Loading...
HomeMy WebLinkAbout65-86 RESOLUTIONRES011MO 1 NO. (S=AF A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR IMPROVEMENTS TO THE TERMINAL APRON AND TAXIWAY AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THEBDARD OF DIFECTORS OF : r CITY OF That the Mayor and City Clerk are hereby authorized and directed to execute a $765,000.00 grant agreement with the Federal Aviation Administration for improvements to the terminal apron and taxiway at the Fayetteville Municipal Airport. A copy of the grant agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of June , 1986. APPROVED By: Mayor PYMY7{yll �r Page 1 of 5 pages .11 GRANT AGREEMENT FOR DEVELOPMENT PROJECT Part 1 -Offer Date of Offer JUN 2 1986 Airport Drake Field Project No. 3-05-0020-08 Contract No. Du'T FA 86 SW -3807 TO: The City of Fayetteville, Arkansas (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 May 12, 1986 for a grant of Federal funds for a project for development of the Drake Field 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: Reconstruct portion of parallel taxiway (approximately 40' x 1320'); expand terminal apron (approximately 8,200 sy) including relocation of existing and new lighting and fencing; overlay.a portion of.the parallel and connecting taxiways (approximately 8,600 sy), all as more particularly described in the property map and plans and specifications incor- porated in the said Application for Federal Assistance, whereas this project will. not be completed during fiscal year 1986 and the total estimated cost.of completion will be $850,000 of which the federal share is $765,000; FAA Form 5100-37 (10-84) Development or Noise Program Page 2 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, 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, 901; 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 $ 765,000.00 . 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: for land acquisition $ 765,000.00 for airport development or noise program implementation (other than land acquisition). 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. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States share. 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. Page 3 of 5 pages 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 60 days from issuance 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 judgment, to the Secretary. It shall furnish to the Secretary, upon request, all..documents and records per- taining 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. The property map referred to on Page 1 of the grant agreement is the property map, Exhibit A. incorporated into grant agreement for project 3-05-0020-07, 10. The plans and specifications referred to on Page 1 of this grant agreement are the plans and specifications approved by the FAA on January 24,1986 for the reconstruction of a portion of parallel taxiway expansion of the terminal apron including relocation of existing and new lighting and fencing; the sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or commence construction for the items of airport development relating to the overlay of the parallel.and connecting taxiways to be accomplished under this project, until it has submitted final plans and specifications satisfactory to the Administrator and such plans and specifications have been approved, It is further understood that the United States will not make nor be obligated to make any payment for such items of airport development under this grant agreement until the sponsor has submitted such plans and specifications and they have been approved as herein provided. The sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 90 days from the date of this grant agreement. Page 4 of 5 11. Notwithstanding the provisions of standard condition No. 1 the maximum obligation of the United States payable at this time under this offer shall be $422,787.00 from funds appropriated for FY 1986, under the Airport and Airway Improvement Act of 1982. 12. Pursuant to Section 512 of the Airway Improvement Act, and at the sponsor's request,the FAA does hereby commit 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, not to exceed the apportionment(s) made to the sponsor for FY(s) 86 and 87 pursuant to Section 507(a)(1) of said Act, and subject to the restrictions now or hereafter imposed on the FAA on use of such apportionment by, but not limited to, Appropriation Acts now or hereafter enacted. The exact amount of this commitment will be established in an amendment to this grant that will be duly executed by the parties hereto when such computation and obligation can be made in FY 87. It is further understood by the parties hereto that this commitment does not in itself obligate, preclude nor 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 Sponsor's acceptance of this Offer and ratification and adoption or the rrolecc Applicat.ion,.igcorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinaften 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 AJnINISTRATIONi i Bi 11 T,.lorzrd, Manager, Oklahoma Cita irports (Title) Dis:.rict '.ffi^_e, =AA, :=or 0 s le^i r 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 day of 19 86 'be City of Fayetteville, Arkansas me o 0 or) By (SEAL) (Sponsor's DesLgna d Official Representative) Title Mayor Attest: at Title: City Cl rk 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 Arkansas 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 Fayetteville, Arkansas this day of 19 86 r?gture of Sponsor's Attorney