1980-09-26&29 RM Exhibits
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RESOLUTION (GRANT AGREEMENT)
EXTRACT FROM THE MINUTES OF A Special
}lliETING OF THE New Hanover Countv Commissioners
HELD ON September 26.
1980
The following Resolution was introduced by Comm. Howard L. .Armistead, Jr..
seconded by Corom. Karen E. Gottovi
read in full, considered and
adopted:
RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFXING
THE EXECUTION OF GRANT AGREEMENT FOR PROJECT NO.h-]7-0084:07
BETWEEN
THE UNITED STATES OF AMERICA A~TJ) the County of New Hanover I North Carolina
BE IT RESOLVED, by the. BO81" dof Commi ssi onp.l'..C: of the..-.Cnlmty of New
Hanover'
SECTION 1. That said Board of Commissioners
hereby authorizes,
adopts, approves, accepts and ratifies the execution of Grant Agreement
beDveen the Federal Aviation Administration on behalf of the United States
of America and . the County of New Hanover
SECTION 2~ That the execution of said Grant Agreement in quadruplicate
on behalf of said .Board of Commissioners
by Ellen C. Williams
Chairman
and the impression of the official seal of the r.01mt.y nf' Ne~ He1J.mr..er_
(If there is no seal, so state.)
and the attestation of said execution by Alyce B. Rusmisell
County Clerk
is hereby authorized, adopted, approved,
accepted and ratified.
SECTION 3. That the is hereby authoriz~d
(Title of Position, Airport ,
Manager, City Manager, etc.)
to execute payment requests under this Grant Agreement on behalf of said
Board of Commissioners
SECTION 4. That the Grant Agreement referred to hereinabove shall
be attached hereto and made a part of this Resolution as though it were
fully copied herein.
SO FO~l 5100-18 (10/75) (Supersedes previous edition)
"7.
.. .
Page I of 4 pages
.J
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMEN7f
Part I-Offer
Date of Offer
New Hanover COQnty
Wilmington, North Carolina
Project No. 6-37-0084-07
Contract No. DTFA06::80-A-80l5l
Airport
TO:
County of New Hanover, North GRrolina
(herein referred to as the "Sponsor)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
..
WHEREAS, the Sponsor has submitted to the FAA a Project i\pplication dated September 16, 1980
, for a grant of Federal funds for a project for develop-
ment of the New Hanover County Airport (herein called
the "Airport H), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and .
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
Acquire land for approach and transitional areas (Property interest
satisfactory to the administrator in Tracts 16-1 through 16-10, 2J-l
through 2J-5 and 34-l)j approach and transitional clearing.
,
all as more particularly described in the property map and pbns and specifications incorporated in
the said Project Application;
FAA FORM 51UO-13 PG. 1 (IU-1I1 SUPERseDES FAA FORM 1632 PG. 1
PAGE 1
Page 2 of 4 pages
NOW TIIEREFORE, pursuant to and for the purpose of carrying out the provisions or the Airport
and Airway Development Act of 1970, as amended (4CJ U .S.c. ] 70 I), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained ill said
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the hcndits
to accrue to the United States and the public from the accolllplishment of the Project alld th~~
operation and maintenance of the Airport as herein proviued. THE r-EDERA L A VIA 1'1 O~.,J AD.
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFEI~S AND
AGREES to pay, as the United States share of the allowable costs inclIrred in accolllplishillg tile
Project, ninety percent (90%) from funds appropriated under the Airport and Airway
Development Act of 1970.
This Offer is made on and subject to the following terms and conditions:
I. The maximuJIl obligation of the United Stales payable under this Offer shall be
$388,661
(a) begin accomplishment of the Project within ninety days
after acceptance of this Orfer or such longer tillle as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations l)f the
United States herellnder by the FAA;
(b) carry out anl! ClllllpldC the Project withollt undue deby and in accord:lIlce with tile
terms hereof, the Airport and Airway Developrll<.:nt Act of I ()70, and Sections Fj:~.51-
15:2.6J of the Regulations of the Federal ^\'i~ltion Administration (14 CFR 152) in
effect as of the uale of acceptance of this Oller; which Regul3tions arc hereinafter
referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as tllcy may be revised or modified "'lith the
approval of the h\A.
