The URL can be used to link to this page

Home My WebLink About11517 ORD - 06/13/1973.%I JRR /Mc 6/11/73 1ST a AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREE- MENT WITH THE F.A.A. FOR INSTALLATION OF PERIMETER FENCING AND A CRASH FIRE RESCUE VEHICLE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS AND CONDITIONS SET OUT IN THE GRANT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A GRANT AGREEMENT WITH THE F.A.Q. "FOR INSTALLATION OF PERIMETER FENCING AND A CRASH FIRE RESCUE VEHICLE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS AND CONDITIONS SET OUT IN THE GRANT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR WORK TO COMMENCE ON THE INSTALLATION OF PERIMETER FENCING AND A CRASH FIRE RESCUE VEHICLE AT THE CORPUS CHRISTI 'r INTERNATIONAS AIRPORT AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF JUNE, 1973• ATTEST •GZ L• -c r CITY SECRETARY MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ID OF JUN , 3: ATTO,NE 1'1.517 Page I of 4 pag DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I -Offer Date of Offer JUN 6 1913 CORPUS CHRISTI INTERNATIONAL Airport Project No. 8- 48- 0051 -02 Contract No. DOT -FA- 73- SW3164 TO: The City of Corpus Christi, Texas (herein referred to as the "Sponsor ") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") rWHEREAS,.the Sponsor has submitted to the FAA a Project Application dated March 30, 1973 for a grant of Federal funds for a project for develop- ment of the Corpus Christi International 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 c WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project ") consisting of the following - described airport development: Acquire one,(1) crash- fire - rescue vehicle; install security fencing (2,470 IX) and perimeter fencing (35,340 LF). all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 110.71) SUPERSEDES FAA FORM 1632 PG. 1 + a , PAGE I i Page 2 of 4 page 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, Fifty (50) percentrm of all allmaable project costs This Offer is made on and subject to the following terms and conditions: ' y ` 1. The maximum obligation of the United States payable under this Offer shall be $41,000.00 2. The Sponsor shall: 1 (a) begin accomplishment of the Project within nirtety (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 maybe 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 tite 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. PAGE 2 FAA FORM 5100 -13 PG. 2 (7 -721 SUPERSEDES PREVIOUS EDITION ° +�., Page 3 of 4 pal 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 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 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 June 30, 1973 or such subsequent date as may be prescribed in writing by the FAA. " S• It is understood and agreed that the sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administra- tor at all FAA technical facilities located'aa the airport. It is further understood and agreed that sponsor Will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (govern- ment and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities'on the airport. Such land shall be adjacent to the facilities served. 9. The Federal Government does not non'plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of the Project Application dated March 30, 1973, and, therefore, it is understood and agreed that the sponsor is under no.bbligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. However, nothing contained herein shall be cou- atrued as alterieZ or changing the rights of the United States and /or the obligations of the Sponsor under prior Grant Agreements to furnish rant -free space for the activities specified in such agreements. 10. The Sponsor will send a copy of all irvitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OLNMB), Field Operations Division, Department of Commerce, Washington, D.C. 20230, or to the local affiliate designated by the 011MR. The Sponsor will disclose and make information about the contracts, confracting procedures and requirements available to OM-or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organizations 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 preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 0 CFR 21 Appendix C (A)(1)(X), Regulations of the Office of the Secretary of Transportation. FAA FORM 5100.13 PG.3 (10.71) 5VPERSEDES FAA FORM 1032 PG.3 PAGE 3 .. a =. - -� -1 r -• t. ... -.. - d a 7i.. � r- -f ... � ` _ _. A Page 3a of 4 pages 11. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form: submitted by prospective contractors for construction work under 60-1. the project 0-1 t3(bprofithe Regulations Section 60- 1.7(b)(1) and 60 -1. (). of Labor (33 FR 7804, 41 CFR Part 60 -1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 7� Page 3a .. id 0 Page 4 of 4 p0 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) Part II- Acceptance The City of Corpus Christi, Texas 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. ......................:........ 19....... The .City .of. Carpus. Christi, .Texas ... (Name of Sponsor) By............ ........................:...... (SEAL) Title............ ............................... Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I.... ........ ....................... . acting as Attorney for .... ............................... (herein refereed 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... Texas • • • • • • • • ........ . . . . . . . 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 ............. .................this.......... day of..........................., 19...., .......... ................... ............ Title..... ............................... FAA FORM 0100-13 PG 4110•]1) SUPERSEDES FAA FORM 1632 PG 4 -� PAGE 4 APPENDIX 1 v 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 in 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, 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) The contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employes are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion, transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employes and applicants for employment, notices to be provided setting forth the provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employes placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, 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 employes and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of 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 September 24, 1965, as revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Appendix 1 Page 1 �, 0 0 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 nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract may be canceled, 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 September 24, 1965, as revised by Executive Order 11375 of October 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, 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 provisions of paragraphs (1) through (7) in every sub- contract 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 September 24, 1965, as revised by Executive Order 11375 of October 1967, 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 Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable' to any agency, instrumentally 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 administering 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 administering agency and the Secretary of Labor such information as they may require 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.. Appendix 1 Page 2 The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11246 of September 24, 1965, with d contractor debarred from, or who has not demonstrated 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 subcon- tractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart 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 such Sponsor; and refer the case to the Department of Justice for appropriate legal proceedings. Appendix 1 Page 3 .. 3i ' Corpus Christi, Texas - day of , 19,L3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby 6Lt4 ¢ . James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark ' The above ordinance was passed by the following vote: Jason Luby James T. Acuff R Rev. Harold T. Branch Thomas V. Gonzales A Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark