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Res 1993-113
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Res 1993-113
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7/3/2007 10:55:51 AM
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7/3/2007 10:55:51 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1993-113
Date
6/14/1993
Volume Book
111
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<br /> foC <br />7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent <br /> fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other <br /> manner in any project upon which Federal funds have been expended. For the purposes of this <br /> grant agreement, the term "Federal funds" means funds; however, used or disbursed by the <br /> sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall <br /> obtain the approval of the Secretary as to any determination of the amount of the Federal share <br /> of such funds. It shall return the recovered Federal share, including funds recovered by <br /> settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, <br /> all documents and records pertaining to the determination of the amount of the Federal share <br /> or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All <br /> settlements or other final positions of the sponsor, in court or otherwise, involving the recovery <br /> of such Federal share shall be approved in advance by the Secretary. <br />8. The United States shall not be responsible or liable for damage to property or injury to persons <br /> which may arise from, or be incident to, compliance with this grant agreement. <br />9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or <br /> subcontractor to acquire any steel or manufactured products produced outside the United States <br /> to be used for any project for airport development or noise compatibility for which funds are <br /> provided under this grant. The sponsor will include in every contract a provision implementing <br /> this special condition. <br /> . <br />10. It is mutually understood and agreed that if, during the life of the project, the FAA determines <br /> that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, <br /> whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA <br /> advising of the budget change. Conversely, if there is an overrun in the eligible project costs, the <br /> FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen <br /> (15%) percent limitation OR 25 PERCENT OF THE TOTAL INCREASE IN ALLOWABLE <br /> PROJECT COSTS ATTRIBUTABLE TO THE ACQUISmON OF LAND OR INTERESTS <br /> IN LAND, WHICHEVER IS GREATER, and will advise the sponsor by letter of the increase. <br /> Upon issuance of either of the aforementioned letters, the maximum obligation of the United <br /> States is adjusted to the amount specified. ' <br />11. The property map referred to on Page 1 of this Grant Agreement is the Property Map, <br /> Exhibit "A", dated May 28, 1993, attached to the Application for Federal Assistance attached <br /> hereto. <br />12. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and <br /> specifications approved by the FAA on May 12, 1993. <br />13. The Sponsor agrees to perform the following: <br /> a. Furnish a construction management program to FAA prior to the start of construction which <br /> shall detail the measures and procedures to be used to comply with the quality control <br /> provisions of the construction contract, including, but not limited to, all quality control <br /> provisions and tests required by the Federal specifications. The program shall include as <br /> a mmlmum: <br />FAA Form 5100-37 (10-89) Development or No~ Program Page 3 of 6 Pages <br />
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