CLEARWATER AIRPARK - PROJECT NO. 12-0011-E1-2005
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: November10, 2004
Clearwater Airpark
Project No. 12-0011-E1-2005
TO: City of Clearwater
(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 October 25, 2004, for
a grant of Federal funds for a project at or associated with the Clearwater Airpark, 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:
'FBO Roof Repair/Replacement."
all as more particularly described in the Project Application.
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Public Law
107-117" herein called "the Act", and in consideration of (a) the Sponsor's 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, 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 $20,000.
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. For the purposes of this grant, allowable costs will be reduced by any amount for which
the Sponsor receives funds from another entity for the facility, including but not limited to, another
Federal agency, insurance company, or state and local entities. Final determination of the United
States' share will be based upon the final audit of the total amount of allowable project costs and
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settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. In the event the Sponsor receives funds from another Federal agency, insurance company or
other entity for this project, it shall promptly notify the FAA.
5. 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.
6. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the Sponsor.
7. 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 December 15.
2004, or such subsequent date as may be prescribed in writing by the FAA.
8. 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 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 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.
9 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.
10. 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 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction1
Executive Order 12898 - Environmental Justice
29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.
49 CFR Part 18 - Uniform 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 24 - Uniform relocation assistance and real property
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acquisition for Federal and federally assisted programs.
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 debarment and suspension (nonprocurement)
and government wide requirements for drug-free workplace(grants).
49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new
building construction.
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 and assurances 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 information as may be required.
c. The Sponsor agrees it will not take or permit any action which would operate to deprive it
of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances
in the grant agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with such
performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
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 the amount or nature of that portion of the cost of
the project supplied by other sources, 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 Secretary 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 Secretary 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, except where Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements thereon in which case the
assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period
during which the property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property .
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.
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UNITED STATES OF AMERICA
~ION
/Bart Vernace
Acting Manager
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.
Executed this day of ,2
City of Clearwater
(~ Of_~ponsor)
By~B.~-rr:.
(Sponsor's Designated Official Representative)
,,- " '---. -'. :.'. William B. Horne II
c-~ ~/~ _ ~ Title City Manager
~;., :-Cynthia E;.Eoudeau ~
O' itte: City Cl~:t-~..... _:-
CERTIFICATE OF SPONSOR'S ATTORNEY
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I, Bryan D. Ruff , 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 ~ 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 Clearwater, Florida this ~ day of ~, 2QQL.
By &;u ~
Signmur Sponsor's Attor .
Bryan D. Ruff
Title Assistant City Attorney