HomeMy WebLinkAboutfaa.grant.2SECOND READING - RESOLUTION ACCEPTING THE OFFER OF FEDERAL
AVIATION ADMINISTRATION (FAA), AIRPORT IMPROVEMENT
PROGRAM (AIP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN
COUNTY AIRPORT CAPITAL IMPROVEMENTS
AGENDA ITEM SUMMARY
MEETING DATE:
AGENDA ITEM TITLE:
STAFF RESPONSIBLE:
August 11, 2004
Approving Resolution Of The Board Of
County Commissioners Of Pitkin County, Colorado
Accepting The Offer Of Federal Aviation Administration (FAA)
Airport Improvement Program (AIP) Grant To Assist In The
Funding Of AsperffPitkin County Airport Capital Improvements
Project Number 3-08-0003-29
2nd Reading
Rex Tippetts, Assistant Director of Aviation
DESCRIPTION OF ISSUE: On July 28, 2004, the Board of County Commissioners approved the 1 st
Reading of the Resolution for the Federal Aviation Administration (FAA) grant offer for Airport
Improvement Program (AIP) Project Number 3-08-0003-29. The FAA has submitted a formal Grant
Offer to Pitkin County in the amount of up to $900,000 for the purpose of funding 95% of the project
costs to:
Acquire replacement for the snow removal equipment (SRE) (oavement deicer and carrier
vehicle with broom and plow attachment) and acquire land for approach protectio-
(Parcels NI-A and N1-B).
It has been determined that the existing snow removal equipment (SRE) is in need of
replacement and deicing methods in need of updating. The new equipment not only will increase
the efficiency but safety in snow removal operations.
The objective to purchase the land parcels N-lA and N-lB is necessary to protect encroachment
onto the runway object free area and provide the necessary property to relocate perimeter fencing
and perimeter roadway outside of the Runway Object Free area.
RECOMMENDED ACTION: Motion to approve the attached resolution accepting FAA
Grant Offer Agreement for AIP Project No. 3-08-0003-29.
Motion to approve the execution of the Grant Offer Agreement. The Airport expects to receive
the Grant Offer Agreements very soon. Additionally, the FAA has asked that we return the
documents as soon as possible to help expedite the approval. Staff is asking the Board to
approve the Grant offer and authorize the chair to sign the documents when they arrive. A copy
of the draft of the Grant Agreement is attached for your review.
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
ACCEPTING THE OFFER OF FEDERAL
AVIATION ADMINISTRATION (FAA), AIRPORT
IMPROVEMENT PROGRAM (ALP) GRANT TO ASSIST
IN THE FUNDING OF ASPEN/PITK1N
COLrNTY AIRPORT CAPITAL IMPROVEMENTS
Resolution # __, Series of 2004
RECITALS
1. Pitkin County is the owner, operator and sponsor of the AsperffPitkin County Airport (Sardy Field).
2. Pitkin County is completing certain airport improvements and has applied to the FAA for funding
assistance.
3. The FAA has made an offer of assistance through the AlP grant offer, which contains certain
assurances by and obligations of Pitkin County.
4. Pitkin County has previously budgeted and appropriated the grant local funding matching share.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
PITK1N COLrNTY, COLORADO:
Section 1
That the FAA grant offer of AIP Grant No. 3-08-0003-29 in the amount of up to $900,000 attached hereto
and incorporated herein by this reference is approved.
Further, that the Chair is hereby authorized and directed to execute the AlP Grant Offer on behalf of the
County and any other documents necessary to complete the transaction, subject to recommendation for
approval by staff and approval as to form by the County Attorney.
Section 2
This Resolution, and the Grant Agreement shall be available for public inspection during normal business
hours in the office of the Pitkin County Clerk & Recorder, Pitkin County Courthouse Annex, 530 E. Main
Street, Aspen, Colorado 81611 and the office of the Director of Aviation, 0233 E. Airport Road, Suite A,
Aspen, Colorado 81611.
INTRODUCED, FIRST READ, AND SET FOR SECOND READING AND PUBLIC
HEARING BY THE BOARD AT THE REGULAR MEETING ON THE JULY 28, 2004.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON
THE 31 ST DAY OF JULY, 2004.
APPROVED AND ADOPTED UPON SECOND READING AND AFTER A DULY-NOTICED
PUBLIC HEARING BY A MAJORITY OF THE BOARD AT THE REGULAR MEETING ON THE
DAY OF 2004.
