Loading...
HomeMy WebLinkAbout3547RESOLUTION NO. 3547 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PLANNING GRANT OFFER FROM THE UNITED STATES RELATING TO THE PREPARATION 0:+ AN AIRPORT MASTER PLAN FOR THE BE IT RESOLVED by the City Council of the City of Pueblo, Colorado, Section 1. That the City of Pueblo, Colorado, shall accept the Planning Grant Offer from the Federal Aviation Administration dated April 25, 1975 for the purpose of obtaining federal aid in the preparation of the Airport Master Plan for the Pueblo Memorial Airport and that such Pla=in.g Grant Offer shall be as set forth hereinbelow. Section 2. That the City of Pueblo, Colorado, does hereby ratify and adopt all statements, representations, warranties, covenants, and aEreAmen ±s contained in the "Airport Master Planning Grant Applica- tion", which is incorporated by reference in the said Planning Grant Offer. Section 3. That the President of the Council, Pueblo, Colorado, is hereby authorized and directed to execute the acceptance of said Planning Grant Offer on behalf of the City of Pueblo, Colorado, and the City Clerk is hereby authorized and directed to impress thereon the Official Seal of the City of Pueblo, Colorado, to attest said execution. Section 4. That the Planning Grant Offer referred to hereinabove shall be as follows: ADOPTED this 28th day of APRIL , 1975, for the City of Pueblo, Colorado. INTRODUCED BY HENRY REYES, Councilman Title President of Council City of Pueblo, Colorado ATTEST: Title (Ci Clerk CERTIFICATE OF CM C Lrsc' - 'rtK I, LUCY J. COSTA , the duly qualified City Clerk of the City of Pueblo, Colorado, do hereby certify that the foregoing Resolution was duly adopted at a (re5 meeting of the City Council, City of Pueblo, Colorado, held on the 28th day of APRIL , 1975, and that said Resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the City of Pueblo, Colorado, this 28th day of APRIL I , 1 975• By Q , Z Title CddZk DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PLANNING GRANT AGREEMENT PART I — OFFER PAGE 1 OF 6 PAGES DATE OF OFFER As ril 2 .5. 1 975 TYPE OF PLANNING GRANT: F-1 AIRPORT MASTER PLANNING FOR Pueblo Memorial Airport Pueblo, Colorado PROJECT NO. 75 -1 -A- 08-0046 -01 CONTRACT NO. DOT- FA75-RM -0901 F] AIRPORT SYSTEM PLANNING FOR TO: Ci f of Pueblo, Colorado (herein referred to as the "Sponsor ") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the WHEREAS, the Sponsor has submitted to the FAA, an Airport master Planning Grant Application (Alaster or System) dated, February 1 28, 1975, (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 (airport area name and /or location) Pueblo Memorial Airport, Pueblo, Colorado I_ (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 an Airport Master Plan including inventory of existing aviation activity statistics and airport facilities, forecasts of aviation demand, capacity analysis, environmental impact assessment including hearings, reports, etc., an Airport Layout Plan, a terminal plan, an access plan, a land use plan and a financial plan. all as more particularly described in the Description of Work Program incorporated in the said Planning Application; FAA Form 5900 -1 PG 1 (1-rr) 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 hereinafter provided, and (b) tl:e benefits to accrue to the United States and the public from the accomplishment of the airport master (master or system) planning included in the Planning Application, THE FEDERAL AVIATION ADMINISTRATION, FOR AND QN BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share 66 2/3 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 S 1 9 , 97 6 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 im- possible, ineliai>,le, or ille�� 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 val:1 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 terns hereof, the Airport and Airway Development ,Act of 1970, and Sections 152.12 of the Regulations of the Federal Aviation Administration ( 14 CFR 1 52 ) 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, incorp: 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- cration as to allowability under Section 152. 13 7 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 tht project will be made after the 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 Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Planning Project unless this Offer has been accepted by the Sponsor on or before May 30, 1 975 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 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 resorts 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. 11. The FAA reserves the right to disapprove the Sponsor's employment of specific consuitanis and their subcon- tractors to do all or anv p art 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 Pl:mning Project and planning work activities shall contain a standard notice that the material was prepared under an Airport mast Pr Planning Grant provided by FAA. The Sponsor shall make these docurents availabie (blaster' or System) for examination by the public. In addition, no material prepared in connection with the Planning Project and planning work activities sh311 be subject to copyright in the United States or in any other country. The FAA shall have unrestricted authorin ro 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 1964 and by Part 21 of the Regulations of the Office of the Secretary of Transportation, as amended. FAA Form 5900 -1 PG 3 (1-71) PAGE 4 OF b PAGES 15. 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. a 16. FAA Form 5900 -1 PG 4 (1`71) PAGE- 5 -OF 6 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 Planning Grant Agreement, as provided by (Master 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 System) Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRAT N BY. (Title) Chief, Denver Airport District Office, FAA PART 11 — ACCEPTANCE The City of Pueblo, Colorado (herein referred to as the "Sponsor ") does hereby Latify and adopt all statements, representations, warranties, covenants, and agreements contained in the Airport mas ter (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 in Pueblo , County of Pueblo State of Colorado City of Pueblo (SEAL) (LEGAL NAME OF SPONSOR /COSPONSOR) Attest Title: City Clerk BY (SIGNATURE OF AUTHORIZED OFFICER) President of the Council, Pueblo,Colo (TITLE OF AUTHORIZED OFFICER) Executed in its name by its undersigned officer on this day of 1 19 in , County of State of (SEAL) (LEGAL NAME OF COSPONSOR) BY Attest. Title: (SIGNATURE OF AUTHORIZED OFFICER) (TITLE OF AUTHORIZED OFFICER) Executed in its name by its undersigned officer on this day of in , County of State of (SEAL) Attest: Title: PAGE 6 OF AGES ,19 , (LEGAL NAME OF COSPONSOR) BY (SIGNATURE OF AUTHORIZED OFFICER) (TITLE OF AUTHORIZED OFFICER) CERTIFICATE OF SPONSOR'S ATTORNEY ' I, , acting as Attorney for City of Pueblo, Pueblo Colorado (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 End 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 Colorado 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 Pueblo, Colorado this day of 19 . (Signature) Attorney,'City of Pueblo, Colorado (Title) FAA Form 5900-1 PG 6 (r•n)