HomeMy WebLinkAboutResolution - City Council - 79-102 - 1979-03-13F Finance
tI S D
RESOLUTION NO. 7 9 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESNQ
ACCEPTING A FEDERAL AVIATION ADMINISTRATION PLANNING
GRANT FOR THE FRESNO-CHANDLER DOWNTOWN AIRPORT.
Be it resolved by ` tk,e members of the City Council of the City of Fresno, California,
as follows:
Section 1. That the City of Fresno shall accept the Planning Grant Offer of
the United States of America in the amount of $26,594.70 for the purpose of obtain-
ing Federal -aid under Project No. A-06-0088-02 in the development of Fresno -Chandler
Downtown Airport; and
Section 2. That the Chief Administrative Officer of the City of Fresno is
hereby authorized and directed to sign the Statement of Acceptance of said Planning
Grant Offer (entitled Part 11 -- <Acceptance): on behalf of the City of Fresno, and
the City Clerk is hereby authorized and directed to attest the signature of the
Chief Administrative officer and to impress the official seal of the City of Fresno
on the aforesaid statement of Acceptance; and
Section 3. A true copy of the Planning Grant Offer: referred to herein is
attached hereto and made a part hereof.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO } ss .
CITY OF FRESNO
I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the
foregoing resolution was adopted by the Council of the City of Fresno, California.,
at a regular meeting held on the 13 t h day of Ma r c
1979.
JACEQULINE L KYLE
City Clerk
a
r i
KB:co
#7Am4W 140
, DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION PAGE OF PAGES
PLANNING GRAN`` AGREEMENT
.; PART t -- OFFER
DATEOF OFFER �G 23 1919
TYPE OF PLANNING GRANT:
n AIRPORT RASTER PLANNING FaR PROJECT NO3 A 0086-0
` p,=esno-0A@Ad1er Downtown A�Morl;
khy:I.rona Ares, CONTRACT �tO.J)0t.k L 1��9�""�0`��
AIRPORT SYSTEM PLANNING FOR
-
X V3 of xesn4 ou�a of �esno and. Rresnc 10o Ai o3!t Land Use Commissio
To:
(herein referred to as the "Sponsor"
FROM: 'rhe United States of America (actin; through the Federal Aviation Administration,, herein referred to as the
FAA
WHEREAS, the Sponsor has submitted to the FAA, an .Airport —Planning Grant Application
(Master or System)
dated A11MLOt 49 1278 (herein called the "Planning Application"), for a grant of funds
for a project for the development for planning purposes of information and guidance to determine the extent, type, and
nature of development needed for kXR040=940and .er,^I QS 3�c t 1 A port RMvixgnz Area
,t (airport area namee andlorxocationj
(herein called the AiMort which Plarraing Application as
{'airport or area]
approved b the FAA is hereby mco omted herein and made a art hereof, and WHEREAS, the FAA has approved a project
pp Y �' � � p � PP p 3
for the development of plans for the Ai oxt (herein called the "Planning project") consisting
fatrport or area)
of the following, approved airport 142Bte3Z planning:
(master or system)
Specific plans fox the environs axea of esno ,laan41erDo vatt?vn Aimp rt.
y.;
all as more particularly descn`bed in the t cription of Work Program incorporated in the said Planning Application,
FAR Foram 5900-1 PG I #1 text
PAGE 2 Or PA ES
4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development
Act of 1970, as amended, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said. Planning 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 airport klasteM
f master or systemi
planning included in the Planning Application, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share � 80.
percent of the allowable costs incurred in accomplishing the Planning Project, subject to the following terms and conditions.
