HomeMy Public PortalAboutAIP 3-16-0023-020 Grant Agreement FAA DOT-FA11NM-00320
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 — Offer
McCaII Municipal Airport
McCall, Idaho
Date of Offer: Tuesday, July 12, 2011
Project Number: 3-16-0023-020
Contract Number: DOT-FA11 NM-0032
To: City of McCall, Idaho (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
April 29, 2011, for a grant of Federal funds for a project at or associated with the
McCaII Municipal 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:
Construct Snow Removal Equipment (SRE) building
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89) Page 1 of 8
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of Title 49, United States Code, 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, ninety-five (95) percentum
of all allowable Project costs.
This Offer is made on and subject to the following terms and conditions:
Part I - Conditions
1) The maximum obligation of the United States payable under this Offer shall
be $445,803.00. For the purposes of any future grant amendments which
may increase the foregoing maximum obligation of the United States under
the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
$0.00
$445,803.00
For planning
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
provisions of 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 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.
FAA Form 5100-37 PG 2 (10-89) Page 2 of 8
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 Wednesday, July 20, 2011, 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 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.
9) Trafficking in persons:
a) Provisions applicable to a recipient that is a private entity.
i) You as the recipient, your employees, subrecipients under this award,
and subrecipients' employees may not—
(1) Engage in severe forms of trafficking in persons during the period
of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the
award is in effect; or
(3) Use forced labor in the performance of the award or subawards
under the award.
ii) We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if you or a subreceipient that is a private entity—
(1) Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
(2) Has an employee who is determined by the agency official
authorized to terminate the award to have violated a prohibition in
paragraph a.1 of this award term through conduct that is either —
FAA Form 5100-37 PG 3 (10-89) Page 3 of 8
(a) Associated with performance under this award; or
(b) Imputed to your or the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency
at 49 CFR Part 29.
b) Provision applicable to a recipient other than a private entity.
i) We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if a subrecipient that is a private entity—
(1) Is determined to have violated an applicable prohibition in
paragraph a.1 of this award term; or
(2) Has an employee who is determined by the agency official
authorized to terminate the award to have violated an applicable
prohibition in paragraph a.1 of this award term through conduct that
is either —
(a) Associated with performance under this award; or
(b) Imputed to the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency
at 49 CFR Part 29.
c) Provisions applicable to any recipient.
i) You must inform us immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph a.1 of this
award term.
ii) Our right to terminate unilaterally that is described in paragraph a.2 or
b of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act
of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and
(2) Is in addition to all other remedies for noncompliance that are
available to us under this award.
iii) You must include the requirements of paragraph a.1 of this award term
in any subaward you make to a private entity.
FAA Form 5100-37 PG 4 (10-89) Page 4 of 8
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by you or a subrecipient who is engaged in
the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or
program under this award and not compensated by you including,
but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost
sharing or matching requirements.
ii) "Forced Tabor" means labor obtained by any of the following methods:
the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
iii) "Private entity":
(1) Means any entity other than a State, local government, Indian tribe,
or foreign public entity, as those terms are defined in 2 CFR
175.25.
(2) Includes:
(a) A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
(b) A for -profit organization.
iv) "Severe forms of trafficking in persons," "commercial sex act," and
"coercion" have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).
FAA Form 5100-37 PG 5 (10-89) Page 5 of 8
Special Conditions
10) It is mutually understood and agreed that 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 $25,000.00 or five percent
(5%), whichever is greater, the maximum obligation of the United States can
be unilaterally reduced by letter from the FAA advising of the budget change.
Conversely, if there is an overrun in the total actual eligible and allowable
development and land project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to
exceed the statutory percent limitation and will advise the Sponsor by letter of
the increase. If the increase in project costs is attributable to planning items,
the maximum United States obligation may not be increased. It is further
understood and agreed that if, during the life of the project, the FAA
determines that a change in the grant description is advantageous and in the
best interests of the United States, the change in grant description will be
unilaterally amended by letter from the FAA. Upon issuance of the
aforementioned letter, either the grant obligation of the United States is
adjusted to the amount specified or the grant description is amended to the
description specified.
11) In accordance with Section 47108(b) of the Act, 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 or by an amount not to
exceed 25 percent of the total increase in allowable costs attributable to
the acquisition of land or interests in land, whichever is greater, based on
current credible appraisals or a court award in condemnation.
12) Unless otherwise approved 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
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.
13) The Sponsor shall provide for an annual audit in accordance with Office of
Management and Budget Circular A-133. The Sponsor shall provide one
copy of the completed A-133 Audit to the FAA Airports District Office and
three copies of the audit to: Federal Audit Clearinghouse, Bureau of the
Census, 1201 10th Street, Jeffersonville, IN 47132.
FAA Form 5100-37 PG 6 (10-89) Page 6 of 8
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
FEDEAVIAf IONION
By
Carolyn T. Read, Acting ADO Manager, Seattle 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.
����nuuuaq�,
Executed this ���``',.- McC,.. '10,, ...day of 2011
.�. ll '• Cit , Mc I, Idaho
U '0
�� x Sponsor's Designated Official epresentative
. • o Title:
/ �'•._' :.A• �i9/ / . G°�t�
Attest:
Title:. .
CERTIFICATE OF SPONSOR'S ATTORNEY
I, .. 6,1) t... .G 1 S , 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 Idaho. 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 . �....f.. a. .. this /7 day of v.... . ?�}1
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 7 (10-89) Page 7 of 8
A-133 Single Audit Certification Form
The Single Audit Act of 1984, implemented by OMB Circular A-133 (Audits of States, Local Governments,
and Non -Profit Organizations) establishes audit requirements for State and local governments that receive
Federal aid. State or local governments (City, County, Airport Board) that expend S500,000 or more a year
.(calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit
Clearinghouse. For more information on the Single Audit Act requirements please reference the following web
site: http://harvester.census.eov/sac!
This notice is our request for a copy of your most recent audit, whether or not there are any significant findings.
In accordance with your Airport Improvement Program (AIP) grant agreement, you must also provide the
following certification to your local Airports District Office (ADO). Please fill out the information below by
checking the appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom
of the form.
Airport Sponsor Information:
SpansoiNamc
Airport amc
i okiW IthdP.r.col
Sponsor's Representative Name
FiscaVCalendar Year Ending
/4i 'Ot- /14K4 er
resentativc's Title fir
Telephcfne Email
Please check the appropriate line(s):
C/ We are subject to the A-133 Single Audit requirements (expended $500,000 or more in total Federal
funds for the tiscaUcalendar year noted above) and are taking the following action:
❑ The A-133 single audit for this fiscaUcalendar year has been submitted to the FAA.
❑ The A-133 single audit for this fiscal/calendar year is attached.
Ld The A-133 single audit report will be submitted to the FAA as soon as this audit is available.
❑ We are exempt from the Single Audit A-I33 requirements for the fiscal/calendar noted above.
Sponsor Cert
cation:
7 Signature
Re Irn to:
FAA, Seattle Airports District Office
1601 Lind Avenue SW, Suite 250
Seattle, WA 98057-3356
FAA Form 5100-37 PG 8 (10-89)
G(
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