HomeMy WebLinkAbout6343RESOLUTION NO. 6343
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
AIRPORT DEVELOPMENT AID GRANT OFFER, AIP PROJECT
NO. 3 08 0046 09 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 MARCH 27, 1989
BY DR. GILBERT GARBISO
COUNCILMAN
APPROVED:
RESIDENT OF THE CITY COUNCIL
ATTEST:
CITY CLERK
* * * * * * * * * * * * * * * * * **
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. 6343 ADOPTED BY THE COUNCIL OF PUEBLO ON
MARCH 27, 1989 , 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 27TH DAY OF MARCH 1989.
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/lIlu A 2 < 14
(SEAL) CITY CLERK
U.S. Department
of Transportation
Grant Agreement
Federal Aviation
Administration Part 1 - Offer
Date of Offer MAR 2 4 1989
Pueblo Memorial Airport
Project Number: 3 -08- 0046 -09
Contract Number: DOT- FA89NM -1015
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 March 17. 1989, 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:
Rehabilitate a portion of Runway 17.35 (approx. 4000')
all as more particularly described in the Project Application.
Whereas this project will not be completed during fiscal year 1989, and the total U.S. share of
the estimated cost of completion will be $871,300.
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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 $732,683.
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
$732,683 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
March 31, 1989 or such subsequent date as may be prescribed in writing by the FAA.
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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.
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.
10. The maximum obligation for the current fiscal year stated in Condition 1 of this
agreement may be increased by the additional amounts, if any, added by the document
issued under the subparagraph below, but may not exceed the United States' share of the
total estimated cost of completion, except as provided in section 512(b) of the Airport
and Airway Improvement Act of 1982.
Under section 512(a) of the Act, as amended, and at the sponsor's request, the FAA
commits the United States to obligate an additional amount to this project for payment
of its share of the cost, in accordance with the terms hereof. This additional amount
will include all or part of the funds apportioned to the sponsor for FY 1990 under
section 507(a)(1) of said Act, subject to the restriction on the use of such
apportionments now or hereafter imposed on FAA by Appropriations Act now or hereafter
enacted, or by any other statute or regulation. It is further understood by the parties
that this commitment does not in itself obligate, preclude, or restrict the FAA in the use
of any funds made available for discretionary use under section 507 of said Act to
further aid the sponsor in meeting the cost of this project under the terms of this
agreement and limitations of law.
The exact amount of this commitment will be established for each fiscal year by the FAA
in a letter to the sponsor stating the current maximum obligation for this project. This
letter will be issued to the sponsor by FAA when such computation and obligation can be
made in FY 1990. The parties agree that upon its issuance, this letter shall be considered
incorporated by reference into, and part of, this agreement.
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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
.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 27TH
day of MARCH 19 89
CITY OF PUEBLO, COLORADO
(SEAL) By
Sponsor's Designated Official Representative
KENNETH F. HUNTER
Attest: Title: PRESIDENT OF THE CITY COUNCIL
9 R I AN THE AD
Title: CLERK
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 27TH day of MARCH , 19 89
Signature
nsor's Attorney
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