.. r
3. The allowable costs of the rmject shall Iwt include any costs determined by the F 1\/\ tt)'
be ineligible for consideratiun as to allowability under Section ]:;2A7 (I)) of the RegulJ-
tions.
4. Payment of the United States share of the allo\vablc project costs will be made pursuant
to and in accordance with the provisions of Sectiolls 1:>:2.65 - ]52.71 of the Regul:ttiollS.
Final determination as to the allowability of the costs of the project will be made at the
tilllC of the final grant paYlllcnt pursuant to Section 1:):2.71 of the Regulations: rr~_'v'j~.9..Q,
that, in the event 3 scmi-final grant payment is made pursuant to Section 152.7i of the
Regulations, final determination as to the allowahility of those costs to which such semi-
fin:.i1 pJ)'ment relates will bc maul' at the time of sllch semi-final payment.
F^^ FORM 5100-13 pc,. 2 (7-72) i 5UPEr{~EDE:S PREVIOUS EDITION
PAGE Z
~I
Page 3 of 4 Pages
56 The sponsor shall operate and maintain the airport as provided in the project
application incorporated herein and specifically covenants and agrees, in
ar.cordance with its Assurance 20 in Part V of said application for federal
assistance (for construction programs), that in its operation and the operation
of all facilities thereof, neither it n~r any person or organization occupying
space or facilities thereon will discriminate against any person or class
of persons by reason of race, color, creed or national origin in the use of
any of the facilities provided for the public on the airport.
. I
6. The FAA reserves the right to amend or withdra~ this offer at any time prior
to its acceptance by the sponsor.
7. This offer shall expire and the United States shall not be obligated to pay
any part of the costs of the project unless this offer has been accepted by
the sponsor on or before September JO, 1980 or such subsequent date as
may be prescribed in writing by the FAA.
8. The sponsor hereby agrees that it will incorporate or cause to be i.ncorporated
into any contract for construction work, or modification thereof, as defined
in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is
paid for in whole or in part ,nth funds obtained from the federal government
or borrowed on the credit of the federal government pursuant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, the
following Equal Opportunity clause.
During the performance of this contract, the contractor agrees as follows:
(1)
(2)
(3)
~
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during emplo~nent without
regard to their race, color, sex or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination, rates of. payor other forms of compensation; and selec-
tion for tra~ning, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified ap-
plicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided advising the said labor union
or workers' representatives of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
.' Page 3<1 0 f LI Pages
'::0
(4) The contractor will comply with all provisions of Executive Order
11246 of 24 September 1965 .and the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish aIr-information and reports required
by Executive Order ll246 of 24 September 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with sucl1 rules, regulati.ons, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations
or orders, this contract may be cancelled, terminated or suspended
in whole or in part and the contractor may be declared ineligible for
further government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive btder l1246 of
24 September 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order ]1246 of 24 September 1965,
or by rule, regulation or order of the Secretary of Labor, or as other-
wise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the proyisiol:S of paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of 24 September 1965, so that
such provisions will be binding upon eael: subcontractor or vendor.
TIle contractor will take such action \.Jith respect to any subcontract
or purchase order as the administering 2t~ency may direct as a means
of enforcing such provisionsr including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved
in, or is threatened with litigation with a subcontractor or vendor
as a result of such direction by the administering agency, the contractor
may request the United States to enter into such litigation to protect
the interests of the United States.
TI1e sponsor further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
feder~}ly assisted construction work: Provided, that if the applicant so parti-
cipating is a state or local government, the above equal opportunity clause
is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
The sponsor agrees that it will assist and cooperate actively with the administer-
ing agency and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor that it will furnish the administer-
ing agency with the Secretary of Labor such information as they may require
" .
,
Pagl' 'Ill of II f'nl',es
for the supervision of such compliance, and tklt it: will otherwlse assl.st
the administering ar.,ency in the discll.,rge of t lie ,15'rncy'~; primar.y responsi.-
bility for securinf, compliance.
