Loading...
54 of 1974 - A resolution accepting the Grant Offer of the United States of America through the Federal Aviation PIFF: Resolution No. 54 OfferBy Jennings Phillips, Jr. 9. Accepting the Grant DevelopmentUnited States of America through the Federal Aviation Administration in the maximum amount of$4,475,347.0( to be used under Airport_ i0 EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE SALT LAKE CITY CORPORATION, UTAH, HELD ON August 22 , 1974 The following Resolution was introduced by Commissioner Jennings Phillips, Jr, read in full, considered and adopted: Resolution No. 54 of the Board of Commissioners of the Salt Lake City Corporation, Utah Accepting the Grant Offer of the United States of America through the Federal Aviation Administration in the maximum amount of $4,475,347.00 to be used under Airport Development Aid Program Project No. 8-49-0033-05 in the development of the Salt Lake City International Airport. Be it Resolved by the members of the Board of Commissioners of the Salt Lake City Corporation, Utah, as follows: Sec. 1. That the Salt Lake City Corporation, Utah, shall accept the Grant Offer of the United States of America in the amount of $4,475,347.00 for the purpose of obtaining Federal Aid under ADAP Project No. 8-49-0033-05 in the development of the Salt Lake City International Airport; and Sec. 2. That the Mayor of the Salt Lake City Corporation, Utah, is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the Salt Lake City Corporation, Utah, and the City Recorder is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the Salt Lake City Corporation, Utah on the aforesaid statement of Acceptance; and Sec. 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part hereof. CERTIFICATE I, HERMAN J. HOGENSEN of the Salt Lake City Corporation, Utah do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 54 adopted at a regular meeting of the Board of Commissioners of the Salt Lake City Corporation, Utah held on the 22nd day of Ai, ,ct 1974, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the Salt Lake City Corporation, Utah, this 22ndday of August , 1974. Signed: 4 t t eAMW e Title : City Recorder (SEAL) Page I of 8 pages • • • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer Date of Offer August 19, 1974 Salt Lake City International Airport Project No. 8-49-0033-05 Contract No.DOT-FA75RM-0398 TO: The Salt Lake City Corporation, Utah (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 June 26, 1974 ,for a grant of Federal funds for a project for develop- ment of the Salt Lake City International Airport(herein called the "Airport"). together with plans and specifications for such project,which Project Application, as approved by the FAA is hereby incc rporated 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: Land (Areas Nos. 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55 and 57) for airport development, clear zone, approach protection and control for future third north/south runway, including relocation costs. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; AR FORM 5100.13 PG. 1(lO 111 SUPERSEDES 1 AA FORM 16; PG.I PAGE 1 Page of 8, paged • NOW THEREFORE, pursuant to ann for the purpose of carrying out the provision- of the Arport and Airway Development Act of 1970, as amended (49 U.S.C. 1701),and in consideration o:.(a) the Sponsor's adoption and ratifica ion of the representations and assurances contained in said Project Application, and its acceptance of this Offer a= 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, TILT FEDERAL AVIATION AD- MINISTRATION, FOR AND ON Bl HALF OF THE UNI1 ED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomphshiny; the Project, 90.957 of said allowabla costs. This Offer is made on and subject to the following terms and conditions: I. The maximum obligation oft 1e United States payable under this Offer shall he $ 4,475,347.00. 2. The Sponsor shall. (a) begin accomplishment of the Project within sixty (60) days after acceptance of this Offer or such longer time as may he 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 Regularons of the Federal Aviation Administration(14 CFR 152) in effect as o1 the date t f 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 PO.2 (7-721 SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 8 pages • • 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its' Assurance 4 in fart Ill of s.:id Project Application,that in its operation and the operation of all facilities thereof,neither it nor any person or organization occupying space or facili- ties thereon will discriminate against any person or class of persons by reason of race,color. creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the 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 6, 1974 or such subsequent date as may be prescribed in writing by the FAA. 8. The Sponsor hereby further covenants that it will not permit any permanent-type structures, other than structures required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area identified on the Exhibit "A" as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. 9. By its acceptance hereof, the Sponsor hereby covenants that to the extent it has or may have either present or future control over each area identified on the Exhibit "A" as "clear zone", and unless exceptions to or deviations from the following obligations have been granted to the Sponsor in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation with the standards established by Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent creation of obstructions within said standards. 10. By its acceptance hereof, the sponsor hereby covenants and agrees that it will provide adequate land on the Salt Lake City International Airport without cost for the purpose of parking Federal Aviation Administration official and employee vehicles or at the option of the sponsor will provide free accommodations for FAA official parking and free or reasonable cost accommodation for FAA employee parking at the Salt Lake City International Airport. Said parking area shall be within reasonable proximity to the FAA facilities located on said airport. 11. 