HomeMy WebLinkAboutC88-045 Grant Agreement with FAA 3-08-0020-08C88 -45 -17
U.S. Department
of Transportation
Grant Agreement
Federal Aviation
Administration Part 1 - Offer
Date of Offer APR 15 We
Eagle County Airport
Project Number: 3- 08- 0020 -08
Contract Number: DOT- FA88NM -1009
To: County of Eagle, Colorado
(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 December 15, 1987,
for a grant of Federal funds for a project at or associated with the Eagle 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:
The preparation of an Airport Master Plan Update
all as more particularly described in the Project Application.
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Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, herein called the "Act ", and /or the Aviation Safety and Noise
Abatement Act of 1979, 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 $28,215.
For the purposes of any future grant amendments which may increase the foregoing
maximum obligation of the United States under the provisions of Section 512(b) of the
Act, the following amounts are being specified for this purpose:
$28,215 for planning
$ -0- 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 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 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.
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 1, 1988 or such subsequent date as may be prescribed in writing by the FAA.
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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 judgement, 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 -128.
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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
— /�� �, 4, &,q"e�-J
Manager, Denver 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.
N G(
Executed this :;) day of May , 19 88
COUNTY OF EAGLE, COLORADO
BY AND THROUGH ITS BOARD OF COMMISSIONERS
(SEAL) , -E�z�. �.` " By
Sp?e-o-rgle is Desi nat O icial Representative
4' Attest: - Title: A. Ga es, Chairman
Title: Clerk to the Board of County
Commissioners
Certificate of Sponsor's Attorney
I James R. Fritze , 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 Colorado. Further, I have examined the foregoing Grant
Agreement and the actions taken by saidwSponsor 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 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 Eagle, Colorado, this d day of May 19 88.
ature of Sponsor *)Attorney
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