The sponsor further agrees that it ",,111 refrain from entering into a.ny contract
or contract modification subject to Executiw Order 11246 of 24 September
1965 with a contractor debarred [rom, or who !1:1;; not <1$sisted construction
contracts pursuant to the Executive Order al!ll ,.U 1 (',lrry out such sD-nctlons
and penal ties for viola tion of the equal oppc; r t 111111 y C LllIse [\s may be lmposed
upon contractors and !3ubcontractors by the ndlilil11st crInp, agency or. the Sec-
retary of Labor pursuant to Part III, Subpnrt C, of the Executive Order.
In addition, the sponsor agrees that if it [ails or refuses to comply with
these undertakings, the administering agency may t<1ke any or all of the follo\oJ-
ing actions: cancel, terminate or suspend in whole or in part this grant
(contract, loan, insurance, guarantee); refraIn from extending any further
assistance to the sponsor under the program 'v.'.f th respect to which the fn ilure
or refund occurred until satisfactory 8ssurorcc of future compliance has
been received from the sponsor; or refer tIle cnsp to the Department of Justice
for appropriate legal proceedings.
9. The sponsor's financial records of the project, e~;r.lbl.tshed, maintained,
and made available to personnel of the FAA i.n conformity to Sect:l.on 152.63
of the Regulations of the Federal Aviation Administration (l4 CFR 152) I.ill
also be available to representatives of the COT'lptroller General of the United
States.
10. It is understood and agreed that the term "project npplication" whereever
it appears in this ar,rcement or other documents constitllting a part of this
agreement shall be deemed to mean "appliCl1tion [or federal assistance (for
construction programs)."
"
\ .to
Page )c () f (, I'ili.:(~S
11. It is understood and agreed that no part of the federal share of an
airport development project for which il p'.;ll~ t i;.; made under the Airport
and Airway Development Act of 197D-,.. as amended (49 U.S.Co 1701 et seq.),
or under the Federal Airport Act, as amended (49 U.S.C.. 1101 et seq.),
shall be included in the rate base in establishing fees, rates, and
charges for users of the airport.
12. TIlls project and all work performed thcrc:tndcr is subject to the Clean
Air Ac t and the Federal Water Pollution Cont ral Ac t. Accordingly>>
(A) The sponsor hereby stipulates that any f~rility to be utilized
in performance under the grant or to l:cl1cfit from lhe grant is
not listed on the EPA list of violating [<lenities.
(B) The sponsor agrees to comply with nIl th0 requirements of Section
114 of the Clean Air Act and Section 303 of the. Federal Water Pol-
lution Control Act and all regulations issued thereunder.
(C) The sponsor shall notify the FAA of the receipt of any communication
from the ErA indicating that a facility to be utilized for perform-
ance of or benefit from the grant is under consideration to be listed
on the EPA list of violating facilities.
(D) The sponsor agrees that it will include, or cause to be included,
in any contract or subcontract under the grant which exceeds $100,000.
the criteria and requirements in these subparagrnphs.
13. Assurance Number 18 of Part V of the projec t application incorporated
herein is amended by including at the end of the second sentence the
following language:
pI'
"including the requirement that 'each air carrier, authorized to
engage directly in air transportation pursuant to Section 401 or
402 of the Federal Aviation Act of 1958, using the airport shall
be subject, -to nondiscriminatory and substantially comparable rates,
fees, rentals, and ~ther charges and nondiscriminatory conditions
as are applicable to all such air carriers which make similar use
of the airport and which utilize similar fncilitie~, subject to
reasonable classifications such as tenants or nontennnts, and com-
bines passenger and cargo flights or all cargo flights, and such
classification or status as tenant shall not be unreasonably with-
held by any sponsor provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers.
This provision shall not require the reformation of any lease or
other contract entered into by the sponsor before July 12, 1976."
'\,0
. . .. f' ..
~, , '\ ,'.