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 June 26, 1974, and, therefore, it is understood and agreed that the sponsor is under no FAA FORM 5100-13 PG 3(10•71(SUPE""SEOES FAA FORM 1632 PG 3 PAGE 3 • Page 4 of 8 pages obligation to furnish ary areas or rights without cost to the Federal government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 12. A. Pursuant to Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646); Part 25, Regulations of the Secretary of Transportation, "Relocation Assistance and Land Acquisition under Federal and Federally Assisted Programs" (49 CFR Part 25, 36 Fed. Reg. 9178); the Regulations; and otter applicable provisions of law -- the terms used in this paragraph to have the meanings assigned to them under such Act and regulations: 1. Sponsor will provide fair and reasonable relocation payments to displaced persons as required by Subparts E, F, and G of said Part 25; 2. Sponsor will provide relocation assistance programs for displaced persons offering the services described in Subpart D of said Part 25; 3. Sponsor will adequately inform the public of the relocation payments and services which will be available under Subparts D, E, F, and G of said Part 25; 4. Comparable replacement dwellings will be available, or provided if necessary, within a reasonable period of time before any person is displaced; 5. Sponsor will fully comply with Subpart I of said Part 25; 6. 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 and this agreement apply; 7. When approval of the FAA is required before Sponsor may proceed with any phase of the project and that phase will cause the displacement of any person, Sponsor will prior to proceeding with that phase provide the FAA with written assurances satisfactory to the FAA that: (a) Based on a current survey and analysis of available replace- ment housing and in consideration of competing demands for that housing, comparable replacement dwellings will be available within a reasonable period of time prior to displacement, equal in number to the displaced persons who require then; and Page 5 of 8•pages (b) The Sponsot 's relocation program is realistic and is adequate to provide orderly, timely, and efficient relocation of displaced individuals and families to decent, safe, and sanitary housing available to persons without regard to race, color, religion, or national origin with minimum hardship tc those affected. B. With respect to every person who was displaced or from whom real property was acquired alter January 1, 1971, and who would have been entitled to any payments or relocation assistance pursuant to the assurances in this agreement had this agreement been in effect at the time of such displacement or acquisition, Sponsor represents and under- takes as the case may bc: (1) That such person has received or will receive all the payments and has timely been or will be timely afforded all the assistance and advantages that would have accrued to him under the provisions of this paragraph had he been displaced or the real pro- perty acquired or his entitlements as such tenant accrued subsequent to the date of this agreement; and (2) that Sponsor has timely performed or will timely perform all acts that would have been or would still be required of the sponsor had the assurances of this paragraph been appli- cable at the times identified in this paragraph. C. That the United States shall not make nor be obligated to make any payment hereunder for land acquisition, or reimbursement for land acqui- sition, until the sponsor has complied with the requirements of this para- graph. D. The obligation of the United States under this agreement to share in the allowable costs incurred by Sponsor under this paragraph shall be subject to all the pertinent and applicable provisions, limitations, and conditions contained in the laws and regulations referred to in this paragraph. E. Until and including July 1, 1972, the provisions of this paragraph shall be applicable only to the extent that Sponsor is able to comply with them under applicable State law; after July 1, 1972, such provisions shall be applicable in their entirety regardless of the extent to which Sponsor is able to comply with them under applicable State law. 3. It is understood and agreed that as to the land acquired or to be acquired for future development of the airport, the sponsor will construct and complete thereon a useful and usable facility consistent with the National Airport System Plan not later than the time of forecasted need; and if the land so acquired or any part thereof, is not used within the forecast period for the purpose for which it was acquired, the sponsor will refund the federal share of acquisition cost or fair market value of the land, whichever is greater, plus the federal share of net revenue, at the time of sale or expiration of the period stated in this agreement. It is further understood and agreed that the sponsor will deposit all net revenue derived from the interim use of the land into a special fund to be used exclusively for approved items of airport developments, but in no case may the federal share of such ftnds be used to match federal aid funds in Page 6 of 8 pages future grants. It is still further understood and agreed that the sponsor will not dispose of the land by sale, lease, or otherwise without the prior consent and approval of the FAA. It is further understood and agreed that the sponsor will not change the existing use of said land with or without Federal financial assistance until the environmental, social and economic impact of said change is con- sidered and evaluated under the procedures and requirements of Federal law and policies then in effect. 14. The sponsor will send a opy of all invitations for bids, advertised or negotiated, for conce-sions or other businesses at the airport to the local affiliate of the Office of Minority Business Enterprise (OMBE), Field Operations Division, Department of Commerce, Washington, D. C., 20230. The sponsor will disclose and make information about the contracts, contractiig procedures and requirements available to OMBE or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organ- izations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the foregoing will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C(a)(1)0,), Regulations of the Office of the Secretary of Transportation. 15. The FAA in tendering this Offer on behalf of the United States recognizes the existence of an agency relationship between the Salt Lake City Corporation, Utah as principal, and the Utah State Board of Aeronautics, as agent, created by the Agency Agreement entered into on July 25, 1974. The Salt Lake City Corporation, Utah agrees that it will not amend, modify, or terminate said Agency Agreement without prior approval in writing of the FAA or its designated representative. 16. It is understood and agreed that the sponsor will comply with the re- vised administration requirements to FAR Part 152 as set forth in the May 31, 1974, issue of the Federal Register, Volume 39, No. 106. It is further agreed that the sponsor will comply with the following assurances included herein as Page 7 of 8 pages. DEPARYMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION Page 7 of 8 pages PART V • ASSURANCES • • The applicant hereby assures and certifies ti at he will comply with the regulations,policies,guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A 95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally-assisted project.Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant,and to conducting i'sspections to insure compliance with these finance and construct the proposed facilities, that a resolu• specification'by the contractor. lion, motion or similar action has been dol./ adopted or 9. It will cause work on the project to be commenced with- passed as an official act of the applicant's go.erning body, in a reasonable time after receipt of notification from the authorizing the tiling of the application,inclui•mg all under- approving Federal agency that funds have been approved standings and assurances contained therein, and directing and that the project will be prosecuted to completion with and authorizing the person identified as the official repre- reasonable diligence. sentative of the applicant to act in connec ion with the 10. It will not dispose of or encumber its title or other application and to provide such additional is formation as - may be required. interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds,which- 2. It will comply with the provisions of: Ex-cutive Order ever is the longer. 11296,relating to evaluation of flood hazard.,and Execu- 11. It will comply with Title VI of the Civil Rights Act of tive Order 11288, relating to the prevention,control,and abatement of water pollution. 1964 iP.L. 88-3521 and in accordance with Title VI of that Act,no person in the United States shall,on the ground of 3. It will have sufficient funds available to 1 wet the non- race,color,or national origin,be excluded horn participa- Federal share of the cost for construction p ojects.Suffi• non in,he denied the benefits of,or be otherwise subjected cient funds will be available when construe lion is coin- to disci munition under any program or activity for which pleted to assure effective operation and maintenance of the the applicant receives Federal financial assistance and will facility for the purposes constructed. immediately take any measures necessary to effectuate this 4. It will obtain approval by the appropriate Federal agreement. If any real property or structure thereon is pro- agency of the final working drawings and spec ifications be- vided or Improved with the aid of Federal financial assis- fore the project is advertised or placed on the market for tance extended to the Applicant,this assurance shall obli- bidding;that it will construct the project,or cause it to be gate the Ap Ilicant, or in the case of any transfer of such constructed, to final completion in accordance with the property, any transferee, for the period during which the application and approved plans and specifications, that it real property or structure is used for a purpose for which will submit to the appropriate Federal agency for prior ap the Federal financial assistance is extended or for another proval changes that alter the costs of the project, use of purpose involving the provision of similar services or bene- space, or functional layout; that it will not enter into a fits. construction contractlsl for the project or urn rertake other 12 It will establish safeguards to prohibit employees from activities until the conditions of the construction grant pro- using their positions for a purpose that is or gives the ap- grain(s)have been met. pearance of being motivated by a desire for private gain for 5. It will provide and maintain competent and adequate themselves or others, particularly those with whom they architectural engineering supervision and inspection at the have family,business,or other ties. construction site to insure that the complex I work con- 13. It will comply with the requirements of Title II and forms with the approved plans and specific;.ions; that it Title III of the Uniform Relocation Assistance and Real will furnish progress reports and such other i'formation as Property Ai qulsitions Act of 1970 (P.L. 91-6461 which the Federal grantor agency may require. provides for fair and equitable treatment of persons dis- 6. It will operate and maintain the facility no accordance placed as a result of Federal and federally assisted pro- with the minimum standards as may be reo,ored or pre- grams. scribed by the applicable Federal,State and local agencies 14. It will comply with all requirements imposed by the for the maintenance and operation of such facilities. Federal grantor agency concerning special requirements of 7. It will give the grantor agency and the Comptroller Gem law, program requirements, and other administrative re- eral through any authorized representative access to and the quirements approved in accordance with Office of Manage- right to examine all records,books, papers,c-documents ment and Bridget Circular No.A-102. related to the grant. 15. It will comply with the provisions of the Hatch Act 8. It will require the facility to be designed to comply with which limit the political activity of employees. the "American Standard Specifications for raking Build- 16. It will comply with the minimum wage and maximum ings and Facilities Accessible to,and Usable L7,the Physi- hours provis ons of the Federal Fair Labor Standards Act, cally Handicapped,"Number A117.1 1961,as Modified(41 as they appi- to hospital and educational institut on em- CI R 101-17.703). the applicant will be re'oonsible for ployees of S ate and local govei nmentr FAA Form 5100-100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU] p44/4k 8 Page$of 8 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 lcceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Developme St Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and tire 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 ef'ect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By VICTOR.3,. .KIESLING (TITLE) Chief, Airports District Office Part II-Acceptance The Salt Lake City Corporation, Utah does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. /� Executed this +� day of H evkfiti 19 SALT LAKE CITY CORPO'• , UTAH (Name of Sp4 sot) By (SEAL) Title Attest:/ .. . V� Title' City Recorder CERTIFICATE OF SPONSOR'S ATTORNEY I, ,acting as Attorney for The Salt Lake City Corporation,Utah, (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 tire State of Utah 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 Salt Lake City, Utah this day of 19.74.., Title City Attorney FAA FORM 5100-11 PG 4110-711 SUPERSEDES FAA FORM 1632 PG 4 PAGE 4