Loading...
HomeMy WebLinkAboutR-04-56RESOLUTION NO. R-04-56 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION GRANT TO REPAIR MAINTENANCE HANGAR, FENCING AND GATES, AND RUNWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the FAA has approved to provide funding to "repair maintenance hangar, repair and replace fencing and gates, repair and replace 400 linear foot of fence, repair runway;" and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached HURRICANE GRANT AGREEMENT, Project No. 12-0145-E1- 2005, entitled the "Project" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Coniglio . The motion was seconded by Councilmember Monier upon being put into a vote, the vote was as follows: and, Mayor Nate McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of December , 2004. ATTEST: CITY OF SEBASTIAN, FLORIDA "M~y~r N~te McCollum Approved as to form and City Attorney o u.s. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer: November 10, 2004 Sebastian Airport Project No. 12-0145-E1-2005 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 October 22, 2004, for a grant of Federal funds for a project at or associated with the Sebastian 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: "Repair maintenance hangar, repair and replace fencing and gates, repair and replace 400 linear foot of fence, repair runway" all as more particularly described in the Project Application. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Public Law 107- 117" herein called "the Act", and in consideration of (a) the Sponsor's 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, 100 per centum thereof. 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 $338.000. 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. For the purposes of this grant, allowable costs will be reduced by any amount for which the Sponsor receives funds from another entity for the facility, including but not limited to, another Federal agency, insurance company, or state and local entities. 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. In the event the Sponsor receives funds from another Federal agency, insurance company or other entity for this project, it shall promptly notify the FAA. 5. 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. 6. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. 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 December 15. 2004, or such subsequent date as may be prescribed in writing by the FAA. 8. 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 dispersed 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 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. 9 The United States shall not be responsibie or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. It is hereby understood and agreed that: a. The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Order 11246 - Equal Employment Opportunity1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 Executive Order 12898 - Environmental Justice 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federai financial assistance. 1 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace(grants). 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. OMB Circular A-8? - Cost Principles Applicable to Grants and Contracts with State And Local Governments. OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations b. The Sponsor assures that It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. c. The Sponsor agrees it will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such' performance by the sponsor. This shall be done in a manner acceptable to the Secretary. d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. e. The Sponsor agrees it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. f. The Sponsor agrees it will comply with such rules as are promulgated to assure that rio person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 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 FEDERA VIATION AD ISTRATION ~ . J-.. W. Dean tringer Manager, Oriando Airports District 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 8th day of December ,2...QQ9..... (SEAL) ~ 12-11~ Sally ~iO' MMC, City Clerk Title City Manager Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY s+~<v\ S~. V certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of ~ Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duiy 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 Sebas tian, Florida I, ~I~h , acting as Attorney for the Sponsor do hereby Title City Attorney