PUBLISHED, iN SHORT OUTLINE, AFTER ADOPTION IN THE ASPEN TIMES ON THE
DAY OF ,2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITK1N COLrNTY, COLORADO
Jeanette Jones,
Deputy Clerk and Recorder
Date
By:
Dorothea Farfis,
Chairperson
Date
APPROVED AS TO FORM:
John Ely, Couni~Attomdy
MANAGER APPROVAL:
· ary yletcher Smith, ~oUnty Manager
RECOMMENDED FOR APPROVAL:
·., (, /
J'amesJ~:'L~fx~ood, A.A.ET;., ....
Director of Aviation
Tom Oken, Treasurer and
Chief Financial Officer
U.S. Department
of q'ransportafion
Federal Aviation
Ad~nlnlstration
GRANT AGREEMENT
Part I - Offer
Date of Offer:
3niy xx~ 2004
Airport:
Project Number:
A~pen-l~[tkin County/Sardy Field
3-08-0003-29
Contract Number: DOT-FA04NM-10xx
DIrNS Number:
111305090
Comity of l)itl~n, Colorado
(herein called the "Sponsor")
From: Th~ United States of America (acting through the Fed . , herein called the
15rods for a project at or associated witla the Aspen-Pitlci~ Cotmty----.__~Field wl~ich Project Apphcation, as
approved by the FAA, is hereby incorporated herein ~md made a part hereof; and
Whereas, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following:
Acquire snow removal equipment (SI~avement d~i~er a~l~ carrier vehicle
with broom and plow attachment) andka.~uixe las r~PPr.°ach protection
(P~reels N1-A and N1-B), t ' '
ail as mor, pm-ficularly desc~SbedintheProject Application. ~ ~
Form 5100-37 (7/90)
Now therefore, pursuant to and for the pu~ose of carrying out the provisions of Title 49, United States Code, aS:
amended, herein called "the Act', and in consideration of (a) the Sponsor's adoption and ratification of the
repx'esentations and assu~auces containsd ht said Project Application and its acceptance of this offer as heremafter
provided, and (b) t!~ benefiB to accrue to thc United States and the public from the accomplislmlent of the Project and
compliance with thc assurances mid conditions as herein provided, Tm F~RAL AVIATION
AD1VIXNISTKATION, FOR AND ON BEHALF OF TH~ UiNI'I'ED STATES, ]3[Ell.EB '~?~_E]~S AZq]D AGP,.EES
to pay, as the United States share o£th¢ allowable costs incun'ed in accomplishing the Proj ~ ~.o~ eentum thereo£.
This Offer is made on mtd SUB3'ECT TO T~ FOLLOWING TERMS AND CONDI'rloNs:
CONDITIONS
1. The maximmn obligation of the United States payable under this offer shall be Sm,iff. For the purposes of any
future grant amendments which may increase the foregoing maximum obligation of the Umted States under the
provisions of Section 47108Co) of the Act, the following amounts are bemg specified for this purpos~
s,O-for plamfing
Sxxx,fff for airport development.and noise program m~plementatimi.
2. The allowable costs of the project shall not. include ally costS detennmed~5~tl~']~ ~e ineligible for
consideration as to allowability under the Act.
l~ayme'at qf the United States' share of the allowable project costs will be made pursuant to and m accordance
with the provisio~s of such regulations and procedures as the Seoretmy shall prescribe. Final determi'aati0n of'
the United States' share will be based upon the fmal audit of the total amount of allowable project costs and
settlement will be made f~r any upward or downward adjustments to the Federal share of cosB.
The Sponsor shall carry out and complete the Project without undue delays and in accordance with thc terms
hereof, and such regulations and procedtaes as the Secretary shall prescribe, and agrees to con, ply with the
assurances which were made part of the project application.
The FAA reserves the fight to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
6. This offe~ shah expire and the United States shall not be obligated to pay may part of the costS of the project
unless this offer has been accepted by the Sponsor on or before August 25, 2004, or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall take all ~teps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antiS-sst statutes, or misused in any other mannsg in any project upon which
Federal funds have been expended. For the pmlooses of tkis grant agreement, tile term "Federal funds" means
funds however used or disbursed by tim Sponsor that were originally paid pursuant to this or any other Federal
~rant2greement..._/t.shall_ohtain_the.~ap~Lo_va_l__o.f__t.}~e__Sec[e .ta~_ _ as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federa-l-~l~-a~-; hdK~l'~-fi~l~?~%5';Jgi~ea-t~'~d-g~&~i; .....
pertaining to the detemfination of the amount of the Federal slmre or to any settlement, litigation, negotiation, or
FAA F~rm 5100.37
oth~ efforts t~kcn to recover such fm~ds. All settlemet~ts or other final positions of the Sponsor, in court or
otherwise, involving the recover7 of such Federal share shall be approved in advance by the Secretm-y.
