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HomeMy WebLinkAboutResolution 2007-103 N.C.S. 06/18/2007 Resolution No. 2007-103 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT FAA AIRPORT IMPROVEMENT PROGRAM (AIP) 17 GRANT OFFER FOR TIIE PETALUMA MUNICIPAL AIRPORT WIIEREAS, the City of Petaluma has obtained an FAA Airport Improvement Program (AIP) 17 grant for $126,842, to be used for airport improvement projects; and, WIIEREAS, AIP Grants 14-17 have been earmarked for the Airport Hangar Expansion Project; and, WHEREAS, AIP 17 funds will be used to defray additional construction costs for the Hangar Expansion Project; and, WIIEREAS, the deadline for accepting and obligating the grant is June 20, 2007. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma authorizes the City Manager to accept and obligate the FAA AIP 17 grant funds for $126,842, (identified in Exhibit A, Grant Agreement AIP Project No. 3-06-0186-17, attached). REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the 7ro ed as to Council ofthe City of Petaluma at a Regular meeting on the 18°i day of Juue, 2007, ~ f rm by the following vote: City A • orney AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None ABSENT: None ,•r ABSTAIN: None - ya ATTEST: r ~ ' ^ ~ ~Td/ City Clerk Ma or Resolution No. 2007-103 N.C.S. Page 1 EXHIBIT A ~ ~ ~uN a~ 2007 U.S. Department Sart-Francisco-Airports-0istrict Office of Transportation 831 Mitten Road, Room 210 Federal Aviation Burlingame, California 9401D-1303 Administration June 5, 2007 CERTIFIED MAIL Mr. Michael Bierman City Manager City of Petaluma I1 English Street Petaluma, California 94952 Dear Mr. Bierman: Airport: Petaluma Municipal, CA; AIP Project No. 3-06-0186-17; Grant Offer Enclosed are two (2) original sets of the approved Grant Offer for the above project. Acceptance of the Grant Offer will obligate the Sponsor to accomplish the described development. The United States commits itself to participate in L-he allowable cost of the project not to exceed the amount shown on the Grant Offer. The offer must be accepted before or on June 20, 2007. Both sets of the Grant Offer must be signed, dated, certified and attested with stamp. Basic considerations are that members of the Sponsor's governing body know the full content of the Grant Offer and that the method of acceptance conforms to local law. The official of the sponsor authorized to accept the enclosed Grant Offer shall accept same by signing and date said offer. The Sponsor's attorney shall certify that the acceptance complies with all applicable laws and constitutes a legal and binding obligation of the sponsor by executing the °CERTIFCATE OF SPONSOR'S ATTORNEY". The date of said certificate shall be the same as, or later than the date of the execution. When the document is fully executed, certified, attested and appropriate seals are impressed, lease return one (1) executed set of the Grant Agreement to this office. Sincer y, Andre M. Richards Manager, Airports District Office Enclosures Resolution No. 2007-103 N.C.S. Page 2 GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: June 5, 2007 Recipient: Ciry of Petaluma (Herein called ["Sponsor"]) Project Number: 3-06-0186-17 Airport: Petaluma Municipal Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, Ninety-fve percent (95°/0) of the allowable costs incurred in accomplishing the project consisting of the fallowing: "Construction of new aircraft hangars (approximately 5 T-Hangars)." as more particularly described in the Project Application dated March 22, 2007. The maximum obligation of the United States payable under this Offer shall be $126,842.00 for airport development. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United 5 tes Code, herein called Title 49 U:S.C. Acceptance and execution of this ffer shall comprise a Grant Agr ~ne t, as provided by Title 49 U.S.C., constituting the contractual obligatio a rights of the nit Sues a d the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION anager, San Ftancisc .Airports District Office SPECIAL CONDITIONS The Sponsor agrees to comply with the Special Conditions as described in Attachment A. ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein, in the Project Application, and in the May 2007 "Terms and Conditions of Accepting Airport Improvement Program Grants" signed on Executed this day of , 20_ Signature of Sponsor's Designated Official Representative (Seal) 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 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'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 Title 49 U.S.C. 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. Executed this _ day of , 20_ Signature of Sponsor's Attorney Resolution No. 2007-103 N.C.S. Page 3 i ;I TT,1 CHAfENT . I GRANT SPEC7:1 L COND1T10~:S Project Number: 3-06-0186-17 Airport: Petaluma Municipal Airport 1. The sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbtusements and ro timely reporting of such disbursements as required. It is understood that failure to adhere to Utis provision may cause Ute letter of credit to be revoked. Under the pOweC and 2. Approval of Ute project included in this agreement is conditioned on Ute Sponsor's compliance with applicable air authOritY Conferred up011 and water quality standards in accomplishing project constructiou. Failure to comply with Utis requirement Wray thlS COUnCI~ by the Charter result in suspension, cancellation, or termination of Federal assistance under [his agreement. Oj~ Said Clty. 3. It is mutually understood and agreed [}tat if, during Ute life of the project, Ute FAA de[ennhtes that the ntaxunum grant obligation of Ute Llnited States exceeds the expected needs of Ute Sponsor by $25,OOD.00 or five percent (5%), whichever is greater, the maximum obligation of Ute United Slates can be unilaterally reduced by letter from Ute FAA advising oC the budgeLchange. Conversely, if Utere is an overrunnt the total actual eligible and allowable project costs, FAA may increase Ure rnaxhnunt grant obligation of the United States to cover the amomt[ of the overran not to exceed the statutory percent limitation and will advise the Sponsor by letter oC [he increase. It is further understood and agreed that if, during Ute life of the project, Ute FAA detemrines that a change in the grant description is advantageous and in Ute best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of Ute aforementioned letter, tither the grant obligation of the United States is adjusted to Ute amount specified or the grant description is amended to the description specified. d. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire. any steel or manufactured products produced outside [he United States to bz used for auy project for airport development or noise compatibility for which funds are provided under this grant. 5. In accordance wiUt Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a) may not be increased for a planning project; b) may be increased by not more Utan I S percent for development projects; c) maybe increased by not more than 15 perceu[ or by an amount not to exceed 2~ percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding.. 6. It is understood and agreed by andbehveen Ute parties hereto Utat this Grant Offer is made and accepted upon Utc basis of preliminary plans and specifications; and Ute parties agree that within 180 days from the date of acceptance of Ibis Grartt Otlbr, the Sponsor shall famish final plans and specifications to the FAA, that no construction work will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until Ute said final plans and specifications have been approved by ffie FAA; and the parties do further agree that any reference made in this Grant Offer or in the aforesaid Application to plans and specifications shall be considered as having reference [o said final plans and specifications as approved. 7. The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in Ute Runway Protection Zones: Existing Fee Title Interest in Ute Runway Protection Zone: The Spotuor agrees to prevent the erection or creationnf any structure or place of public assembly in the Runway Protection Zone, except for NAVATDS that are fixed by [heir functional purposes or any other structure approved. by Ute FAA. Any existing strticturzs or uses within the Runway Protection Zone will be cleared or discontinued unless approved by [he FAA. Existing Easement Interest in [he Rwnvay Protection Zone: The Sponsor agrees to take any and all steps necessary [o ensure that [he owner of Ute land within the designated Runway Protection Zone will not build any structure in Ute Rumvay Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling mtd storage facilities, smoke generatitg activities, or places of public assembly, such as churches, schools, office buildutgs, shopping centers, and stadiums. 8. Please note Utat this grant offermaybe funded al] or in part with fwtds from Ute Small Airport Ftind. Resolution No. 2007-103 N.C.S. Page 4