HomeMy WebLinkAbout021253 ORD - 09/24/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT A $750,688 GRANT
FROM THE FEDERAL AVIATION ADMINISTRATION TO INSTALL A
COMPUTER CONTROLLED SECURITY ACCESS CONTROL SYSTEM AND
PERIMETER SECURITY FENCING; AWARDING A CONTRACT IN THE
AMOUNT OF $768,198.45 TO NATIONAL GUARDIAN SECURITIES
SERVICE CORP. FOR THIS WORK; APPROPRIATING THE GRANT
AMOUNT OF $750,688; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
accept a $750,688 grant from the Federal Aviation Administration to
install a computer controlled security access control system and
perimeter security fencing, all as more fully set forth in the
grant agreement, a substantial copy of which is attached hereto and
made a part hereof, market Exhibit A.
SECTION 2. That a contract in the amount of $768,198.45
be awarded to National Guardian Securities Services Corp. for this
work.
SECTION 3. That there is hereby appropriated the grant
amount of $750,688.
SECTION 4. That upon written request of the Mayor or
five Council members, copy attached, to find and declare an
emergency due to the need for the efficient and effective
administration of City affairs, such finding of an emergency is
made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at three regular meetings
o that this ordinance is passed and shall take effe t upon first
eagingel aq an emergency measure this the c2 day of
'1114fuk9J J 1991.
ATTEST:
Aug-ft
tary
APPROVED: c2OM DAY OF 1/45,0441.72C,
JAMES R. :RAY JR., CITY ATTORNEY
By
Assistant Cit Attorney
THE CITY O ORPUS CHRISTI
, 199i
021253
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 19, 1991
I certify to the City Council that $ 750,688 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund No. and Name No. 245 Airport Bond Fund
Project No. 245-601-603.34
Project Name Access Control System and Perimeter Security Fence
from which it is pioposed to be drawn, and such Honey is not appropriated for any
other purpose.
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Director of Finance
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1/3 9/019i
FIN 2-55 Alkb 9I17 /9 t
Revised 7/31/69
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART 1 -OFFER
Date of Offer: Project No. 3-48-0051-16
Airport: Corpus Christi International Contract No. DOT FA 91 SW -8303
TO: 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")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also
called an Application for Federal Assistance) dated September 17, 1991, for
a grant of Federal funds for a project for development of the Corpus
Christi International Airport (herein called the "Airport"), together with
plans and specifications for such project, which Application for Federal
Assistance, 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:
Install security access control system and perimeter fencing
all as more particularly described in the property map and plans and
specifications incorporated in the said Application for Federal
Assistance.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as amended
by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the "Act," and/or the Aviation Safety and Noise Abatement Act of
1979, 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 compliance with the assurances and
conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, 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, ninety (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer
shall be $750,688.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs will
be made pursuant to and in accordance with the provisions of which
regulations and procedures as the Secretary shall prescribe. Final
determination of the United States share will be based upon the final
audit of the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal
share of costs.
4. The sponsor shall carry out and complete the Project without undue
delays and in accordance with the terms hereof, and such regulations
and procedures as the Secretary shall prescribe, and agrees to comply
with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor.
6. 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 30, 1991, or such
subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 2 of 5 Pages
7. The sponsor shall take all steps, including litigation if necessary,
to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other manner
in any project upon which Federal funds have been expended. For the
purposes of this grant agreement, the term "Federal funds" means funds
however used or disbursed by the sponsor that were originally paid
pursuant to this or any other Federal grant agreement. It shall obtain
the approval of the Secretary as to any determination of the amount of
the Federal share of such funds. It shall return the recovered Federal
share, including funds recovered by settlement, order or judgement, to
the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of
the Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or other
final positions of the sponsor, in court or otherwise, involving the
recovery of such Federal share shall be approved in advance by the
Secretary.
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to,
compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used
for any project for airport development or noise compatibility for
which funds are provided under this grant. The sponsor will include
in every contract a provision implementing this special condition.
10. It is mutually understood and agreed that if, during the life of the
project, the FAA determines that the grant amount exceeds the expected
needs of the sponsor by $5,000 or five (5%) percent, whichever is
greater, the grant amount can be unilaterally reduced by letter from
the FAA advising of the budget change. Conversely, if there is an
overrun in the eligible project costs, FAA may increase the grant to
cover the amount of overrun not to exceed the statutory fifteen (15%)
percent limitation and will advise the sponsor by letter of the
increase. Upon issuance of either of the aforementioned letters, the
maximum obligation of the United States is adjusted to the amount
specified.
11. The sponsor agrees to request cash drawdowns on the authorized letter
of credit only as and when actually needed for its disbursements and
to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the
letter of credit to be revoked.
12. The property map referred to on Page 1 of this Grant Agreement is the
Property Map, Exhibit "A", attached to the Application for Federal
Assistance attached hereto.
13. The plans and specifications referred to on Page 1 of this Grant
Agreement are the plans and specifications approved by the FAA on
September 13, 1991.
FM Form 5100-37 (10-89) Development or Noise Program
Page 3 of 5 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 hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
EDERAL AVIATION ADMINISTRATION
W
Manager. Airports Division
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this
(SEAL)
Attest:
Title:
day of , 19
By
Title
CITY OF CORPUS CHRISTI, TEXAS
(Name of -Sponsor)
(spons°, s Uesl griated uTTlcldt Rep
FAA Form 5100-37 (10-89) Development or Noise Program
Page 4 of 5 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do
hereby certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of
Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto, and
find that the acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of
the said State and the Act. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor.
Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at this day of ,19
Signa Lille of Spong0r s Attorney
FAA Form 5100-37 (10-89) Development or Noise Program
Page 5 of 5 Pages
Corpus Christi, Texas
2`i day of 31 1 �ks���i , 19 (7/
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
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021253