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1974-06-24 SpM Exhibits oF_~rc4~i' c d,ay . • Page l of 4 pages v. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer Date of Offer New Hanover County Airport Wilmington, North Carolina Project No. 8-37-0084-01 Contract No. DOT-FA-74-SO-8706 TO: New Hanover County, North Carolina (herein referred to as the "Sponsor') FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 1, 1974 , for a grant of Federal funds for a project for develop- ment of the New Hanover County Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Acquire land, clear zones and approach and transitional areas (75.01 acres in Parcels C, D, E, and F; all property interests satisfactory to the Administrator); install security (10,800 l.f.) and safety (25,800 l.f.) fencing; install medium intensity taxiway lighting for TW B, TW C, TW D, TW F, apron TW, and connecting TW; install lighted wind cone; approach and line-of-sight clearing; acquire fire and crash rescue equipment (one quick response vehicle and related incidental equipment); all as more particularly described in the property map and plans and specifications incorporated `in the said Project Application; FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG. I PAGE I r • Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, seventy-five percent (75%) from funds appropriated under the Airport and Airway Development Act as amended except for the fire and crash rescue equipment and its related incidental equipment which are eligible at eighty-two percent (82%). This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $ 24J,676 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 - 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 17-72) SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or 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. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the 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 June 28, 1974 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 incorporated 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 with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, ioan, insurance, or guarantee, the following Equal Opportunity clause. During the performance of this contract, the contractor agrees as follows; (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment 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 pay or other forms of compensation; and selection for training, 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. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) 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. FAA Form 5100-13 • • Page 3a of 4 pages (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 all information and reports required by Executive Order 11246 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 such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination 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 Order 11246 of 24 September 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of 24 September 1965, or by rule, tegulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the rrovisions 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 each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating 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 FAA Form 5100-13 Page 3b of 4 pages for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The sponsor further agrees that it will refrain from entering into any contract or contract modification, subject to Executive Order 11246 of 24 September 1965, with a contractor debarred from, or who has not demon- strated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part III, Sub- part D of the Executive Order. In addition, the sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. 9. The sponsor's financial records of the project, established, maintained, and made available to personnel of the FAA inconformity to Section 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) will also be available to representatives of the Comptroller General of the United States. 10. It is understood and agreed that the terms "Administrator of the Federal Aviation Agency", "Administrator", or "Federal Aviation Agency" wherever they appear in this Agreement, in the Projgct Application, plans and specifications, or other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Administrator or the Federal Aviation Administration as the case may be. It is also understood and agreed that the term "Federal Airport Act" in said agreement documents shall mean "Airport and Airway Development Act of 1970". 11. The Sponsor will send a copy of all Invitations for Bids, advertised, or nego- tiated, for concessions or other businesses at the airport to the Government Procurement Specialist, Atlanta Regional Office OMBE, 1371 Peachtree Street, N.E. - Suite 505, Atlanta, Georgia 30309, or to the local affiliate designated by the OMBE. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the OMBE or its designated affiliate and minority firms on the same basis that such information is dis- closed and made available to other organizations or firms. Responses by minority firms to Invitations to Bids shall be treated in the same manner as all. other responses to the Invitations for Bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21, Appendix C(a)(1)(x), Regula- tions of the Office of the Secretary of Transportation. FAA Form 5100-13 (2-74) • .Page 3c of 4 Pages 12. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of the Project Application dated May 1, 1974, and, therefore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. However, nothing contained herein shall be con- strued as altering or changing the rights of the United States and/or the obligations of the sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 13. Pursuant to the Uniform Relocation Assistance and Real Property Acquisi- tions Policy Act of 1970 (P.L. 91-646); Part 25, Regulations of the Secre- tary of Transportation, "Relocation Assistance and Land Acquisition under Federal and Federally-assisted Programs" (49 CFR Part 25, 36 Fed. Reg. 9178); the Regulations; and other applicable provisions of law--the terms used in this paragraph to have the meanings assigned to them under such Act and regulations: a. Sponsor will fully comply with Subpart I of said Part 25. b. Sponsor will adequately inform the public of the acquisition policies, requirements, and payments which will apply to the project with respect to any acquisition of real property to which said Part 25 of this agree- ment apply. 14. It is mutually agreed that no payments due from the United States under the terms of this Grant Agreement will be made until the Airport Layout Plan is updated and approved by the Federal Aviation Administration (FAA). , . y • • Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (TITLE) 1v1 Chief, Airports District Office Part II-2cceptance The County of New Hanover 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. 24th June 74 Executed this day of..............................., 19.... . I New Hanover County,, or b.CAroiina. (Name f By (,c J. . (SEAL) (,I ie rman, New H ver County Board of 1~lt~ ......Commis'sione'rs . Attest. ,a.Ci Clerk to the Hoard Tit e~ CERTIFICATE OF SPONSOR'S ATTORNEY James C. Fox I . acting as Attorney for New. HAnover..CQunty........ (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of.. N9vt4 Garol,i k . . . . and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Wilmington, N. C., 24 h Jfune 74 19..... 1 Dated at this.......... day o 1x1.1 . . t A+.y........... . ffix Hanover County Attorney i FAA FORM 6100-13 PG 4)10-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4 e CE RTIF IC'ATE I, Lise K. King' , the duly appointed Clerk to the Board of the New Hanover County Board of Commissioners, do hereby certify that the`attdched extract from the Minutes of the special meeting of the New Hanover County Board of Commissioners held on June 24 19 74 , is a true and correct copy of the original Minutes of'said Meeting on file and of record insofar as said original Minutes relate to, the matters set forth in said attached extract, and I do further-certify ' that the copy of the Resolution appearing in said attached extract is a true and correct copy of such Resolution adopted at.said Meeting and on file and of record. In testimony whereof, I have 'hereunto set my hand and the seal of said Commissioners this 27th day of June 19 74 SEAL i SO.FpRM 5100-19 (4-70) r ro H 'r-OF(I 107 RESOLUTION (GRANT AGREEMENT) EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE NEW =OVER COUNTY 'BOARD OF COMMISSIONERS HELD ON June-24 19 74 The following Resolution was introduced by Comm. J: M. Hall,. Jr:, seconded by Comm. Peter R. Davis read in full, consiAered"and adopted: with Commissioners Davis, Hall, Powell and Vaughan voting "Aye" and Commissioner `Wright `voting "Noe." RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT No. 8-37-0084-01-74 BETWEEN TfIE UNITED STATES OF AMERICA AND New Hanover County, North Carolina BE IT RESOLVED, by the Commissioners of New Hanover County, North Carolina SECTION 1. That said Commissioners hereby authorizes, adopts, approves, accepts and ratifies the execution of Grant Agreement between the Federal" Aviation. Administration on behalf of'the United States of America and New [janover County, N.C.- SECTION 2. That the execution of said. Grant Agreement in quadruplicate on behalf of said Commi -.,ionrrs - by W. Dou4las Powell , Chairman and the impression of the official seal of the Commissioners and the attestation of said execution by Lise K. King Clerk to the Board is hereby authorized, adopted, approved, accepted and ratified. SECTION 3. That the Airport Manager is hereby authorized (Title of Position,; Airport Manager, City 'Manager, etc.) to execute payment requests under'this`Grant Agreement on behalf of said New Hanover County, N C 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. $0 FORM 5100-18 (4-70)