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E/5. Resolution 4604 - Grant Acceptance and Budget AmendmentCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO: FROM: SUBJECT: MEETING DATE: Mayor Boharski and City Council Members Amy Robertson, Finance Director Chris Kukulski, City Manager FAA Grant -DOT-FAO I NM-2001 March 5, 2001 BACKGROUND: The City has received an FAA grant for the City Airport in the amount of $126,000. The resolution for your approval accepts the grant and appropriates the budget. The $126,000 grant requires a $14,000 match by the City. The City does not have $14,000 in the Airport operating fund. We have previously loaned the Airport Tif $40,000 from the General Fund. To date we have received $27,000 in tax revenue in the Tif district and will delay repaying the General fund and use $14,000 of those dollars for a match. We have an application in for a State grant for $7,000 which we hope to receive and use for part of the match. The purpose of the FAA grant is for planning for airport development. The appropriation needed is for the $126,000 to line item budget #2185-430-430300-930 Airport improvements. The $14,000 match will be coded to the same line item with a transfer of appropriation from the line item 840 redevelopment. The manager can authorize the budget transfer, the Council needs to ameri the budget by acceptance of the grant for $126,000. RECOMMENDATION: Adoption of Resolution 4604 accepting the grant and establishing the appropriation. FISCAL EFFECTS: Total new appropriation is $ 126,000. ALTERNATIVES: As suggested by Council. Amy . Robertson Chris A. Kukulski Finance Director City Manager Report compiled: February 27. 2001 RESOLUTION NO. 4604 A RESOLUTION TO AMEND THE ANNUAL APPROPRIATIONS OF THE CITY OF KALISPELL, MONTANA, AS SET FORTH IN THE 2000-2001 BUDGET ADOPTED BY THE CITY COUNCIL BY ACCEPTING AN FAA GRANT FOR PLANNING FOR AIRPORT DEVELOPMENT. WHEREAS, the City Airport is the recipient of a 2001 FAA Grant in the amount of $126,000.00 for the purpose of planning for airport development, and WHEREAS, the grant requires $14,000.00 in matching funds, which has not been budgeted for in the fiscal 2001 budget, and WHEREAS, tax revenue from the Airport TIF fund to date has been $27,000.00, a portion of which can be used for the $14,000.00 matching funds, using a transfer of appropriation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the City Council hereby accepts FAA Grant DOT-FA01NM-2001, in the amount of $126,000.00. SECTION II. That the budget line item for the Grant will be 2185-430-430300-930, Airport Improvements, and the line item for the budget appropriation will be 2185-430-430300-8480. SECTION III. This Resolution shall become effective immediately upon its passage by the City Council. PASSED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MARCH, 2001. Wm. E. Boharski Mayor Attest: Theresa White City Clerk DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - OFFER Date of Offer: January 31, 2001 Kalispell City Airport Project No: 3-30-0043-02 Contract No: DOT-FA01NM-2001 TO: City of Kalispell, Montana (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 15, 2001, for a grant of Federal funds for a project at or associated with the Kalispell City Airport, Kalispell, Montana, 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: Conduct Airport Site Selection Study and Environmental Assessment all as more particularly described in the Project Application. Page 1 of 5 Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., subtitle VII, Part B, 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, 90.00 percent. 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 $ 126,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under Title 49, U.S.C., section 47108 b , the following amounts are being specified for this purpose: $ 126,000.00 for planning $ for airport development and 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 Title 49, U.S.C.. subtitle VII, Part B. 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 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. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. Page 2 of 5 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 28, 2001, 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 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. 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. SPECIAL CONDITIONS 9. The Sponsor shall provide for audit of this grant project to be made in accordance with Office of Management and Budget Circular A-133. Page 3 of 5 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 Title 49, U.S.C., subtitle VII, Part B, constituting the contractual obligations and rights of the United States and the Sponsors 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 xa-t,tw ? .ego- DAVID P. GABBERT, MANAGER HELENA AIRPORTS DISTRICT OFFICE Page 4 of 5 V 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 day of , 2001 City of Kalispell, Montana (Name of Sponsor) ALIT"', t''q 1''�' � .'•{� .) F` A.T •.. ���P\\' (Sponsor's Designated Official Representative) Title: G/TN /�ANAG�� Title: C/ ry CLE/ZK v CERTIFICATE OF SPONSOR'S ATTORNEY I, G Lew 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 Montana. 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 Title 49, U.S.C., subtitle VII, Part B. 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. i Dated at �"2�24 Mr this day o/f� �, 2001 / ) I Page 5 of 5 of Sponsor's Attorney