Loading...
HomeMy WebLinkAbout16-92 RESOLUTIONRESOLUTION NO. 16-92 A RESOLUTION ACCEPTING FEDERAL GRANT OFFER 13- 05-0020-16 IN THE AMOUNT OF $281,580 FOR REHABILITATION OF THE EXISTING MEDIUM INTESITY RUNWAY/TAXIWAY LIGHTING SYSTEM AND THE INSTALLATION OF GUIDANCE SIGNS TO COMPLY WITH THE NEW FAR PART 239 REGULATIONS. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section 1. That the Board of Directors hereby authorizes the acceptance of Federal Grant Offer #3-05-0020-16 in the amount of $281,580 for rehabilitation of the existing Medium Intensity Runway/Taxiway Lighting System and the installation of guidance signs to comply with the new FAR Part 139 Regulations A copy of the grant authorized for execution is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of February , 1992. ATTEST: By City Cle'k APPROVED: By Mayor GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1 -OFFER Date of Offer: ` • • V .._ Project No. 3-05-0020-16 Airport: Drake Field Contract No. DOT FA 92 SW -8026 TO: 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 bas submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated November 22, 1991, 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 Rehabilitate existing MIRL and MITL; Install guidance signs. all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FM Form 510017 (10-99) development or Nobe Proq'ur Page 1 of 5 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 198Z 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, Ninety (90) percentum 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 $281,580. 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 which 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 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. 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 pari of the costs of the project unless this offer has been accepted by the sponsor on or before 30 days from issuance or such subsequent date as may be prescribed in writing by the FAA. FM Form M00-37 (10-0x7 De oWoman( or boor" Program Page 2 of 5 Pages 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. 9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the gram amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 11. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required. 1t is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached to the Grant Agreement for Project No. 3-05-0020-15. 13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on August 23, 1991. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application rAA Form 5100-37 (1049) Oawbpmefa Of Wane Program Page 3 of 5 Pages 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 11( keif Manager. Arkansas/Louisiana Airport Development 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 47,1-1/4 day offd , 19 tL (SEAL) Attes cm/44j Title: athie- CITY OF FAYh11EVILLE, ARKANSAS (Neme o1 sponsor) TitleGuizt) FM Form 5' )-37 (10-48) Development of Noise Proven Page 4 of 5 Pages • CERTIFICATE OF SPONSOR'S ATTORNEY •TRRRY R Rf RR , 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 FAYRTTPVTT.7.P AR this llthday of JANUARY ,19 42• 4 =•1 ming FM Rem 5100-37 (1089) Development or Noise Program Page 5 of 5 Pages