HomeMy WebLinkAboutC02-094 Federal Aviation Administrationn
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
TO: County of Eagle, Colorado
(herein called the "Sponsor")
Part I — Offer
Date of Offer: MM 2-6 W . .
Airport: Eagle County Regional
Project No: 3-08-0020-30
Contract No: DOT-FA02NM-1015
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 16,
2002, 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:
"Compensation to the sponsor for a portion of the direct costs associated with new,
additional, or revised security requirements imposed on the airport operator by the
Administrator on or after September 11, 2001."
as more particularly described in the Project Application, and protected as sensitive security
information under 49 CFR Part 1520.
NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable provisions
of Public Law 107-117, providing funds for "grants-in-aid for airports" for reimbursement to
airports of direct costs associated with additional or revised security requirements, herein called
"the Act", and in consideration of (a) the Sponsor's 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 terms 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, 100 per centum thereof.
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
$71,956.
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 FAA 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
FAA shall prescribe, and agrees to comply with the terms and conditions which
are made part of this grant offer.
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 May 1, 2002, 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 dispersed by the Sponsor that were
originally paid pursuant to this or any other Federal grant agreement. It shall
obtain the approval of the FAA 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 FAA. It shall furnish to
the FAA, 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 FAA.
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8. The United States shall not be responsible or liable for damage to property or
injury to persons that may arise from, or be incident to, compliance with this
grant agreement.
9. It is hereby understood and agreed that:
a. The Sponsor will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including
but not limited to the following:
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Order 11246 - Equal Employment Opportunity
Executive Order 12898 - Environmental Justice
49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
49 CFR Part 29 -- Government wide debarment and suspension
(nonprocurement)
and government wide requirements for drug -free workplace(grants).
OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts
with State
And Local Governments.
OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
b. The Sponsor assures that It has legal authority to apply for the grant, and to
finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including
all understandings, terms and conditions contained therein, and directing and
authorizing the person identified as the official representative of the applicant
to act in connection with the application and to provide such additional
information as may be required.
c. The Sponsor agrees it will not take or permit any action which would operate
to deprive it of any of the rights and powers necessary to perform any or all
of the terms and conditions in the grant agreement without the written
approval of the FAA, and will act promptly to acquire, extinguish or modify
any outstanding rights or claims of right of others which would interfere with
such performance by the Sponsor. This shall be done in a manner acceptable
to the FAA.
d. The Sponsor agrees it shall keep all project accounts and records which fully
disclose the amount and disposition by the recipient of the proceeds of the
grant, the total cost of the project in connection with which the grant is given
or used, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system
that will facilitate an effective audit in accordance with the Single Audit Act
of 1984.
e. The Sponsor agrees it shall make available to the FAA and the Comptroller
General of the United States, or any of their duly authorized representatives,
for the purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The FAA may require
that an appropriate audit be conducted by a recipient. In any case in which
an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection
with which the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
f. The Sponsor agrees it will comply with such rules as are promulgated to
assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program.
g. The Sponsor agrees that none of the costs reimbursed from this agreement
can be included in any rates charged to users of the airport and in the event
that such costs have been included in rates charged by the airport to users,
such rates shall be adjusted to reflect this reimbursement. If rates have been
collected, such funds will be refunded to the users of the airport in the same
amount as collected.
Special Conditions
10. The Sponsor agrees to request cash drawdowns on the letter of credit only
when actually needed for its disbursements and to timely reporting of such
disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
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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 tetras and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
STATES OF AMERICA
L AVIATION ADMINISTRATION
Denver Airports District Office
Part H - Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, 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 -,::)2J, wry( day of 2002.
(SEAL
Attest
CERTIFICATE OF SPONSOR'S ATTORNEY
1, 5_oe; ii cz/ , 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
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 this -qti3 j day of41
, 2002.