The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be imoid~t to, compliance with this grant agreement.
Special Conditior~,
9. Thc Sponsor will cra-fy out the project in acbordanoe with policies, standards, and specifications kpproved'by the
Seczetary including but not limited to the advisory circulars listed LA the "Current i~AA Advisory Circulars for
AIP ProjectS." dated July 1, 1999, and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by thc Secretary.
10. Uniess otherwise approved by the FA~, the Sponsor will not ~oquire or pe~it any con. actor or subcon~actoz to
acquire may s~el or manufactured products produoeA outside the U~ted States to be used for any project for
airport development or noise compatibility for which funds ~re provided under this grant. The Sponsor
include LA every contract a provision irnplememfiug this special condition.
11~ 'I~ ~ccord~nce With Section 47108Co) of the Act, as amended~ the maximum obligation of'due'United States. as
stated in Condition No. 1 of t~l~s Grant Offer:
a. may not be i~creased for plm:L.-uLAgproject ' ~i~-~ '
c. may be LAereased by no~ more than 15 percent for landproje, cts, ~ '~'i ~ ~k~'-
12. It is mamany understood and sgl~ed that if~ during the life of the project, the FA~~e maxmaum
grant obligation of the United' States exceeds the expected needs of the Sponsor b3~,l~0.~0 or five percent
(S%), w~chex~er is gre~/ter, the max.imum obligation of the United States can be um~era~uced by letter
fi.om the FAA advising of the budget change. Conversely, if there is an overran in the total actual e~gible and
allowable project costs, FAA may increase the maximum grant obhgation of the United States to cOVer the
mount of the overrun not to exceed the statutory pement lim/taUon and will advise the Sponsor by letter of the
increaSe. It is further understood and agreed that i~ during the 5fo of the project, the FAA detenrines fires a
change in the grant description ~s advantageous and LA the best interests of the Un, ted 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 ~djustgd to the mount specified or the grant description
is mended to the descriptiO~ specified.
13. The Sponsor agroes t° request cash drawd°wns °n the letter °f credit °ni¥ when actually needed f°r its
disbursements and to ~nely reporting of such disbursements as requh'e~- It is m~derstood that failm:e to adhere to
this provision may cause the letter of credit to be revoked.
14. UPDATE AI~PROVED EXII[IBIT "A" FOR LAND IN ~PROJECT: It is understood mad agreed by and
betwean the parties,hereto that notWithstanding the fact that this Grant Offez is mada and accepted upon the basis
mutually agreed that the reasonable cost of developing sa~d Exl~i~lt .~- ~'roper~y ~vmp ~s an
administrative cost for participation within the scope of th~s project,
FAA Farm 5t00-37
3
15.
FKICTION MEASUllING DEViCES: The Sponsor assures tha~ it wflI p~-operl~ calibrate, operate,
maintain/he friction measuring eqtupment m accordance with thc man factut'cr~ldc]mes and instructions.and
Advisoly Circular 150/5320-12, The ffictinn measuring equipment and to~$~ (if applicable) shall not b¢
used for any other purpose other than for conducting friction measm~e~ ~ort pavenient surfaces and
I'I'I'LE EVIDENCE: It is understood and agreed by and bet~e~ hereto that until me Sponsor has
submittal ev/dence that it has acquired a fee title or such lesser i~,i~'-_$~n~erest as may bc found satisfactory to
the FAA/n mud to Parcels BI1-A and N1-B as shown on the propci~f~fnap alt~ched hereto mad identified as
]~xlu'b~t "A", or any portion fl~ereof for which gr~ul paymtmt is sought, subject to no liens, encumbrances,
reservations or exceptions wJfich in the op/nion of the FAA ntight crcaic an m~due risk or interfcrenc¢ with the
use and operation of the'akpor~, the United Stales will not make nor be obligated to make fhual payment
FAA Form
Th~ Sponsor's acceptance of tl~s Offer and ratification and adoption of the Pxoject Application incorporated hereto shall b~ a~d~ced
by execution of ~s ~nt by ~e Sponsaz, as hcre~m~: provided, ~d ~s Offer ~d Accepmce
A~c~nt, as ~ovided by ~c Act, comfim~g ~ can~acm~l ob~gsfio~ ~d fighm of ~ U~tcd States ~d ~ Spo~or ~th
r~speCt to ~ accomphs~t of ~e ProjeCt and ~mplianc~ ~ ~ ass~anccs md conditions as provided he~e~. ~ch ~t
A~nt sh~ h~co~ ~ffe~ve ~pan ~e Spomot"s accep~ce of~ Offe~.
