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HomeMy WebLinkAbout2007-104 Grant Agrmt - Federal Aviation Administration '3 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)