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HomeMy WebLinkAboutReso. 1987 - 292 - Accepting a federal aviation administration (FFA) grant affer for project no. 3-06-0194-07 to reconstruc a small agrea of taxiway "D" 11 • a411 RESOLUTION NO. x7 y2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ACCEPTING A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER FOR PROJECT NO. 3-06-0194-07 TO RECONSTRI4 T A SMALL AREA OF TAXIWAY "D, " INCLUDING MARKING; CONSTRUCT A HOLDING APRON FOR RUNWAY 12 , INCLUDING MARKING; INSTALL PAPI (RUNWAY 34) ; AND EXPAND GENERAL AVIATION APRON AND TAXIWAY, INCLUDING MARKING, AT THE REDDING MUNICIPAL AIRPORT, AND AUTHORIZING THE CITY MAYOR TO EXECUTE ACCEPTANCE OF SUCH GRANT OFFER AND SIGN APPROPRIATE DOCUMENTATION TO OBTAIN STATE LOAN MATCHING FUNDS. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . The City of Redding hereby accepts Ithe Grant Agreement/Offer dated September y , 1987 , for the Redding Municipal Airport/Planning Area, Contract No. DTFA08-87-C-30283 , I attached hereto, from the United States of America (acting through the Federal Aviation Administration) in the amount of $248 , 850 .00 for the purpose of obtaining federal aid under AIP Project No. 3-06-0194-07 in the development of the Redding Municipal Airport as set forth in said Agreement; 2 . The City Mayor of the City of Redding is hereby authorized and directed to sign the Acceptance of said Grant Agreement/Offer on behalf of the City of Redding, as well as appropriate documentation to obtain State loan matching funds; and 3 . The City Clerk is hereby authorized and directed to attest the signature of the City Mayor and to impress the N IV • 4111 ' official seal of the City of Redding on (a) the , aforesaid Acceptance of the Grant Agreement/Offer dated September 1 , 1987 , 1 and (b) the necessary documentation to obtain State loan matching funds. I HEREBY CERTIFY that the foregoing Resolution was adjourned introduced and read at a regular. /meeting of the City Council of the City of Redding on the 29th day of September , 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Gard, Johannessen and Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Fulton li ABSTAIN: COUNCIL MEMBERS : None C)---\--4.24.4--1 4 MIKE DAHL, Mayor j City of Redding ATTEST:�f� ��-, p = 0 _. ETHEL A. NICHOLS, City Clerk l FORM PPROVED: RA DALL A. HAYS, ity Attorney -2- US.Deportment • of Transportation Grant Agreement tfederal AviationPart 1 - Offer +I Administration Approved:OMB No. 2120-0065 Date of Offer September 1, 1987 Redding Municipal Airport/Planning Area Project Number: 3-06-0194-07 Contract Number: DTFA08-87-C730283 • To: City of Redding, California (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 July 27, 1987,fpr a grant of Federal funds for a project at or associated with the Redding Municipal Airport/Planning Area 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 or Planning Area (herein called the "Project") consisting of the following: "Reconstruct small area of Taxiway "D" (approx. 13,000 S.F.) including marking; Construct holding apron for Runway 12 (approx. 53,600 S.F.) including marking; Install PAPI (Runway 34) ; Expand general aviation apron and taxiway (approx. 8,600 S.F.) including marking." all as more particularly described in the Project Application. FAA Form 5100-37 (12-84) Page 1 of 3 pages il,Now therefore, pursuant to and foal purpose of carrying out the provisions o 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 sad 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 percenturn of 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$248,850.00 . 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: $ —0— for planning $ —0— for land acquisition $ 248,850.00 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 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 September 30, 1987 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 pertaining to the determination oflthe 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,and the sponsor shall hold the United States harmless from all claims arising from,or related to,completion of the project or the sponsor's continuing compliance with the terms,conditions,and assurances in this grant agreement. I - FAA Form 5100-37 (12-84) Page 2 of 3 pages • " The Sponsor's acceptance of this Offend ratification and adoption of the Project plication 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 r'' and the Sponsor with respect to the accomplishment of the Project and compliance with the ass rances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. United Sta es of America iFede I li- on Admini ration Western PacificIli- onArr MarneC 1HAEL J. MA IS - ager, San Francisco Airports District Office Title f Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agree- ments 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 . i CITY OF RIDDING, CALIFORNIA Name of Sponsor (CFA) 1 By Sponsors Designated Official Representative Attest: Title Title: 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 California .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 withfthe 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 this day of , 19 . signature of Sponsors Attorney FAA Form 5100-37 (12.84) Page 3 of 3 pages