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HomeMy WebLinkAbout94 of 1977 - A resolution authorizing execution of a Planning Grant Agreement for funding for a Noise Control and prResolution No. 94 tf By Ted L. Wilson COMMISSIONER • Authorizing execution of a Planning ' Grant Agreement for funding for a Noise Control and Environs Compat- ability Study for the Salt Lake City International Airport. Presented to the Board of Commissioners AND PASSED SEP 2 2 1977 • N +,p 7/7,4 CITY RICOR' I ROLL CALL VOTING Aye Nay Salt Lake City,Utah, September 22 ,19 77 Mr.Chairman . . I move that th_Resolution b opted. Agraz Greener / '`a Hogensen `L Phillips RESOLUTION Result / WHEREAS, Salt Lake City Corporation, hereinafter City, has applied for funding for a Noise Control and Environs Compatability Study for the Salt Lake City International Airport; and WHEREAS, the U.S. Department of Transportation Federal Aviation Administration, hereinafter D.O.T., is prepared to allocate 90%94% of the allowable costs for such a planning study, up to a maximum of $129,550.00 pursuant to the provisions of the Planning Grant Agreement for project No. A-49-0033-03, contract No. D.O.T. - FA77RM-0145, copy attached; and WHEREAS, City is desirous of entering into said agreement and obtaining said funds; NOW, THEREFORE, be it resolved by the Board of City Commissioners that the Temporary Chairman be, and hereby is, authorized to 7 sign said Planning Grant Agreement. // i \\ Mayo ` 7- (itlitze& A r z , &?issioner yy (,; ''a of o��'nl Commissioner 7T/ DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PACE—L--.-OF.,�PAGES PLANNING GRANT AGREEMENT ' PART I — OFFER DATE OF OFFER September 19, 1977 • TYPE OF PLANNING GRANT: © AIRPORT MASTER PLANNING FOR PROJECT NO. A-49-0031-03 Salt lake City International Airport CONTRACT NO. DOT-FA77RM-0145 0 AIRPORT SYSTEM PLANNING FOR To: Salt Lake City Corporation (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,an Airport Master Planning Grant Application (Master or System) dated August 30, 1977 (herein called the"Planning Application"),for a grant of funds for a project for the development for planning purposes of information and guidance to determine the extent,type,and nature of development needed for Salt Lake city International Airport Salt Lake City, Utah purport area name and/or location) (herein called the airport ),which Planning Application as /airport or area) approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS,the FAA has approved a project for the development of plans for the airport (herein called the`Planning Project")consisting (airport or area) of the following approved airport Master planning: (master or system) Preparation of a special Noise Control and Environs Compatibility Study for purpose of responding to DOT/FAA policy and objectives and FAA Airport Noise Policy. all as more particularly described in the Description of Work Program incorporated in the said Planning Application; FAA Form 5900-1 PG 1 hail COPY ONLY/ORIGINAL FILED IN 1977.CONTRACTS/AGREEMENTS PAGE?OF 6 PAGES NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Develdpment Act of 1970,as amended,and in consideration of(a)the Sponsor's adoption and ratification of the representations and assurances contained in said Planning 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 airport_ Master (muster or system) planning included in the Planning Application,THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to pay,as the United States share 90,94 percent of the allowable costs incurred in accomplishing the Planning Project,subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be$ 129.550.00 2. The FAA,for and on behalf of the United States,may by written notice terminate or suspend this grant in whole or in part,or withhold payment,in the event that it finds that the Sponsor has: a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning Grant Agreement; b. Failed to carry out the Planning Project as approved; c. Made unauthorized or improper use of grant funds; d. Submitted any application,report,or other document which contains a misrepresentation of a material nature or is incorrect or incomplete in any material respect;or, e. If for any reason continuation of the approved Planning Project is rendered impossible,ineligible,or illegal. The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the notice of termination or suspension.In such case termination or suspension shall not affect any otherwise valid and allowable obligations made in good faith prior to receipt of notice of termination or suspension. 3. The Sponsor shall: a. Begin accomplishment of the Planning Project within 30 days after acceptance of this Offer, with failure to do so constituting just cause for termination of the obligations of the United States here- under by the FAA; b. Carry out and complete the Planning Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 1.ri2_121 Pt seq 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 all planning work in accordance with the Description of Work Program,incorpo- rated herein,or as it may be revised or modified with the approval of the FAA and in accordance with design standards and planning criteria established by the FAA; FAA Form 5900-1 PG 2 (1.71) • PAGE 3 OF 6 PAGES 4.. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid- eration as to allowability under Section_1S2e137___of the Regulations. 5. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Part 152 of the Federal Aviation Regulations. Final determination as to the allowability of the costs of the project will be made after final audit. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. • 7. This Otter shall expire and the United States shalt not be ohligated to pay any pail of the costs of the Planning Project unless this Of let has been accepted by the Sponsor on or hetorc_SPptember 30► 1977 or such subsequent date as may he prescribed in writing by the FAA. 8. All financial records pertaining to thg planning Project shall be made available to authorized representatives of the FAA and the Comptroller General of the United Stater in conformity to Section 152.143 of the Regulations. 9. The Sponsor will,at such times and in such manner as the FAA may require,furnish FAA with periodic reports and statements pertaining to the Planning Project and planning work activities and other related matters covered hereunder. 10. Sponsors shall submit for FAA approval prior to their execution all private party or public body contracts to do all or any part of the Planning Project.These contracts shall include applicable terms and conditions as specified by the FAA. II. The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcco- tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed scope and cost of the professional services. 12. The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em- ployees are designated by the Sponsor to do all or part of the Planning Project. 13. All published material such as reports,maps,and other documents prepared in connection with the Planning Project and planning work activities shall contain a standard notice that the material was prepared under an Airport Master Planning Grant provided by FAA.The Sponsor shall make these documents available, (.Nosier or System) fur examination by the public. In addition,no material prepared in connection with the Planning Project and planning work activities shall be subject to copyright in the United States or in any other country.The FAA shall have unrestricted authority to publish,disclose,distribute,and otherwise use,in whole or in part,any reports,data,or other materials prepared with Airport Planning Grant funds. 14. The Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur- suant to Title VI of the Civil Rights Act of l964 and by Part 21 of the Regulations of the Office of the Secretary of Transportation,as amended. FAA Form 5900-1 PG 3 (tau PAGE 4 OF.--fi_PAGES IS. The'Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the approval of the final airport._ Master planning report constitutes an assurance or commitment, (master or system) express or implied,by the FAA,that any airport development or unit thereof shown in the planning developed as part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway development Program under the Airport and Airway Development Act of 1970. 16. It is understood and agreed by and between the parties hereto that the STANDARD DOT TITLE VI ASSURANCES submitted by the sponsor and dated September 1, 1977, is hereby incorporated herein and made a part hereof by reference. 17. The grantee agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement; for the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. Grantee further agrees to comply with such regulations as may be issued by the Federal Aviation Administration to implement Section 30 of the Act. FAA Form 5900-1 PG 4 (1-01) PAGE_._OF_$_PAGES The Sponsor's acceptance of this Offer and ratification and adoption of the Planning Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter provided,and said Offer - and Acceptance shall comprise an Airport. Master Pinning Grant Agreement,as provided by /Masser or System) 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 Planning Project.Such Airport Master (Master or Syste.) Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATIONADMINISTRAT, N BY.0 t4rGc�� /%r EDWARD G. TATUM (7atIe) Chief Planning Branch PART II--ACCEPTANCE The Salt Lake City Corporation a_ (herein referred to as the"Sponsor")does hereby ratify and adopt all statements,representations,warranties,covenants,and agreements contained in the Airport Master (Master or Syria) Planning Grant 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 in its name by its undersigned officer on this day of ,19 , in Salt Lake City ,county of Salt I ake , State of lltah SALT LAKE CITY CORPORATION (SEAL) (LEGAL NAME OF SPONSOR/COSPONSOR) BY (SIGNATURE OF AUTHORIZED OFFICER) Attest: _--� M__ -_ (TITLE OF AUTHORIZED OFFICER) Title: Executed in its name by its undersigned officer on this day of ,19 , in ,County of , State of • ' (SEAL) (LEGAL NAME OF COSPONSOR) BY (SIGNATURE OF AUTHORIZED OFFICER) Attest: (TITLE OF AUTHORIZED OFFICER) Title: FAA Form 5900-1 PG 5 a-nt PAGE._6 OF_6_PAGES Executed in its name by its undersigned officer on this „day of ,19 in ,County of_ - State of (SEAL) (LEGAL NAME OF COSPONSOR) BY (SIGNATURE OF AUTHORIZED OFFICER) Attest: Title: (TITLE OF AUTHORIZED OFFICER) CERTIFICATE OF SPONSOR'S ATTORNEY 1, ,acting as Attorney for Salt Lake City Corporation (herein referred to as the"Sponsor")do hereby certify: That I have examined the foregoing airport Master Planning Grant Agreement and the (Master or System) proceedings taken by said Sponsor relating thereto,and fmd that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s) of Utah ,and further that,in my opinion, said airport Master Planning Grant Agreement (Master or System) 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 (Signature) City Attorney (Me) FAA Form 5900-1 PG 6 (r-Tr)