Part II - Acceptance
Th ~ - ~ *-~-.--~. -~ o~o"~ all assurances, s~tc~mcn~s, representations, ~des, covc~, and
~ ~ ~ojcct ~ppHcafion and ~co~o~s~cd ~tem~ rcf~d to ~ ~c f~egomg Offe[ ~d do~ hereby accept
a~cp~ce a~eei to h~ly Wi~ ~H df ~'tc~ and con~fio~ m ~s Offer a~ ~ ~e Proj ~ Applicafiom
Exe~ted ~s _ ~y of .~ ,20
Attest:
Tide:
Certificate of SponSor's Attorney
.., acting as Attorney for the SpousOz o e~e
~t ~ my op~on ~c Spomor is c~o~xed to ~mr ~to ~e foreleg ~mt ~geement ~der ~ laws of ~e State ~ Coloxsdo.
F~ex, I have ex~mlned ~e forego~g ~a~t A~ee~t ~d ~c acfio~ token by s~d Spo~or x~a~ ~to, ~d ~d ~at ~e'
accep~e ~e~eof by said Sponsor ~d Spomofs o~cNl ~epzesenmfive h~ been d~y
aH iespects due and p~oper md ~ aecordmce ~ ~ l~ws of~e s~d Sla~ and ~e Act. h ad~fio~ for ~mm NvolvNg projcc~ to
be ca~ed om on prop~ not o~ed by
F~e~, it i~ my op~an ~t ~e said ~aut A~e~ent
tel~m ~ereof.
Si~e of
FAA Form ~100-37 (7/90)
AGENDAITEM SUMMARY
MEETING DATE:
AGENDA ITEM TITLE:
STAFF RESPONSIBLE:
August 11, 2004
Approving Resolution Of The Board Of
County Commissioners Of Pitkin County, Colorado
Accepting The Offer Of Federal Aviation Administration
(FAA) Airport Improvement Program (ALP) Grant To Assist
.In The Funding Of Aspen/Pitkin County Airport Capital
Improvements Project Number 3-08-0003-30
2nd Reading
Rex Tippetts, Assistant Director of Aviation
DESCRIPTION OF ISSUE: On July 28, 2004, the Board of County Commissioners approved
the 1st Reading of the Resolution for the Federal Aviation Administration (FAA) grant offer for
Airport Improvement Program (ALP) Project Number 3-08-0003-30. The FAA has submitted a
formal Grant Offer to Pitkin County in the amount of up to $200,000 for the purpose of funding
95% of the project costs to perform:
Phase I of an Environmental Assessment for Runway Extension and Associated
Improvements.
Barnard Dunkelberg and Co., Inc., Airport Consultant for Environmental Assessment Project,
will conduct this project in several phases. This Assessment will be conducted pursuant to the
National Environmental Policy Act (NEPA), Federal Aviation Administration (FAA) Order
5050.4A and Council on Environmental Quality (CEQ) guidelines.
An Environmental Assessment generally consists of five elements, as dictated by the
National Environmental Policy Act and Council on Environmental Quality guidelines.
These five elements are as follows, with this Program of Services presented in the same
format:
6) Purpose and Need of Project;
7) Development of Alternatives;
8) Identification of the Affected Environment;
9) Environmental Consequences; and,
10) Public Participation/Documentation.
RECOMMENDED ACTION: Motion to approve the attached resolution accepting FAA Grant
Offer Agreement for AlP Project No. 3-08-0003-30.
Motion to approve the execution of the Grant Offer Agreement. The Airport expects to receive
the Grant Offer Agreements very soon. Additionally, the FAA has asked that we return the
documents as soon as possible to help expedite the approval. Staff is asking the Board to
approve the Grant offer and authorize the chair to sign the documents when they arrive. A copy
of the draft of the Grant Agreement is attached for your review.