The maximum obligation of the United States payable under this Offer :shall be S 26 70
2. The FAA, for and on behalf of the United States, may by written notice terminate or, suspend this grant in whole
or in part, or withhold payment, in the event that it ends that the Sponsor has:
a. Failed to comply with Federal law or with any of the terms and conditions contained; in this Planning
Grant Agreement,
b. Failed to carry out the Planning Project as approved
C. Made unauthorized or improper :use of grant funds
d. Submitted any application, report, or other document which contains a misrepresentation of a material
- . nature or is incorrect or incomplete in any material respect, or,
e. If for any reason continuation of the approved Planning Project is rendered impossible, ineligible, or illegal
The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the
notice of termination or suspension.. In such case termination or suspension shall not affect any otherwise valid
and allowable obligations made in good faith prior to receipt of notice of term at!on ox suspension,
3. The Sponsor shall;
a. Begin accomplishment of the Planning Project within 30 days after acceptance of this Offer,
with failure to do so constituting just cause for termination of the obligations of the United States here-
under by the FAA;
b. Carry out and complete the Planning Project without undue delay and in accordance with the terms
hereof, the Airport and Airway Development Act of JP70, and Sections 1 �2 * 1 21 i 152 • c f the
Regulations of the Federal Aviation ,Administration {____�?�.__ CFR 1� - n) in effect as of the date of
acceptance of this Offer, which Regulations are hereinafter referred to as the "Regulations";
C. Carry out and complete all planning 'work in accordance with the Description of Work Program, incorpo-
rated herein, or as it may be revised or modified with the approval of the FAQ. and in accordance with
design standards and planning criteria established by the FAA;
FAQ, Forth 6900-1 PG 2ti-71}
PAGE__3 of PAGES
4.
The allowable costs of the project shall, not include any costs determined by the FAA to be ineligible for consid-
eration as to allowability under Section 1 2 61 7 of the Regulations.
H -of the -prej
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 Planning
Project unless this Offer has been accepted by the Sponsor on or before Mar6h 31, 1979
or such subsequent date as may be prescribed in writing by the FAA.
8.
All. financial records pertaining to the Planning Project shall be made available to authorized representatives of the
FAA and the Comptroller General of the United States. in conformity to Section. 'l 2•M of the Regulations.
9.
The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports
and statements pertaining to the Planning Project and planning work activities and other related matters covered
hereunder.
-� e
-term! - ltie
11.
The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcon-
tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed
scope and cost of the professional services.
12.
The FAA reserves the right to disapprove the use of professional level employees of the Sponsor- when such em-
ployees are designated by the Sponsor to do all or part of the Planning Project,
13.
All published material such as reports, maps, and other documents prepared in connection with the Planning
Project and planning work activities shall contain a standard notice that the material was prepared under an Airport
Xabter Planning Grant provided by FAA. The Sponsor shall mare these documents available
(Master or System)
for examination by the public.
In addition, no material prepared in connection with the Planning Project and planning work activities shall be
subject to copyright in the United States or in any .other country. The FAA shallhave unrestricted authority t
publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared
with Airport Planning Grant funds.
14.
The Sponsor agrees to conduct the Planning Project in compliance with all the requirements unposed by or pur-
suant to Title VI of the Civil Rights Act of 1964 and by fart 21 of the Regulations of the Office of the Secretary
of Transportation, as amended.
FAA Form S9DO.1 PG 3tx*vat
PAGE-1—OF —8PAGES
15. The Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the
approval of the final airport ulster planning report constitutes an assurance or commitment,
(master orsystem)
express or implied, by the FAA, that any airport development or unit thereof shorn in the planning developed as
part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Nvelopment Act of 1970.
16. payment of thIa United States shexe of the Uo lowable project costs will be
accordance with the pro siOng Of far t 152 0f the
made 131= zant to and. i
i'edeval AvjatJOn Regulations. Final determination as to the al.lowabil ty
of Iche costs of the project will be made after finalaudit.
1 7 - The ,rant OOS to E:ffectaate the p'u-W-9oses of Section 30 of the Airport
and Airway Development Act of 1970 as amended., by aes= ng that minority-
business enterprises shorn have the maxims OPPOrtmitY to paxticipate in
e performance of contracts financed in whole car part with Feder.
Amde provided under this agreement. 'Fov the puzToses of this provisions
minority business' enterprise means a business enterprise that is oimod by,
or is controlled by, a socially or economically disadvantaged person or
persons &h disadvantages may arise from cult=a1,1 raclalt TeligiGust
sex, Z32ttional on , chronic ecoaaomio ciremsta ces o3 bac ound Or
other similar cause. Such persons may include, but are notlimited to,
blacks not of Hispanic on persons of Hisp .c 'ori ; Asians or
r
Pacific, i:sl.anders .& eTic= and Alaskan natives- Granteefurther
agrees to comply with stich regulations as may be issued by the Vederal
i
Aviation Administration 'fit? impl e`men t'`'r Section 30 Oi ' the ACT,.
