HomeMy WebLinkAboutRES NO 86-79 RESOLUTION NO.' 86-79
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ACCEPTING GRANT OFFER' OF U.S.A.
THROUGH FAA, IN MAXIMUM AMOUNT OF $29,012
TO BE USED UNDER PROJECT 79-1-A-06-0323-02
FOR AIRPORT MASTER PLANNING FOR BAKERSFIELD
AIRPARK.
WHEREAS, the United States of America, acting through
the Federal Aviation Administration, has made a written offer of
a Planning Grant for the Airport Master Planning for Bakersfield
Airpark, Bakersfield, California, under Project No. 79-1-A-06-0323-02
Contract No. DTFA 08-80C-05839, in the maximum amount of $29,012;
and
WHEREAS, the City of Bakersfield desires to accept the
offer stated above and authorize and direct the Mayor to execute
the acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. That the City of Bakersfield shall and does hereby
accept the Planning Grant offer of the United States of America in
the amount of $29,012 for the purpose of obtaining federal aid under
Project No. 79-1-A-06-0323-02 for Airport Master Planning for Bakers-
field Airpark, Bakersfield, California; and
2. That the Mayor of the City of Bakersfield, State of
California, is hereby authorized and directed to sign the Statement
of Acceptance of said grant offer (entitled Part II - Acceptance) on
behalf of the City of Bakersfield; and
3. That the City Clerk is hereby authorized and directed
to attest the signature of the Mayor and to impress the official
seal of the City of Bakersfield on the aforesaid Statement of Accept-
ance; and
4. That a true copy of the grant offer referred to herein
is attached hereto and made a part hereof.
o0o
I HEREBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 14th day of November, 1979, by the follow-
ing vote:
AYES. COUNCILMEN B RTQN L.I~-~TE;:,S.EN, MEANS, MILLER, PAYNE, RATTY, STRONG
NOE~: COUNCILMEN- ~ ,..
~, ,, CITY CLE~~.a.nd~Ex Offic' Clerk of
Council of the Cit~ersfield
APPROV~_~S14t~'~ay of November, 1979
MAY~-f;~the C~-~:~f- Bakersfield
APPROVED as to form:
the
T~A~/~
C TTOR~EY of t
Bakersfield
TYPE OF PLANNING GRANT:
AIRPORT MASTER PLANNING FOR
BakP. r~fiPld Airpark
Bakersfield, CalifOrnia
AIRPORT SYSTEM PLANNING FOR
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
PLANNING GRANT AGREEMENT
PART I -- OFFER
DATE OF OFFER
PROJECTNO.
CONTRACTNO,
PAGE 1,
November 1, 1979
79-1-A-06-0323-02
DTFA08-80C-05839
OF~ 6 PAGES
TO: City of Bakersfield, California
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through tile 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.. January 1, 1979 (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 Bakersfield A~rpark, Bakersfield, Cal ifernia
(airport area ha.re arid/or location)
sphere of influence
(herein called the area ), which Planning Application as
(airport or area)
approved by the FAA is hereby incorporated herein and made a part hereof; and W! IEREAS, the FAA has approved a project
for the development of plans for the a tea (herein called the "Planning Project") consisting
(airport or area}
of the following approved airport master planning:
(master or system}
Second phase of site selection study with determination of airport requirements
plus evaluation of existing and potential si~es.
all as more particularly described in tile Description of Work Program incorporated in the said Planning Application;
FAA Form 5900-1 PG 1 (1-71)
PAGE,. 2 OF 6~' 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, 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 heroinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport mas I:er
(master 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
percent of the allowable costs incurred in accomplishing the Planning Project, subject to the following terms and conditions:
The maximum obligation of the United States payable under this Offer shall be $ 29,012
TIle 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:
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;
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. !n 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:
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 Sections152 '121'152 ' ~L/~5 of the
Regulations of the Federal Aviation Administration ( 1/~ CFR 152 ) in effect as of the date of
acceptance of this Offer; which Regulations are heroinafter referred to as the "Regulations";
Carry out and complete all planning work in accordance with the Description of Work Program, incorpo-
rated heroin, 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;
PAGF 3 OF 6 PAGES
,
The allowable costs of the project shall J~g~i.nfhu~e a.,y costs delermined by the FAA to be ineligible for consid-
eration as to allowability under Section of the Regulations.
6. The FAA rdserves 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 Planning
Project unless tiffs Offer has been accepted by the Sponsor on or before November 20 o ] 979
or such subsequent date as may be prescribed in writing by the FAA.
8. All financial records pertaining to the Planning Project shall be made available to authorized representatives of the
FAA and the Comptroller General of the United States in conformity to Section152 · 143 of the Regulations.
The Sponsor will, at such times and in such manner as the FAA may require, fur~ish FAA with periodic reports
and statements pertaining to the Planning Project and planning work activities and other related matters covered
her.under.
11.
The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcod-
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 shah 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
(Master or System)
for exatnination by the public.
14.
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.
The Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur-
suant to Title V! of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the Office of the Secretary
of Transportation, as amended.
PAGE/I. OF 6 PAGES
! 5. 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 r~port constitutes an assurance or commitment,
(ms:let 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 ! 970.
16.
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 allow-
ability of the costs of the project will be made after final audit.
The grantee agrees to effectuate the purpose~ of Section 30 of the Airport
and Airway Development Act of 1970, as amended, by assuring that minority
business enterprises shall have the m3ximum 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 (1-71)
PAGE. 5 OF 6 PAGES
The Sponsor's acceptance o Offer and ratification and adoption of 'lanning Application incorporated
he. rein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter proqided, an~l said Offer
and Acceptance shall comprise an Airport Has t:er Planning Grant Agreement, as provided by
(Master or S);stem) '
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 Has ter
(Master or System}
Planning Grant Agreement shall become effective upo. n the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
BY Chief,' Southe n Axrp t F'eld Office
(Title)
PART II - ACCEPTANCE
Fhe City of Bakersfield, California
(herein referred to as the "Sponsor") does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements contained in the Airport Has t:er
(Master or System)
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 , County of ' Kern
State of California
(SEAL)
City of Bakersfield
(LEGAL NAME OF SPONSOR/COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER}
Attest:
Title:
(TITLE OF AUTHORIZED OFFICER)
Executed in its name by its undersigned officer on this
in
State of
day of
, County of
.19
Attest!
Title:
(SEAL)
BY
(LEGAL NAME OF COSPONSOR)
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
Executed in its name by ils undersigned officer on this
State of
day of
, County of
PAGE__ 6: :OF 6 PAGES
,19
Attest:
Title:
(SEAL)
BY
{LEGAL NAME OF COSPONSOR)
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY
Rnkersfield, California
hereby certify:
, acting as Attorney for the City of
(herein referred to as the "Sponsor") do
That I have examined the foregoing airport Ha s t:er Planning Grant Agreement and the
'Master or System)
proceedings taken by said Sponsor relating thcrelo, and find that the Acceptance thereof by said .Sponsor has been duly
authorized and that the execution thereof is in all respecls due and proper ancl in accordance with the laws of the State(s)
of California , and further that, in my opinion,
said airport Has ter Planning Grant Agreement
(Master or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of 19
{Signature)
{Tiae}