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HomeMy WebLinkAbout6206RESOLUTION NO. 6206 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT DEVELOPMENT AID GRANT OFFER, AIP PROJECT NO. 3 08 0046 07 FROM THE UNITED STATES OF AMERICA RELATING TO THE DEVELOPMENT OF THE PUEBLO MEMORIAL AIRPORT; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, THAT: SECTION 1: The City of Pueblo shall accept the Airport Development Aid Grant Offer from the United States of America for the purpose of obtaining Federal Aid for the development of Pueblo Memorial Airport and that such Grant Offer shall be as attached hereto. SECTION 2: The City of Pueblo does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in the Application for Federal Assistance which is incorporated by reference in said Grant Offer. SECTION 3: The President of the City Council is hereby authorized and directed to execute said Airport Development Aid Grant Offer on behalf of The City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. SECTION 4: A true copy of the Grant Offer referred to is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED JUNE 13, 1988 BY MICHAEL OCCHIATO COUNCILMAN APPROVED: P SIDENT OF THE CITY COUNCIL * * * * * * * * * ** I. MARIAN D. MEAD, CITY CLERK OF THE CITY OF PUEBLO, COLORADO DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF RESOLUTION NO. 6206 ADOPTED BY THE COUNCIL OF PUEBLO ON JUNE 13. 1988. AND THAT I AM ENTRUSTED WITH THE SAFEKEEPING OF THE ORIGINAL. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE CITY OF PUEBLO, COLORADO, THIS JUNE, 1988. 13TH DAY OF Of " i 11.4al, Imo (SEAL) U.S. Department of Transportation Grant Agreement Federal Aviation Administration Part 1 — Offer Date of Offer MAY, 2 4 Pueblo Memorial Airport Project Number: 3 -08- 0046 -07 Contract Number: DOT —FA88 -1011 To: City of Pueblo, Colorado (herein called the "Sponsor ") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA ") Whereas. the sponsor has submitted to the FAA a Project Application dated April 20, 1988, for a grant of Federal funds for a project at or associated with the Pueblo Memorial Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof: and Whereas, the FAA has approved a project for the Airport (herein called the "Project ") consisting of the following: Grade safety area for Runway 17 approach. all as more particularly described in the Project Application. 1 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, 90.00 percent. 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 $137,974. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $- 0 - for planning $137,974 for airport development and noise program implementation 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 such 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 delay 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 June 30, 1988 or such subsequent date as may be prescribed in writing by the FAA. 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 responsib ?e or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. The sponsor shall provide for audit of this grant project to be made in accordance with Office of Management and Budget Circular A -128. 3 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 Federal Aviation Administration — "aft �g 2" " Manager, Denver Airports District Office 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 13TH day of JUNE 19 88 CITY OF PUEBLO, COLORADO (SEAL) Attest: Title: ITY CLERK By Spon or's Designated Official Representative Title: P SIDENT OF THE CITY COUNCIL Certificate of Sponsor's Attorney I THOMAS E. JAGGER , 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 Colorado. 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 PUEBLO, COLORADO this 13TH day of JUNE 1 9 88 Signature of Spon s "Attorney 4