Loading...
HomeMy WebLinkAboutR-91-13RESOLUTION NO.: R-91-13 & RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYORAND THE CITY CLERK TO SIGNv ON BEHALF OF THE CITYv A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION~ (THE ~FAAWt)~ ACCEPTING THE GRANT OFFER MADE BY THE FAA IN A FORM IDENTICAL TO THE GRANT AGREEMENT ATTACHED HERETO AS EXHIBIT ~A~t~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, (the "FAA"), had made a Grant Offer pursuant to a Grant Agreement with respect to Project No. 3-12- 0145-02, Contract No. DTFA 06-91-A-80086, (the "Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the city Attorney has rendered an opinion to the City Council of the City of Sebastian (the "City Council") that acceptance of the Grant Offer of the FAA set forth in the Agreement would not violate Paragraph (7) of Section 1.02 of the City Charter of the City of Sebastian; and WHEREAS, the City Council has determined that accepting the Grant Offer of the FAA is in the best interest of the people of the City of Sebastian and that the Agreement serves a valid municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Agreement with the FAA referenced in the recitals. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.  e foregoing Resolution was moved for adoption by Councilman t. <~ . The motion was seconded by Councilman /~ and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck ~_~'~ Councilman Peter R. Holyk. Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this /~ day of ~~..~ , 1991. / ATTEST: Kathry~ M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA BY:~./E/.C/~onye~~yo'r (Seal) Approve~s to Form and Content: Cha~es ~an Nash, City Attorney 3 Page 1 of 6 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer 1991 Sebastian Municipal Airport Project No. 3-12-0145-02 Contract No. DTFA 06-91-A-80086 TO: City of Sebastian (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 May 25, 1990, for a grant of Federal funds for a project at or associated with the Sebastian Municipal 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 Sebastian Municipal Airport (herein called the "Project") consisting of the following: PREPARE INITIAL AIRPORT MASTER PLAN AND COMMUNITY COMPATIBILITY STUDY all as more particularly described in the Project Application. Page 2 of 6 Pages 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, ninety percent (90%). This Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be $182,000. For the purpose of any future grant amendments which may increase the fc, regoing 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: $ 182,000 $ - 0 - for planning for airport development or noise program implementation 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. 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 the costs. 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. Page 3 of 6 Pages The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. This offer shall expire and the United States 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 April 25, 1991 or such subsequent date as may be prescribed in writing by the FAA. 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 f6nds 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. 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. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant 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 FAA advising of the budget change. Conversely, if there is ~n overrun in the eligible project costs, FAA may increase the grant to cover the 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. Page 4 of 6 Pages 10. ~pecial Conditions Total costs associated with formulation of the study design and grant application are identified in Schedule D - Schedule of Fees as $21,750. This is approximately ten percent of total project cost and would represent $19,575 in federal assistance. FAA participation in this cost will be subject to FAA determination of eligibility, reasonableness and limited to actual expenses incurred, submittal of vouchers and justification for payment of the same. 11. FAA participation in costs associated with public hearings, if required, direct expenses such as travel, reproductions, communications, computer use and any optional costs will be eligible for reimbursement based on actual expenses incurred, submittal of vouchers and justification for payment of the same. 12. It is understood and agreed that any modifications or changes to the project scope must be approved by FAA at no additional cost to the Government. ].3, 14. ].5, It is understood and agreed that if Apogee Research forecast of aviation activity is used as the basis for the demand/capacity analysis and identification of development alternatives, it must be justified and submitted to FAA for approval as the "recommend" forecast for the airport. This action must be completed prior to proceeding with the identification and evaluation of development alternatives. It is understood and agreed that the 1987 Noise Contour Map presented in the December 1988 Master Plan is no longer "current" for use in this Study. Dn up-to-date analysis is pertinent. A current (1991) Noise contour Map and at least a five year projection of these noise contours, is required. In compliance with paragraph 2 of the Agreement in Principle between the city of Sebasti~,n, Florida and the Federal Aviation Administration dated June 8, 1989, it is understood and agreed that rather than reimburse the $27,908.55 previously expended under the AIP 3-12-0145-01 for the preparation of an airport Master Plan will be applied to this project by the City of Sebastian from other than federal funds. The City of Sebastian will also contribute an additional ten percent local share of $20,222 to match the federal grant amount of $182,000. Page 5 of 6 Pages 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 compose 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 wit}] the assurances and co~ditio,]s as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FE~AL AVIATION ADMINISTRAT,~ON Ma~9~_r, orlando Air~rt;s District office Page 6 of 6 Pages Part II - Acce~q..c~e 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 the Project Application. E×ecuted this 10th day of April _, 19 91 . City of Sebastian, Florida (SEAL) Kathryh M. O'Halloran, CMC/AAE Title: City Clerk Title Mayor CERTIFICATE OF SPONSOR'S ATTORNEY I, Charles Ian Nash the Sponsor do hereby certify: , acting as Attorney for That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida. 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 Sebastian this lOth day of April , 19 91 (Si9 r's Attorney) Charles Ian Nash City Attorney