HomeMy WebLinkAboutA6701 - FAA-GRANT AGR FOR AIRPORT TECHNOLOGY SYSTEMS REPL/SECURITY DOOR INSTALL few U.S.Department
of Transportation
Federal Aviation
Administration -
GRANTAGREEMENT
PART I—OFFER
Date of Offer May 05, 2015
Airport/Planning Area Palm Springs International
AIP Grant Number 3-06-0181-052-2015
DUNS Number 072522006
TO: City of Palm Springs
(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 23,2014,for a
grant of Federal funds for a project at or associated with the Palm Springs International Airport,which is
included as part of this Grant Agreement;and
WHEREAS,the FAA has approved a project for the Palm Springs International Airport (herein called the
"Project")consisting of the following:
Security Enhancements
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958,as
amended and recodified,49 U.S.C.40101, et seq., and the former Airport and Airway Improvement Act of
1982 (AAIA), as amended and recodified,49 U.S.C.47101,et seq., (herein the AAIA grant statute is
referred to as "the Act'),the representations contained in the Project Application, and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014,and the Sponsor's
acceptance of this Offer,and (b)the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 90.66 percent of the allowable costs incurred accomplishing the Project as
the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
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1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$3,114,896.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. §47108(b),the following amounts are being
specified for this purpose:
$0 or planning
$3,114,896 for airport development
$0 for land acquisition.
2. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs.The United States'share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary. 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. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
S. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date.This offer will expire and the United States will 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 05, 2015,or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds.The Sponsor must 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. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement,order, or judgment,to the Secretary. The Sponsor must 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
require advance approval by the Secretary.
8. United States Not Liable for Damage or Injury.The United States is 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.
9. System for Award Management(SAM)Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment,whichever is later.This requires that the Sponsor review and update the information at least
annually afterthe initial registration and more frequently if required by changes in information or
another award term. Additional information about registration procedures may be found at the SAM
website(currently at http://www.sam.gov).
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B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS numberto the Sponsor. A subrecipient means a consultant,contractor,or
other entity that enters into an agreement with the Sponsor to provide services or other work to
further this project,and is accountable to the Sponsor for the use of the Federal funds provided by
the agreement, which may be provided through any legal agreement, including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its
DUNS number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number
may be obtained from D& B by telephone (currently 866-492-0280) or the Internet(currently at
http://fedgov-dilb.com/webform)-
10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment
request underthis agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. 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 by$25,000 or
five percent(5%),whichever is greater,the FAA can issue a letter to the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States,the
FAA can issue a letter to the Sponsor amending the grant description.
By issuing an Informal Letter Amendment,the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Payment Reauirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
14. Buy American. Unless otherwise approved in advance 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 project for which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
16. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person,or entity.
17. Ban on Texting While Driving.
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A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving,October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for,or on behalf
of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving;and
b. Education,awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
18. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons(Prohibitions)that apply to any entity
other than a State, local government,Indian tribe, or foreign public entity. This includes private
Sponsors, public Sponsor employees,subrecipients of private or public Sponsors (private entity)are:
1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is
in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect;or
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements
under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA,Section 106(g)of the
Trafficking Victims Protection Act of 2000(TVPA), as amended(22 U.S.C. 7104(g)),allows the FAA to
unilaterally terminate this agreement,without penalty, if a private entity-
1. Is determined to have violated the Prohibitions; or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is
either:
a. Associated with performance under this agreement;or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),' as
implemented by the FAA at 49 CFR Part 29.
19. Exhibit"A"Property May. The Exhibit "A" Property Map dated December 2, 2010, is incorporated herein
by reference or is submitted with the project application and made part of this grant agreement.
20. Plans and Specifications Approval Based Upon Certification.The FAA and the Sponsor agree that the FAA
approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to
carry out the project in accordance with policies,standards, and specifications approved by the FAA. The
Sponsor understands that:
A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA
approval for modifications to any AIP standards or to notify the FAA of any limitations to competition
within the project;
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B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate
project documentation for the purpose of validating the certification statements;
C. If the FAA determines that the Sponsor has not complied with their certification statements,the FAA
will review the associated project costs to determine whether such costs are allowable under AIP.
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,consti-
tuting 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
FEDERWAVI1ONDMINISTRATION
atureJ - -
Patrick J. Lammerding
(Typed Name)
Los Angeles Airports District Office
Assistant Manager
(Title) _
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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.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this : day of f IGtG'/S
City of Palm Springs
/1P70ASTO JF0 _ (Nome o _
(Signature of Sponsor's Designate �tolRepresentotive)
ATTORNEY B Y: �"f j2Pd-c�
DIM fig (Typed Name of Sponsor's Designated Official Representative)
ATTEST: Title: C( M 4 N RG E
(Title of Sponsor's Designated Official Representative)
ity Clerk APPROVED RY M,(COUNCi!
CERTIFICATE OF SPONSOR SATTORNEY �.,
I,I d 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(16L w.eri, . 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.
DateclatPm"as this %T} day of Jv�S
By: _
( ign u e of Sponsor's Attorne )
Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
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