HomeMy WebLinkAbout2007-104 Grant Agrmt - Federal Aviation Administration
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U.S. Department
of Transportation
Federal Aviation
Administration
Federal Aviation Administration
Northwest Mountain Region
Seattle Airports District Office
1601 Lind Avenue. S.W.. Suite 250
Renton. Washington 98057-3356
May 16, 2007
Ms. Paula Brown
City Engineer/Public Works Director
City of Ashland
20 East Main Street
Ashland, Oregon 97520
RECEIVED
MAY ~.. ~ 'rru I
City of Ashland
Dear Ms. Brown:
Grant Offer for
Ashland Municipal-Sumner Parker Field
Ashland, Oregon
AlP Project Number 3-41-0002-007
Enclosed are two copies of the subject grant offer. Please note that:
a. The grant offer must be accepted by the sponsor on or before June 16,
2007.
b. The grant offer must be accepted by an official authorized by the
governing agency to do so.
c. 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 return an executed copy of the grant
agreement 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 5050.4B, Airport Environmental Handbook.
If you have any questions in regard to acceptance of the grant offer, please contact your
project manager.
~'ncereIYr fl .-J
· iU ~ {.)j evvvl
. Wade Bryant
Manager, Seattle Airports District Office
Enclosures
cc: Oregon Department of Aviation
------r--....--
r~
u.s. Department of Transportation
Federal Aviation Administration
Page 1 of 4 pages
Grant Agreement
Part 1 - Offer
Date of Offer: May 16, 2007
Ashland Municipal-Sumner Parker Field
Ashland, Oregon
Project Number: 3-41-0002-007
Contract Number: DOT-FA07NM-0011
To:
City of Ashland, Oregon (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 March 21, 2007, for a grant of
Federal funds for a project at or associated with Ashland Municipal-Sumner Parker Field 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:
Rehabilitate parking lot; Install automated weather observation system (AWOS);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 4 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
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, ninety-five (95)
percentum of all allowable Project costs.
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 $227,939.00.
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:
$ 0.00
$227,939.00
for planning
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 June
16,2007, 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
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 4 pages
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. It is mutually understood and agreed that if, during the life of the project, the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the
Sponsor the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overfund in the total
actual eligible and allowable project costs, FAA may increase the maximum grant obligation
of the United States to cover the amount of the overrun not to exceed the statutory percent
limitation and will advise the sponsor by letter of the increase. It is further understood and
agreed that if, during the life of the project, the FAA determines that a change in the grant
description is advantageous and in the best interests of the United States, the change in
grant description will be unilaterally amended by letter from the FAA. Upon issuance of the
aforementioned letter, either the grant obligation of the United States is adjusted to the
amount specified or the grant description is amended to the description specified.
10. The Sponsor must provide for the continuous operation and maintenance of any navigational
aid funded under the AlP during the useful life of the equipment and check the facility prior to
its commissioning to assure it meets the operational standards. The Sponsor must also
remove, relocate or lower each obstruction on the approach to provide for the adequate
lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77
determines that to be acceptable, and mark and light the runway as appropriate. The FAA
will not take over the ownership, operation, or maintenance of any Sponsor-acquired
equipment.
11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any projects for airport development or noise compatibility for which
funds are provided under this grant. The Sponsor will include in every contract a provision
implementing this special condition.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 4 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
obligations 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
By..l..'.;/~.k~................
J. ~~de Bryant, Manager, ~attle 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 Offertnd in the Project Application.
Executed this. . . . ~ . .~. . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2007.
City of Ashland, Oregon
By. . . . . . . . . . . . . . . . . . P~+t.'-t+.-.~ .tr>!"?t:t~~~ . .~.~"l
ponsor's Designated Official Representative
Title: . . t':tt~4l.C: W9~<5. PI.#(:.TG?~/. C<1:1f. H~~. . . .
fhAfh~1td ~crl ~~ WN 5 UtYt
A~est: . ~.. ~.....
Title:..... :"7....................
CERTIFICATE OF SPONSOR'S A TIORNEY
I, . . 8Icho.r:4. . Arfic.e 7lv. . . . . . . . . . . , 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 Oregon. 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.
Dated at.lM~,J,. .O'T" . . . . .. thiS....(p i1:. . . . . . . . . . . . . . day of. .J (M-P. . . . . . . . ., 2007
il~.....
Signature f
FAA Form 5100-37 PG 4 (10-89)