HomeMy WebLinkAboutResolution 2009 - 02 Airport Master Plan GrantLXBU
CITY OF
'r
REXBURG
V' 1
''01 Americas Family Community
Resolution 2009 — 2
"FAA Grant — Airport Study"
Project Number: 3-16-0031-009
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
January 8, 2009, for a grant of federal funds for a project at or associated with the Rexburg -
Madison County 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: to conduct an airport master plan update (Phase 1); all
as more particularly described in the Project Application.
NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions
of Title 49, United States Code, 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 cost incurred in
accomplishing the Project, ninety-five (95) percent of all allowable project cost with a maximum
obligation offer of $98,693.00 for planning.
1. That the Agreement for the FAA Grant —Airport Study is hereby approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on
behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the FAA and all other
involved organizations.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS O4rx
DAY OF FEBRUARY, 2009.
�`—
SHAWN LARSEN
I►t_ * e '
ATTEST:
Instrument # 351955
REXBURG, MADISON, IDAHO
2-19-2009 04:37:21 No. of Pages: 10
�BIRKAY Recorded for : CITY OF REXBUR
MARILYN R. RASMUSSE Fee: 0.00
CITY CLERK Ex-Officio Recorder Depu Y
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called
special meeting of the City Council, City of Rexburg, held on February 04, 2009.
BLAIR D. KAY
CITY CLERK
C43
U.S. Department
of Transportation
Federal Aviation
Administration
January 26, 2009
Federal Aviation Administration
Northwest Mountain Region
Mr. John Millar
Public Works Director/City Engineer
City of Rexburg
P.O. Box 280
Rexburg, Idaho 83440
Dear Mr. Millar:
Grant offer for
Rexburg -Madison County Airport
Rexburg, Idaho
Project Number: 3-16-0031-009
Enclosed are two copies of the subject grant offer. Please note that:
Seattle Airports District Office
1601 Lind Avenue, S.W., Suite 250
Renton, Washington 98057-3356
a. The grant offer must be accepted by the sponsor on or before February 12, 2009.
b. The grant offer must be accepted by an official authorized by the governing
agency to do so.
The "Certification of Sponsor's Attorney" relates to the acceptance and,
therefore, must be made after the Sponsor's acceptance.
d. After execution is completed, please fax a copy of the grant
agreement to our office at (425) 227-1650 not later than February 12,
2009, and, also, return an executed copy to this office by mail.
All applicable project -related requirements pertaining to environmental analysis and approval for
this grant have been met in accordance with the guidelines contained in FAA Order 5050.413,
Airport Environmental Handbook.
If you have any questions in regard to acceptance of the grant offer, please contact your project
manager.
Sincerely,
Carol Suomi
Manager, Seattle Airports District Office
Enclosures
cc: Idaho Department of Transportation, Aviation Division
09
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 5 pages
Grant Agreement
Part 1 - Offer
Date of Offer: January 26, 2009
Rexburg -Madison County Airport
Rexburg, Idaho
Project Number: 3-16-0031-009
Contract Number: DOT-FA09NM-0011
To: City of Rexburg, Idaho (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 January 8, 2009, for a grant of
Federal funds for a project at or associated with the Rexburg -Madison County Airport which Project
)plication, 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:
Conduct an airport master plan update (Phase 1);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 5 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
3urances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and
ko) 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-five (95)
percentum of all allowable Project costs.
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 $98,693.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of
the United States under the provisions of Section 47108(b) of the Act, the following amounts are
being specified for this purpose:
$98,693.00 for planning
$ 0.00 for airport development or noise program implementation
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 provisions of 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.
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 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.
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 February 12, 2009, 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 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.
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 5 pages
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.
9. Trafficking in persons:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not —
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subreceipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either ---
A. Associated with performance under this award; or
B. Imputed to your or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"
as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that
is a private entity —
1 . Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph a.1 of this award
term through conduct that is either —
Associated with performance under this award; or
Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 5 pages
Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104 (g)), and
Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
Special Conditions
11. It is understood and agreed by and between both parties that no work shall commence in the grant
until the scope of work is approved in writing by the FAA.
12. This Phase I grant is intended to be the first phase of a two-phase project. The negotiation of the
workscope and independent estimate will be completed with sufficient time to properly apply for a
Phase II grant prior to August 15, 2009. The Phase II grant funding will be the difference in funding
necessary for the Federal share of the entire project less the Phase I funding, subject to available
Sponsor entitlements. The FAA makes no commitment of funding beyond the Sponsor's available
entitlements pursuant to law. If the negotiated workscope and independent estimate are not
acceptable, or sufficient funding is unavailable, the FAA has the option to close this grant and
recover the funds.
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 5 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 comprise a Grant Agreement, as provided by the Act constituting the contractual
5gations 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
FEDERAL AVIATION ADMINISTRATION
Suomi, Manager, eattle Airports District Office
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.
................ day of .... (`4+,Q,!'vI . . Executed t�' . �� . y �C,A.. ................ 2009.
��``\�\ I it�uluun///� City of Rexbijrg, Idaho
R �
Q............... eG
mac`'` �.PORgT
S. �'`: By..... . . .. Representative
......................
�a = Sponsor's Designated Official
Title.....................................
Title:.'''o,:.... ��� �!t rl ...... .
CERTIFICATE OF SPONSOR'S ATTORNEY
I, . �1 `�^' 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 Idaho. Further, I have examined the foregoing Grant Agreement and the actions taken 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.
P � .............. day of .....:� " ...., 2009.
Dated at ... y. •�. U.. \............... this .. S .... �-�
......... .......... .... . .
ignature of Sponso s Attorney
-AA Form 5100-37 PG 5 (10-89)
���cy❑�ERa
Send Result Report
MFP
Completed
Document : doc20O9O219154743
No. Date and Time Destination
001 02/19/200915:48 14252271650
Times Type Result Resolution / ECM
0°01'48" FAX OK 200x200 Fine / On
LLhh\LL+kk\LUk{+\\\U+i.UTT\LLLLLLLULL\\\\LLLhkh\L� 11\'i \LLLUC+111\YvL+MLhhti\L\CvL1hLU�\hLLU1\\{\+h+}hS11\\L\LULti\LLL\LLLLLLh1114t+:\LLLhLhhh+lh+ati 11hh1\LLL\�h\\\4^ALLLLLLLLLLLLLLLLLLL\LLLLLLLti\.+1h1\\-:i:A�A111\1\�SO.Lhti•U0.11UL\\ Jh\LLLL�.\LLLLU
oe rvxeuec
p �QQ CITY OF
12 North Center, Rexburg ID : Phone208.359.3020 c!►REXBURG
Fax=xnxburg.org Fax.•208.359.3022 i.,F. ilyC°'—ify
To: e 4-
From:
cal h -.soh
Fax:
Pages:
Phone: i - 2 _ 22 -7- ZG q 7
Date:
2 l9 0
Re:
cc:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Comments: