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HomeMy WebLinkAboutA4493 - AIRPORT FAA GRANT AIP 34 AIP-34 AGREEMENT #4493 CM signed 5-1-02 P/M07061 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I—Offer Date of Offer: April 12, 2002 Airport: Palm Springs International Airport Project No.: 3-06-0181.34 Contract No.: DTFA08-02-C-21465 TO: City of Palm Springs, California (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 01/18102, for a grant of Federal funds for a project at or associated with the Palm Springs International 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 all as more particularly described in the Project Application. 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. • 0 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 $415,878.00. 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 June 7, 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, orjudgment, 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. 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 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 Opportunityl 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. 10. The Sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its disbursements and 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. 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 STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION John P. Milligan d (Name) Supervisor Standards Section (Title) Part II-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 do 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. �Y Executed this day of �t +7 A cl 2002. City of Palm Springs (Name of Sponsor) (SEAL) - gyr ..R- (Sponsor's DesignatQ O representative) Title Attes Title: City Clerk APPROM 017 ';Hr- CITY v CERTIFICATE OF SPONSOR'S ATTORNEY I, nwi d I Alesh=re 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 California. 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 Palm Springs, CA. this 0 day of , 2002. By j�� Sig'ature o Sponsor's Attorney q � f Title G '--Z / +6 vv