HomeMy WebLinkAboutContracts & Agreements_171-2017 3 06 01. 95 016 2017
011W
US Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer August 17, 2017
Airport/Planning Area Redlands Municipal Airport
AIP Grant Number 3 06-0195-016-2017
DUNS Number 094712205
TO City of Redlands
(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 May 8, 2017,for a grant of
Federal funds for a project at or associated with the Redlands Municipal Airport,which is included as part
of this Grant Agreement, and
WHEREAS,the FAA has approved a project forthe Redlands Municipal Airport(herein called the "Project")
consisting of the following
Install Runway Distance-To Go Signs, Install Runway Vertical/Visual Guidance System
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 March 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 ofthe 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 ninety(90) 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
1 Maximum Obligation.The maximum obligation of the United States payable under this Offer is$150,000
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
allowable amounts for any future grant amendment,which may increase the foregoing maximum
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obligation of the United States under the provisions of 49 U S C §47108(b)
$0 for planning
$150,000 for airport development
$0 for land acquisition
2 Period of Performance The period of performance begins on the date the Sponsor formally accepts this
agreement Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years(1,460 calendar days) from the date of formal grant acceptance by the Sponsor
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR §200 309) Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR§200 343)
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement
3 Ineligible or Unallowable Costs The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable
4 Indirect Costs-Sponsor Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct
salaries and wages
5 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
6 Comoleting the Proiect Without Delav 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
7 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
S 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 August 30, 2017,
or such subsequent date as may be prescribed in writing by the FAA
9 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 for 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 Ali 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
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10 United States Not Liable for Damage or Iniury The United States is not responsible or liable for damage
to property or injury to persons which may arise from, or be incident to, compliance with this grant
agreement
11. Svstem for Award Management fSAMI 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 underthis grant, or receives the final
payment, whichever is later This requires that the Sponsor review and update the information at least
annually after the 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 htto //www sam gov)
B 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 866-705-5771) or on the web (currently at
htt fedgov dnb com/webform)
12 Electronic Grant Pavment(s) Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees
13 Informal Letter Amendment of AIP Proiects. 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 amendment 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 The FAA's authority to increase the maximum
obligation does not apply to the"planning" component of condition No 1
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States
An informal letter amendment has the same force and effect as a formal grant amendment
14. Air and Water Qualitv 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 agreement
15 Financial Reporting and Pavment Requirements The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports
16 Buv 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
17. Maximum Obligation Increase For Nonprimary 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,
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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 a condemnation proceeding
18 Audits for Public Sponsors The Sponsor must provide for a Single Audit or program specific audit in
accordance with 2 CFR part 200 The Sponsor must submit the audit reporting package to the Federal
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
htto //harvester census eov/facweb/ Provide one copy of the completed audit to the FAA if requested
19 Suspension or Debarment When entering into a "covered transaction" as defined by 2 CFR §180 200,the
Sponsor must
A Verify the non federal entity is eligible to participate in this Federal program by
1 Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management(SAM)to determine if the non federal entity is excluded or disqualified,or
2 Collecting a certification statement from the non federal entity attesting they are not excluded or
disqualified from participating, or
3 Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating
B Require prime contractors to comply with 2 CFR §180 330 when entering into lower-tier transactions
(e g Sub-contracts)
C Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity
20 Ban on Textine While Driving
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
21 AIP Funded Work Included in a PFC Aoolication
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC
project also covered under this grant award The airport sponsor may not make any expenditure under
this award until project work addressed under this award is removed from an approved PFC application by
amendment
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22 Exhibit"A" Property Map The Exhibit"A" Property Map dated 10/16/2010, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement
23 Emnlovee Protection from Reprisal
A Prohibition of Reprisals-
1 In accordance with 41 U S C §4712, an employee of a grantee or subgrantee may not be
discharged, demoted,or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph (A)(2), information that the employee reasonably believes is
evidence of
i Gross mismanagement of a Federal grant,
ii Gross waste of Federal funds,
iia An abuse of authority relating to implementation or use of Federal funds,
IV A substantial and specific danger to public health or safety, or
v A violation of law, rule, or regulation related to a Federal grant
2 Persons and bodies covered The persons and bodies to which a disclosure by an employee is
covered are as follows.
I A member of Congress or a representative of a committee of Congress,
11 An Inspector General,
iii The Government Accountability Office,
IV A Federal office or employee responsible for oversight of a grant program,
V A court or grand jury,
vi A management office of the grantee or subgrantee, or
VII A Federal or State regulatory enforcement agency
3 Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG) forthe U S Department of Transportation
4 Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place
5 Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U S C §4712(b)
6 Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General,the person submitting a complaint
assumes the right to a civil remedy under4l U S C §4712(c)
24 Li htin The Sponsor must operate and maintain the lighting system during the useful life of the system in
accordance with applicable FAA standards
25 Plans and Specifications Prior to Bidding The Sponsor agrees that it will submit plans and specifications
for FAA review and approval prior to advertising for bids
26 Plans and Soecifications 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, and,
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
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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 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
/ (Signature)
David F Cushing
(Typed Name)
Los Angeles Airports District Office
(Title of FAA Official)
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PART I I-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 1
Executed this ,nth day of 71j1
City of Redlands
- - ............ .......................- -..........-................ - ------ ..._.
(Name of Sponsor)
-. l..a-------------------------------------------
...-----
........
(Signature of Sponsor's Authorized Official)
By. Paul W. Foster
-- -------............................_.. ...............
(Typed Name of Sponsor's Authorized Official)
Title Mayor
(Title of Sponsor's Authorized official
ATTEST .
Je Donaldson, City Clerk
CERTIFICATE OF SPONSOR'S ATP
RNEY
1, Daniel J McHugh , 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 Redlands (location)this 30th day of August 2017
i
By i
(Signature of Sponsor's Attorney)
iKnowingly 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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