14. 3. The ~rnnl~c ilSSlln's th;IC It \Jill IlI11kTt,IKl' .1n IICflrm.Hlvc llnion
prf'lhram. l\~ r~qulrt.d by 14 eFR rarr 1">1. Su},p.Hl F., lv cn'\urc chilt Ill'
pl'r6Un _hAll. 00 the p.nlllOdl' oC fAt'(', ctl'l'ef, col<'f. nAt!oll.,l orlg1n, or
5CX, h~ t'xcludllld (n>m p.Hli\~tl'atlnl: In 11llV t'lT1plOym"llt, (ontr,lctln~. or
le4sin~ act1v1t1t'l:i COV,,(<:J in 14 n'R r/Hl I',?, SlIhpJrl E. ThE ~rantcE>
a~surej that no per~lln sh.lll blf cxt:ludl'd. on these Rround~ f.rOTll pc1rtI I i
," CIJ>:'ilII).:
In or receivinS the ~crvlce8 or hcnctllll of "nv rrt)Oram or activIty d
, ,,.. l cove rc
Ly th1a aubp"rt. Tille Etr~lntPI!' egAUrCIJ thilt it ....111 reqllire that its covercJ
orK."nhatl0CU provide ,lStlUr3nCl2 to th~ Krantr(. tklt thry I'ltl':'ltlarly will
undertake a(firm.ltlvl' ~I\.'llnll proRf.',",'f .,n<l lh.,t lllC'Y will Hqu/re "oJ
l .."S\lr,'nCI'~
frolll their 8uborgl\nhations, u r('qutr~d l'ly 14 (TR P.ut 152, Subpart E. t<l
the same ('ffcct.
b. Tho gfGAtM cqlroe' to cOBfly wlth /Any attirllLtttlve action pLtn or
Dl~pa for oqual ~loyaeDt opport~lty Ioqulroo by 14 CT~, Part 152
, t
Subpart E, AS part of tho .ffi.....'lv. action proKr"'" or by any Fad...I.
Stato, or local 33ency or court. including thvAa raoultine frca A
conc11iAtl~ aar~&Cont, A conG~nt doer.a, ~ourt ordor, or Diailer
mechnnisa. Tho Sfantco Aare~a that DtAtc Of lOCAl affirmative action
plan viii b. u.ad In 110u of any .fflnootlva .ctlon plan or .tOP' roqulrcd
by 14 en. parc 152, Subpart E. on Iy wh.., thoy fn l1y m..t tho .tondard.
F~t forth 1n 14 erR 152.409. Tho srAntQO ASfQ~d to obtoin G alai13r
aS6uranca fron its covered or~4nizat1on9, and to cauo. th~ft to r~qulr~ ~
a1.",11", ...uronee of their cnvorod ..,hor,.n 1 ,.t Ion., aa required by I'
rFR Part 152. Subpert IL
15.
Tilt' tl~)lmSlOr \Jl11 conduct 1to prOSrtlmll ard Opt-rate It~ f~ci11ticD in
;\l'cordance vi th lllercl1u1 rcuwntll of ~l'cC ion ')0', (If tile R~hllbil Ltat Inn
I\\t of 1973 (29 l'.S.C. 794) and w111 A'l!l\Ire- that no qU:ll1fi~d h.1ndl-
<.' I'I',d pe ,"on . loa 11, .01 c1 y by ,0,,"00 0 f h [, nr hor hond 1 ap bo exc I "de,j
from I'ortlclp,,'lon In, he denied ,h. btneflts nf, ,'r nthervl'. be
suhj.'oled to dbUlmln"tlon, [ndudln" dl.,,'c1mln.,tlon In .'mploy",enr.
under any prOj:'.fum Of J,'llvtly that [cc:e1\(>!f f\l!ld~ ('I[ hf'o('fits fror.\
chis r,rant. The !>I'On5pr (urther :ltl8Urc, thHt lts prol:r,,,\mi \/tll ~e
((\[1lluctt~d :lod its f:1cllltics Orf'r.)l~d, 1n ('pmp1iant'e wlth th.!
\("lllin'ments lmp0SI.t\ by or rur~lI,lllt to 4<} erR r;trt .l7.
