HomeMy WebLinkAboutAugusta Regional at Bush Field
Augusta Richmond GA
DOCUMENT NAME: ~O-- ~\CX'Q..l.- cB:, h\S\\ (\(10
DOCUMENT TYPE: ~'(~
YEAR: Od
BOX NUMBER: \ ~
FILE NUMBER: \l.aCl.9.l\
NUMBER OF PAGES: 4
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: March 26, 2002
Augusta Regional at Bush Field
Augusta, Georgia
Project No. 3-13-0011-23
TO: City of Augusta
(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 January 17, 2002, for a grant of
Federal funds for a project at or associated with Augusta Regional at Bush Field, 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"
as more particularly described in the Project Application, and protected as sensitive security information under 49
CFR Part 1520,
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 accep-
tance 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.
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 $233,454.
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 April 26, 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, or judgment, 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 OpportunitY1
Executive Order 12898 - Environmental Justice
49 CFR Part 18 - Unifonn 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 debannent and suspension (non procurement)
and government wide requirements for drug-free workplace(grants).
OMS Circular A-87 - Cost Principles Applicable to Grants and Contracts with State
And Local Governments.
OMS 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, tenns 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 infonnation as may be
required.
c. The Sponsor agrees it will not take or pennit any action which would operate to deprive it of any of the rights and
powers necessary to perfonn any or all of the tenns 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 perfonnance 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.
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
oIwr/L
Manager
Airports District Office
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 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,
Executed this /(ji day Of~~'-
,2002,
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, ~es 'lS---!..-~ , 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 Georgia, 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
perfonnance 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~us. Tile '::\?,u!tnO/Y-I) (' OlUIIT'{-- this ~ day of (}Pit/I..- .2002
By
Signatur of Sponsor's Attorney
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