BUSINESSES CANNOT SURVIVE WITHOUT BALANCING INCREASED COSTS WITH INCREASES IN PRODUCTIVITY. OUR GOVERNMENT MUST PROVIDE SERVICES TO ITS CITIZENS AT THE LOWEST POSSIBLE COST AND THAT MEANS BALANCING THOSE COSTS AGAINST PRODUCTIVITY. WILMINGTON, NORTH CAROLINA ,28401 AN EVALUATION SYSTEM OF PRODUCTIVITY OF OUR COUNTY PERSONNEL WILL NOT BE SIMPLE TO DESIGN....BUT I AM CONVINCED OF THE NEED IN ORDER TO CONTROL THE EVER INCREASING COSTS OF OUR GOVERNMENT... .AND IN DISCUSSIONS WHICH I HAVE HAD WITH OUR PROFESSIONAL STAFF, I AM EQUALLY CONVINCED THAT SUCH A SYSTEM CAN BE ACCOMPLISHED WITH TIME AND COMMITMENT IF WE CLEARLY DEFINE THE OBJECTIVES OF EACH DEPARTMENT ON A CONTINUING mSIS. I RESPECTFULLY REQUEST THAT THIS TYPE OF ACTION BE MADE A PART OF THE AGENDA FOR NEW ~NOVER COUNTY FOR THE 1984-1985 FISCAL YEAR AND FURTHER REQUEST THAT THESE REMARKS BE INCLUDED AS PART OF THE MINUTES OF THIS MEETING. ~ BootJ:f .~, 33 J ~, '" " RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS Masonboro Island has significant value as a scientific and educational laboratory for the University of North Carolina at Wilmington, the North Carolina Marine Res- ource Center and other educational institutions; and WHEREAS Masonboro Island is dynamically unstable due to inlet migration and long-term erosion, which would prevent the establishment of permanent communities; and WHEREAS Masonboro Island is unique on the North Car- olina coast as a virtually untouched barrier island located by a major urban area; and WHEREAS the boundaries of Masonboro Island encompass sufficient land and water areas to approximate an ecological unit, and to ensure conservation; and WHEREAS Masonboro Island includes economically and scientifically valuable primary shellfish and finfish nursery grounds; and v.JHEREAS Masonboro Island is classified "Conservation" In the County Land Use Plan because of its environmental, scien- tific and recreational values; and WHEREAS the provision of pufulic services on undeveloped barrier islands would conflict with the County's Policies for Growth and Development, and would be prohibitively expensive -' .:, when compared with service costs In other areas of the County; and WHEREAS the preservation of Masonboro Island would be in harmony with the principles of the National Estuarine Sanc- tuary Program; and WHEREAS the State of North Carolina and New Hanover County have recognized a cooperative interest in the protection of the Island and its publicly+controlled use for passive rec- reational activities; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The State of North Carolina is respectfully request- ed to appropriate the sum of one hundred thousand dollars ($100,000) to the Department of Natural Resources and Community Development to be used to pay for surveys, appraisals, acquisition fees, and other costs necessary to fully acquire Masonboro Island as an estuarine sanctuary. 2. The State of North Carolina is respectfully request- ed to reaffirm its commitment to the designation and acquisition its to reaffirm of resources for such day of June, 1984. A /z;rl/L' Board of County Commissioners ATTEST: cL\/J:{~ '-- Clerk f'~f' W ,tA: B~ Xl' ~~. $<; J ' AN ACT TO APPROPRIATE FUNDS AND TAKE FURTHER ACTIONS TO ASSIST IN THE PROTECTION OF MASONBORO ISLAND, NEW HANO- VER COUNTY, NORTH CAROLINA The General Assembly of North Carolina enacts: Section 1. Appropriation. There is appropriated from the General Fund to the Department of Natural Resources and Community Development the sum of one hundred thousand dollars ($100,000) to be used to pay for surveY9, appraisals, acquis- ition fees, and other costs necessary to fully acquire Mason- boro Island in New Hanover County as an estuarine sanctuary. Section 2. The General Assembly authorizes the Depart- ment of Natural Resources and Community Development to take any other actions, including actions required as conditions by the United States Government, to secure the designation and acquisition of Masonboro Island as an estuarine sanctuary. ~ection 3. This act is effective upon ratification. In the General Assembly read three times and ratified, this the" day of , 1984. , ' , "'~/.i ~';:';"",;, :/- .:.;:'~. . James C. Green, President of the Senate Liston B. Ramsey, Speaker of the House ),.~ _I ",,"' " \' ?fI>: ~~XT ~, PJ' ~~ ~ A' BILL TO BE ENTITLED AN ACT TO ADD FLOATING STRUCTURES TO THE PERSONAL PROPERTY REQUIRED TO BE REPORTED IN AID OF TAX LISTING BY MARINA OPERATORS The General Assembly of North Carolina enacts: Section 1. G.S. lOS-3l6(a)(2) is amended to read as follows: .11(2) Every operator of a marina or comparable facility renting or leasing space for three or more boats or floating structures shall furnish to the tax supervisor of the county in which the marina or comparable facility is located the name of the owner of and a description of each Qoat, floating home or floating structure of any type or design, for which space is rented or leased." Section 2. This act applies to New Hanover County only. Section.3. This act 1S effecti ve upon ratification. In the General Assembly read three times and ratified, this the t:;bj day of :f~ , 19 Ii,!. ,...