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
ACCEPTING THE OFFER OF FEDERAL
AVIATION ADMINISTRATION (FAA), AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT TO ASSIST
IN THE FUNDING OF ASPEN/PITKIN
COUNTY AIRPORT CAPITAL IMPROVEMENTS
Resolution # , Series of 2004
RECITALS
1. Pitkin County is the owner, operator and sponsor of the AsperffPitkin County Airport (Sardy Field).
2. Pitkin County is completing certain airport improvements and has applied to the FAA for funding
assistance.
3. The FAA has made an offer of assistance through the AIP grant offer, which contains certain
assurances by and obligations of Pitkin County.
4. Pitldn County has previously budgeted and appropriated the grant local funding matching share.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO:
Section 1
That the FAA grant offer of AIP Grant No. 3-08-0003-30 in the amount of up to $200,000 attached hereto
and incorporated herein by this reference is approved.
Further, that the Chair is hereby authorized and directed to execute the AlP Grant Offer on behalf of the
County and any other documents necessary to complete the transaction, subject to recommendation for
approval by staff and approval as to form by the County Attorney.
Section 2
This Resolution, and the Grant Agreement shall be available for public inspection during normal business
hours in the office of the Pitkin County Clerk & Recorder, Pitkin County Courthouse Annex, 530 E. Main
Street, Aspen, Colorado 81611 and the office of the Director of Aviation, 0233 E. Airport Road, Suite A,
Aspen, Colorado 81611.
INTRODUCED, FIRST READ, AND SET FOR SECOND READING AND PUBLIC
HEARING BY THE BOARD AT THE REGULAR MEETING ON THE JULY 28, 2004.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES ON
THE 31 ST DAY OF JULY, 2004.
APPROVED AND ADOPTED UPON SECOND READING AND AFTER A DULY-NOTICED
PUBLIC HEARING BY A MAJORITY OF THE BOARD AT THE REGULAR MEETING ON THE
DAY OF ,2004.
PUBLISHED, 1N SHORT OUTLINE, AFTER ADOPTION IN THE ASPEN TIMES ON THE
DAY OF ,2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones,
Deputy Clerk and Recorder
Date
By:
Dorothea Farris,
Chairperson
Date
APPROVED AS TO FORM:
MANAGER APPROVAL:
--j First,her Smith, County Manager
RECOMMENDED FOR APPROVAL:
Director of Aviation
200%/JU'2Ii/WSD 1O:S3 AM ?gA DEN-ADO PAX !lo, 393~%21269 P, 002/095
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: July :sx, 2004
Airport:
Project l~u~mber:
Aspen-I'itkin County/Sardy Field
3-08-0003-30
Contract Number:
DOT-FA04NM-10xx
DUNS Number:
111305090
To: Comity of Pitkin, Colorado
0aerem called the "Sponsor")
Erom: The United States of America (actil~g tl~ough the Federal Aviation Administration, herein called the
"FAA")
Whereas, the Sponsor has submitted to the FAA a Projec~ Application dated July 13, 2004 for a grimt of Federal funds
for a project at or associated with the Aspen-Pitkin County Airport/Sardy Field winch Project Application, as approved
by the FAA, is hereby incorporated herein and made a part hereoi} and
- Whereas, the FAA has al?proved a project for'the Airport (herein called the "Project") consisting o£ t~e ~llosving:
Couducl ~%viroumental Assessment ~Phase 1),
all as more particularly described in the Project Application.
FAA Form 5100-37
Now therefore, pursuant to and for the purpose 9f cmu3'ing out the prov/sions of Title 49, United States Code. as
amended, herein called "the Act", 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 fltis offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the aocomplislanent of the Project and
compliance with the assurances arid conditions as herein provided, Tltlg FEDERAL' AVIATION
AD31INISTR~kTION, FOR AND ON BEllALF OF TBrE UNITED STATES, I~EREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 per centum thereof.
This Offer is made on and SUBJECT ~0 T}n~ FOLLOWI2qG TERMS AND CONDITIONS:
CONDITIONS
The maximum obligation of the United States payable under this offer shall be Sxxx, f.ff. For the purposes of ally
furore grant .amendments which may increase the foregoing maximUm obligation of the United States under the
provisions of Section 47108(b) of the Act, the foilowifig amounts are being specified for this purpose:
. . Sxxx, fff for planning
$0 for airport development and noise program implementation.