By v. ro
Sigiiature of Sponsor's Attorney
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I — Offer
Date of Offer: MAR 2-6 20Q2
Airport: Eagle County Regional
Project No: 3-08-0020-30
Contract No: DOT-FA02NM-1015
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 January 16,
2002, 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:
"Compensation to the sponsor for a portion of the direct costs associated with new,
additional, or revised security requirements imposed on the airport operator by the
Administrator on or after September 11, 2001."
as more particularly described in the Project Application, and protected as sensitive security
information under 49 CFR Part 1520.
\"Fo!
NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable provisions
of Public Law 107-117, providing funds for "grants-in-aid for airports" for reimbursement to
airports of direct costs associated with additional or revised security requirements, herein called
"the Act", and in consideration of (a) the Sponsor's 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 terms 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, 100 per centum thereof.
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
$71,956.
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 FAA 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
FAA shall prescribe, and agrees to comply with the terms and conditions which
are made part of this grant offer.
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 May 1, 2002, 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 dispersed by the Sponsor that were
originally paid pursuant to this or any other Federal grant agreement. It shall
obtain the approval of the FAA 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 FAA. It shall furnish to
the FAA, 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 FAA.
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8. The United States shall not be responsible or liable for damage to property or
injury to persons that may arise from, or be incident to, compliance with this
grant agreement.
9. It is hereby understood and agreed that:
a. The Sponsor will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including
but not limited to the following:
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VII - 42 U.S.C. 2000d through d-4.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Order 11246 - Equal Employment Opportunity 1
Executive Order 12898 - Environmental Justice
49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
49 CFR Part 29 — Government wide debarment and suspension
(nonprocurement)
and government wide requirements for drug -free workplace(grants).
OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts
with State
And Local Governments.
OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
b. The Sponsor assures that It has legal authority to apply for the grant, and to
finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including
all understandings, terms and conditions contained therein, and directing and
authorizing the person identified as the official representative of the applicant
to act in connection with the application and to provide such additional
information as may be required.
c. The Sponsor agrees it will not take or permit any action which would operate
to deprive it of any of the rights and powers necessary to perform any or all
of the terms and conditions in the grant agreement without the written
approval of the FAA, and will act promptly to acquire, extinguish or modify
any outstanding rights or claims of right of others which would interfere with
such performance by the Sponsor. This shall be done in a manner acceptable
to the FAA.
d. The Sponsor agrees it shall keep all project accounts and records which fully
disclose the amount and disposition by the recipient of the proceeds of the
grant, the total cost of the project in connection with which the grant is given
or used, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system
1"Mp�
that will facilitate an effective audit in accordance with the Single Audit Act
of 1984.
e. The Sponsor agrees it shall make available to the FAA and the Comptroller
General of the United States, or any of their duly authorized representatives,
for the purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The FAA may require
that an appropriate audit be conducted by a recipient. In any case in which
an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection
with which the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
f. The Sponsor agrees it will comply with such rules as are promulgated to
assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program.
g. The Sponsor agrees that none of the costs reimbursed from this agreement
can be included in any rates charged to users of the airport and in the event
that such costs have been included in rates charged by the airport to users,
such rates shall be adjusted to reflect this reimbursement. If rates have been
collected, such funds will be refunded to the users of the airport in the same
amount as collected.
Special Conditions
10. The Sponsor agrees to request cash drawdowns on the letter of credit only
when actually needed for its disbursements and to timely reporting of such
disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
u
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 terms and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED §TATES OF AMERICA
FEDER4 AVIATION ADMINISTRATION
Actingranager, Denver Airports District Office
Part H - Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, 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 ; , n, 2002.
COUNTY O EAGLE COLORADO
o` fAC4 o
0
(SEAL) H gy
i * Sponsor's Designated Official presentative
coto�oo Title(,y Z=ri Oi�cU Oi37/Y/1�LIJJLZ�L
r 1
Attest: 4' f o vro,e -r
Title: Fl l i d 6
—� CERTIFICATE OF SPONSOR'S ATTORNEY
NOrm "o 4 , 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
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 this day o ai;gL 2002.
S nature of Sponsor's Attorney
DISTRIBUTION
Originals to:
1.
Contract Book
Co iQ 5 to.
1.
Accounting
