HomeMy WebLinkAbout6521RESOLUTION NO. 6521
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
AIRPORT DEVELOPMENT AID GRANT OFFER, AIP PROJECT
NO. 3 08 0046 10 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:
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.
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.
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.
A true copy of the Grant Offer referred to is
attached hereto, incorporated herein, and by reference made a part
hereof.
INTRODUCED March 26, 1990
BY DR. GILBERT GARBISO
Councilman
APPROVED:
ATTEST: ' ► ""�C
? President of the City Council
C ty Clerk
* * * * * * * * * * * * * * * * * * * * **
I, Marian D. Mead, City Clerk of the City of Pueblo,
Colorado, do hereby certify that the above is a true and correct
copy of Resolution No. adopted by the Council of Pueblo
on March 26, 1990 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 26th day of
March, 1990.
(SEAL)
i
f
City Clerk
U.S. Department
of Transportation
Grant Agreement
Federal Aviation
Administration Part I - Offer
Date of Offer MAR 0 7 1990
Pueblo Memorial Airport
Project Number: 3 - 08- 0046 -10
Contract Number: DOT FA90NM -1010
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 December 4, 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:
Level and resurface Runway 17/35
all as more particularly described in the Project Application.
Whereas this project will not be completed during fiscal year 1990, and the total U.S. share of the
estimated cost of completion will be $939,432;
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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 $469,716. 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
$469,716 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, 1990,
or such subsequent date as may be prescribed in writing by the FAA.
2
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 areement. 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 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 Act.
Under section 512(a) of the Act, 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 1991 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 Acts 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 1991. The parties agree that upon its issuance, this letter shall be considered
incorporated by reference into, and part of, this agreement.
10. The sponsor will carry out the project in accordance with
specifications approved by the Secretar Policies, standards, and
listed in the "Current FAA Advisory Circulars or A PuProjects," da to he advisory circulars
included in this grant, and in accordance with applicable state PoOctober 31, licies, standards, ards, and
specifications approved by the Secretary. Po and
3
11. The sponsor agrees to request cash drawdowns on the letter of credit only 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.
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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 26 th day of March 19 90
CITY OF PUEBLO, COLORADO
(SEAL) By: --\ u� � VI
Sponsor's Designated Official Represe'i tative
Michael Occhiato
Attest: A Title: P resident of the City Council
' M6.rian D. Mead
Title: City C lerk
Thomas E. Jagger
I,
Certificate of Sponsor's Attorney
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 26th day of
March
19 90
__ /G
Sig u of Sponsor's Attorney