"'"
.-. ~. ~
...,..\... ..:
. l6.
a. It is the policy of the Dcrartmcnt of Transportation
that minority business enterprises ns defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the perfor-
mance of contracts financed in whole or in part with Federal funds
under this agreement. Consequently the MBE requirements of 49
eFR Part 23 apply to this ~greetn{'n t <
--...
b. The sponsor or its cpntrActor agree:. to ensure that minority
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the perfonnance of contracts and
subcontracts financed in whole or in purl ",tth Federal funda
provided under this agreement. In this regard nll sponsors or
contractors shall take all necessary and reasonable steps in
accordance with 49 eFR Part 23 to ensure that minority business
enterprises have the maximum opportunity to compete for and perform
contracts. Sponsors and their contractors shall not discriminate
on the basis of race, color, national origin, or sex in the award
and performance of DOT-assisted contracts."
c. If as a condition of assistance the sponsor has submitted
and the Department has approved a minority business enterprise
affirmative action program which the sponsor agrees to carry out,
this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal
obligation Hnd failure to carry out its terms shall be treated 8S
a violation of this financial assistance agreement. Upon notifica-
tion to the sponsor of it6 failure to Ci1rry out the approved program
the Department shall impose such sunet lCr',S as noted in 49 CFR
Part 23, Subpart E, ~lich sanctions may include ter~in~tion of
the agreeoent or other measures that may affect the ability of the
s?onsor to obtain future DOT financial nssistante.
17. It is mutually understood and agreed t Ii,\ t the "reloca tion and Real
l'roperty Acquisition Assurancer; implencnt fog the Uniform Relocation
Assistance and Real Property Acquisitfon Policies Act of 1970"
dated }Aarch 6, 1980 ,is incorporated herein by reference and
made a part hereof as if set out in full.
18.
On all land acquired in fee in this project for the protection
of any of the imaginary surfaces surrounding the airport, sponsor
agrees not to permit the erection or creation of any permanent
structures on this land except as provided below; and furthers
to remove all existing structures on this land except for those
required for air navigation or specifically exempted from these
requirements by the Federal Aviation Administration. This
reMoval is to be accomplished by the sponsor regardless of
whether or not the structures constitute an obstruction to air
navigation.
~~
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-
alter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights or the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance, except as otherwise provided in sponsor's assurance No. 17,
Pert V, of the project application. UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
]Y.~~~1.-i~CE... ..
lkh~ B (TITLE)
Part II-Acceptance
The County of New Hanover, North Carolina does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
, .;:<~~ ~f/1/~' cPo
Executed thIS. . . . . . . . . .7. ' . . . . . . . day of . . . . . /trif':"':".r.., ,~. . . . . . ., 19......
'l \\,
, ) I", " 'i
,~, \ j }. I I j I.
'\" :' """" I"
'. \ ~ It,
. Co:unty, of. ,New. Hanover. . . . . . . . . . . . . . . . . .
(Name of Sponsor)
By ..~~...~.:.Y~~~...
Title ...t~~,~..r!I~~~
,(SEAL)
. . \'
5 I.: . '<:.': -:
/', . ///)~. ....., ~..--2? _ /J /- . _ / ,4
Attest. ..U-.. ,.,..,..p../1...'~~
,\".',..,.~,' - V' U
/,.,~ '
. ,'/- \ U--<-
Title:. . . .:. J;-p.14. .............. . . . - . . ..
CERTIFICATE OF SPONSOR'S ATTORNEY
I, . .~(I-<r1~. . .f!: . 2"7. . . .. , acting as Attorney for . :tA~ . C9Mi1Y. 9f. .N~~ .IIMQV~;r. . . . ,
, (J.1erein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of.. North. Carolina . . . . . . . . . . . . . . ,and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at . . ..li.~.n<,~.,.,)l.e. .this. ...,?13ft:-day of..... .. ~ 19.<f:o.
. !d~~T.r7........".".
T,(j.~.....~...~......
FAA FORM 5100-13 PG 4(10'71) SUPERSEDES FAA FORM 1632 PG 4
PAGE 4