2. The allowable costs of the project shall not include any costs determbcd by the FAA to be. ineligible for
consideration as to allowability under the Act. . '
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.
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 o~the project application.
The FAA.reserves the r/ght to amend or'withdraw this offer at any time prior to its acceptance by the Sponsor.
Ttds 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 August 13, 2004, or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall t~Ice all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in v/clarion of Federal ant/mst 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 uriginally paid pursuant to this or any other Federal
...................... :-,°rant-agreement..--It -shall-obtain_the._appro.val~ f_the_Seczetaw_as _to_any_detenv_inafion_of_the_amount ..of_~he ......
l;~darai share of such funds. It shall return the recovered Federal share, including funds recovered by settlement,
'--7 ...... -~rd~r-~r-judgemen~;~-the-S~cretary..-~t-sha~-~nish-t~-the-S.ecretary;-~p~n`request~-a~-d~c~ments-and-rec~rds---
pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negohafion, or
FAA Form 5100~37 (?/90)
2
other efforts taken to recover such funds. All settlements or other final positions, of the Sponsor, in com't or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
The Unitad States shall not be r~sponsible or liable for damage to propertF or injury to persons which m~y a~Sse
from, or be incident to, compliance w~th this grant agreement.
Special Condi~ioas
9. The Sponsor will carry out the project in accordance with policies, standards, and specifications approved by the
Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for
AIP Proiects," dated July 1~ 1999, and mchided in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
10. In accordance with Section 4710g(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 mo:/'e than 1 $ p%rcent f°r devel°Pment Fr°j cots;
~ . . c._ may be increased by not more than 15 perc~t fur land projects.
11. It is mutually Under~tood and agreed that if, dtrring 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 pement
(5°/O,.wbiehever is greater, the.maximum obligation of the Unite. d States 9an he umlaterally reduced by letter.
from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the
FAA determines that a change in the grant descrlption 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.
12. 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 u~derstond that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. It is understood and agreed by and between the pm'ties hereto that this Grant Offer is made and accepted upon the
basis of the preliminary Work Program; and the parties hereto covenant and agree that the Sponsor shall furnish a
revised Work Program to the FAA and that a notice to proceed will not be issued until the revised Work Program
has been approved by the FAA.
F~ Form $100-37 (7/90)
The Sponsor's acceptance ofth~ Offer and l-a0~ication and adoption of the Project Application incorporated h~ein sha~I be evidenced
by execution of tbSs instrument by the Sponsor, as hemina~er provided, and tkis Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Act, constituting the contractual obligations and rights of the Umted States and 1lie Sponsor w~th
respect to/he accomplishm~t of the Project and compliance with the assurance~ and ¢ond~tinns as provided h~ein, Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
United. States of America
Federal Aviation Administration
Manager, Denver AL-ports Dis~x~ct Office
Part - Acceptance
The Spo~sor docs hereby ratify and adopt all assurances, statements, representations, w'affan6es, covenants, and agreements con~med
~ ~e Project Apph~fion ~d ~co~orated ~t~als refe~ed to ~ ~e forego~g O~ and does here~ avcar ~ Offer ~d by such
acceptance a~ees to co~ly ~ a~ of~e ~ ~d con~o~ ~ ~s Off~ ~d m ~e P~oject Apph~fiom
Executed ~s ~y of ,20
CO~ OF P~, COLECO ' '
(SEAL) · By:
Attest: Title:
Tide:
Sponsors Designated Official Representative
Certificate of Sponsor*s Attorney
I, ', acting as Attorney for the Sponsor do hereby cert~:
That in my opinion the Sponsor is ez~owered to enter into the foregoing Gr, mt Agreement under th~ laws of the State of C~lorado.
F~ther, l have exsmi~ed the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and ftud that the
acceptance thereof by sa/d Spomor and SponSors official representative has been duly.authorized and that the execution thereof is in
all :respects due and proper and in ~ccoxdance with the laws of the said State and the Act. In add~on, for grants involving projects to
be carried out on property not owned by the Sponsor, the~e a~e no legal 5~pedJments that v~ll prevent f~l performance by the Sponsor.
Further, it is my epinion that the sa/d Grant Agreement constitutes a legal and binding obligation of the Spo~sor iff accordance with the
terms thereof.
Dated at tiffs _ day of.. ,20
Signature of Sponsor's Attorney
FAA Form 5t00-37 (7/90}
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