FAA Form 590FO PG 4 (a®va)
PAGE OF _ $ PAGES
The Sponsor's acceptance of this Offer and ratification and adoption of the Planning Application inrp coorated
;.. herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer
' t� e Plannin Grant Agreement, as provided b
and Acceptance shall comprise an Airport g gr p y
(blaster or System)
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the. United States
r and -the Sponsor with respect to the accomplishment of the Planning Project. Such Airporte�
(Master or System}
t Planning Grant Agreement shall become effective ulaan the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL VI A.TION ADMINISTRATIO
(Title)
, -Oting Chief Aixpor u District Office
PAFT 11 - ACCEPTANCE
The of jexesnoy QgI4,; o= i a
(herein referred to as the "Sponsor") does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements contained in the Airport
(Master or Systems)
' Planning Grant Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Off
and by such acceptance agrees to all of the terms and conditions thereof.
Executed in its name by its undersigned officer on this day of , 39
in Hzesna , County of iitcesnq ,
State of (faicaia .
(SEAL) (LEGAL, NAME OF SPONSOR/COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest (TITLE OF AUTHORIZED OFFICER)
Title;
` Executed in its name by its undersigned officer on this day of. ,1
in
County of ,
State of .
(LEGAL NAME OF COSPONSOR
(SEAL)
BY.
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
(TITLE OF AUTHORIZED OFFICER)
_. Title;
fi
FAA Form 59MI PG 6 (1.71)
_
p Gi^ - �OF FACES
Executed in its name by its undersigned officer on this
day of 119 - —,
liI
County of
State of
SEAL)
(LEGAL NAME OF COSPONSOR)
BY
€SIGNATURE OF AUTHORIZED OFFICER)
'
l
Attest:
Title;
(TITLE OF AU'iHORiZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for Gitr oi: ilizesno
(herein referred to as the 'Sponsor") do
hereby certify:
That I have examined the, foregoing airport
Planning Grant .Agreement and the
(piaster or System)
proceedings taken by said Sponsor relating thereto,
and find that the Acceptance thereof by said sponsor has been duly
authorized and that the execution thereof is in all respects
€ ue and proper and in accordance with the lass of the StateW
and further that, in zny opinion,
Said airpolt Halt r
Planning Grant A ueemment
(Master or System)
constitutes a legal and binning obligation of the Sponsor in accordance with the terms thereof:
Bated at this
day of 19.��,..
f
V
3
t
I
'?
FAA Form 5900-3 PG 6
AdftL
PAGE 7 OF PAGES
Executed in its name by its undersigned officer on lUs day of
19-2
County oin
f ,
State of
(SEAL) ;L GAI NAME Or COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
Title; (TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY
r y acting as Attorney for County of bsrg_s .
I,
r,
therein referred to as the "Sponsor") do
hereby certify;
That I have examined the foregoing airport Iviase Planning Grant Agreement and the
]Master or System)
r proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said -Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s)
�y. Qf jualifox"ni . .�, and further that, in my opinion,
^` t
said airport : ter Planning Grant Agreement
(,Master or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof:
Dated at -- this day of ' 19
(Signature)
a s FAA Farm 5900-1 PG 6; (1-71) .
r*
PAGE OF '� PAGES
c
r
Executed in its dame by its undersigned officer on this day of I9----------,
County oin
R
State of
,Y
` (SEAL) (LEGALNAME OF COSPONSOR)
a
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest,
z -
Title; (TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOWS ATTORNEY
acting as Attorney for 102s ao uaunty A! ao t
. h
Land Use Cormttee. Galifomnia
.t-
(herein referred to as the "Sponsor'). do
hereby certify:
That I have examined the foregoing airport ilaster Punning Grant Agreement and the
(blaster or System)
proceedings ,talon by said Sponsor relating thereto, and find that the Acceptance thereof by said ;Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laves of the State(s)
of
C alifo=ia , and further that, in my opinion,
,It
said airport er Planning Grant Agreement
(Master or System] � {
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereofi
Dated at - this day of 19'
(Signature)
Otte)
=.: FAA Form 5900-9 PG 6 (1-71)