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HomeMy WebLinkAboutA4431 - AIRPORT FAA AIP 32 GRANT MO6991 FAA Grant Agr - AIP 32 . DEPARTMENT OF TRANSPORTATI09 AGREEMENT #4431 Amend 1 FEDERAL AVIATION ADMINISTRATION M06991, 12-19-01 - �a�e7-orcracJc�-- - Contract No. DTFA08-00-C-21324 Palm Springs International Airport Palm Springs, California AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. AIP 3-06-0181-32 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the"FAA") has determined it be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Palm Springs (hereinafter referred to as the"Sponsor"), accepted by said Sponsor on the 19th day of September, 2000, to be amended as hereinafter provided. NOW THEREFORE,WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do mutually agree as follows: Insert Item No. 13 in the Conditions on Page 3 as follows: 13. 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. IN WITNESS,WHEREOF, the arties have caused this Amendment to said Grant Agreement to be duly executed as of the �� Y m� day of �� _ 2 001. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By Jgrhri P. Milligan Supervisor, Standards Section Page 2 of 2 Pages Project No. AIP 3-06-0181.32 Palm Springs International Airport Palm Springs, California City of Palm Springs, California (Name of Sponsor) Title (Seal) � Attest. a,— �( Title: City Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I, David J. Aleshire acting as Attorney for the City of Palm Springs (hereinafter referred to as "Sponsor") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of California and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. *7 / Dated at Palm Springs this day of &.e °C Zi0 . 2001. By Title City Atto=ey �1 U.S Department Western-Pacific Region P.O.Box 92007 of Transportation Airports Division Los Angeles,CA 90009-2007 Federal Aviation Administration November 13, 2001 Allen F. Smoot Interim Director of Aviation Palm Springs International Airport P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Mr. Smoot: Palm Springs International Airport AIP 3-06-0181-32 Grant Amendment No. 1 Enclosed are the original and three (3) copies of the approved Amendment No. 1 to the Airport Improvement Program Grant No. 3-04C-0181-32 for adding a condition authorizing Letter of Credit. In order to execute this Amendment, an authorized official from the city of Palm Springs must sign the Amendment and insert a date on or before December 31, 2001 in the space provided on page 1. The city of Palm Springs Attorney shall certify that the acceptance complies with all applicable laws and constitutes a legal and binding obligation by executing the "CERTIFICATE OF SPONSOR'S ATTORNEY. " The certificate date shall be the same as, or later than the date of execution. When the, Amendment and its copies executed, certified, attested and appropriate seals are impressed on it, please return the original and two (2) copies to this office. - Sincerely, John P. illigan Supervisor, Standards Section, AWP-621 Enclosures M E M O R A N D U M DATE: December 31, 2001 TO: Finance—Tom Kanarr FROM: Office of the City Clerk RE: Amendment#1, to FAA Grant Agreements No. 4020, 4021, 4086, 4087, 4129, 4130, 4144, &4431: CC: File Attached please one copy of FAA Grant Amendment#1 for the above-noted Agreements, (8), approved by the City Council on December 19, 2001. 1 have forwarded one copy to Procurement, and retained one copy for our records. Assistant City Manager, Al Smoot, did the distribution to the FAA for all of these amendments. elL Barb cc: Procurement w/amendment File 01/30/2002 08:26 FAX 760 318 3815 PSP INT'L ARPT U 001 PALM - � '2 City of Palm Springs V 1W /* Office of the City Clerk k yC0 \4 +F ••oR*rep 3200 Tahqui[z Canyon Way •Palm Springs,California 92262 C��7 FO RN\P TEL:(760)323-8204 •TDD:(760)864-9527 September 19, 2000 Mr. John P. Milligan Supervisor, Stardards Section, AWP-621 U.S. Department of Transportation Federal Aviation Administration P. O. Box 92007 WPC Los Angeles, CA 90009-2007 ( Re: PALM SPRINGS INTERNATIONAL AIRPORT, AIP 3-06-0181-32 GRANT OFFER Dear Mr. MilliE.an: Enclosed please find three original copies of the executed agreement approved by the City Council, by Minute Order#6650, on July 19, 2000. If you need any further information, or have any questions regarding the contract, please let me know. Sincerely, / p l Barbara J. White Assistant City Clerk _ -- Enclosures post-it"Fax Note im s- TO 1 �cc: Airport Co.l('ept- /aL� CFinance phone# l/File [,Fax# z J`�J REECF�IVED SEP 2 0 2000 BY: d4 yg31 Post Office Box 2743 Palm Springs, California 92263-2743 01/30/2002 08:26 FAX 760 318 3815 PSP INT'L ARPT Q 002 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I -Offer Date of Offer: September 5,2000 Palm Springs International Airport/Planning Area Project No: 3-06-0181-32 Contract No: DTFA08-00-C-21324 TO: City of Palm Sprir gs, California (herein called the"Sponsor") FROM:The United State:; of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 03/23/00, for a grant of Federal funds for a project at or associated with the palm Springs International Airport/Planning Area 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 or Planning Area (herein called the "Project") consisting of the following: 1. Acquire a 3,000 gal ARFF vehicle with an extendable nozzle. 2. Expand ARFF building. all as more particularly d scribed in the Project Application. Page 1 of 4 01/30/2002 08:26 FAX 760 318 3815 PSP INT'L ARPT 12]003 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 aid 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 percentum. The 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 $1,104,033.00 For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: l $ Iorplanning $1,104,033.00 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 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 casts. 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 Dxpire 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 09/30/00 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 to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share o•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. Page 2 of 4 O1/30/2002 08:27 FAX 700 318 3815 PSP INT'L ARPT Q 004 • • 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. 9. The attached Part V Assurances dated 9199, incorporated hereto with the Grant Offer, are hereby _ substituted in lies of those in the Sponsor's Project Application and made a part hereof. 10. Buy American Requirement. Unless otherwise approved by the FAA, it 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 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. 11. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon basis of preliminary plans and specifications; and the.par ies hereby covenant and agree that within 90 calendar days from the date of acceptance of this Grant Offer the Sponsor shall furnish final plans and specifications to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid Project application to plans and specifications shall be considered as having reference to said final plans and specifications as so approved. l 12. Data Processing) Repairs for Year 2000 Date Change. The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards. The sponsor must provide for continuous operation and maintenance of such, or alternate courses of actior.. The future Y2K awareness, assessment (including associated testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its contractor. The 3overnment will not participate in additional costs of Y2K assessment, testing, or repair work for the automated data processing subject to this grant agreement. Page 3 of 4 01/30/2002 08:27 FAX 760 318 3815 PSP INT'L ARPT [Moos The Sponsor's acceptan(e 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 comprlc;e 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 John Milligan Sup�sor, Standards Section Part 11 -Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements containl:d in the Project Application and incorporated materials referred to in the foregoing Offer t 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 Prg"pct Application. Executed this -day of SEP , 2000 City of Palm Springs, California (SEAL) By (Sports signated Of l ial Representative) Attest: Title rl'k TffE R fz 8 y UU Title: APPROVED BY HE CITY COUNCIL CERTIFICATE OF SPONSOR'S ATTORNEY /4 y1V3/ I, ' fDAL9 l L �' /��., 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 performanco 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 - M this day of + 2000 Signa re Sponsor's Attorney Page 4 of 4