HomeMy WebLinkAboutMINUTES - 08122003 - C.18 r
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TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: AUGUST 12, 2003 ` °' el Q u n ty
SUBJECT: Acceptance of Federal Aviation Administration (FAA) and Caltrans grant money to
conduct an Airport Master Plan,Business Plan, and Federal Aviation Regulation Part 150
Noise Study at Buchanan Field:Airport,Pacheco Area.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
i, Recommended Action:
APPROVE and AUTHORIZE. the Chair, Board of Supervisors or his designee to sign a Statement of
Acceptance of Federal Aviation Administration(FAA)and Caltrans grant money in the amount of$982,000
to conduct an Airport Master flan,Business Plan,and Federal Aviation Regulation part 154 Noise Study;at
Buchanan. Field Airport, Pacheco area. (90% FAA., 4.5% Caltrans, and. 5.5% Airport Enterprise Fund)
(District IV).
Continued on Attachment: X SIGNATURE:
-"RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
✓XPPROVE NITER
SIGNATURE S : '
ACTION OF BOA b AUGUST 1.2, 2403�PPROVED AS RECOMMENDED XX OTHER
SEE LIST OF S � S ATTAaIED-
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT tiONE
AYES: NOES:
ABSENT: ABSTAIN:
T hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the.Board of Supervisors on
the date shown.
Orig.Div:BFA ATTESTED: AUGUST 12,_ 2003
Contact: Keith Freitas(6-5722) JOHN SWEETEN,Clerk of the Board of Supervisors and County
cc:
Administrator
By ,Deputy
SUBJECT: Acceptance of Federal Aviation Administration (FAA) and Caltrans grant money to
conduct an Airport Master Plan, Business Plan, and Federal Aviation Regulation Part 150
:noise Study at Buchanan Field Airport,Pacheco area
BATE: August 12,2003
PAGE: 2
11. Fiscal Impact:
There will be no direct costs to the County's General Fund. The total cast to complete the Airport Master
Plan,Business Plan and FAR Part 150 Noise Study is estimated at$1,040,000. The FAA grant amount will
total approximately $936,000 or 90% of the total project. The Caltrans grant amount will total
approximately$46,800. The remaining amount,which totals approximately$57,200 will be funded by the
Airport Enterprise Fund.
111. Reasons for Recommendations and Background:
On October 9,2001;the Board of Supervisors directed Public Works staff to submit an Airport Improvement
Program grant application to the FAA and Caltrans to conduct an Airport Master Plan,Business Plan and
FAR Part 150:poise Study at Buchanan Field Airport. Due to various funding limitation it is only now that
the FAA is able to fund this request.
On October 9,2001,the Board of Supervisors also directed that a stakeholders group be formed to include
the District IV Supervisor, a member of the Aviation Advisory Committee and balanced between aviation
and community interests. This group was to be formed prior to the acceptance of the grant. However,since
without a grant there are no issues to discuss or oversee by the stakeholders, the grant should first be
accepted by the County. Therefore,upon acceptance of a grant from the FAA,the stakeholders group would
be formed to oversee the Master Plan process.
The last Master Plan for the Buchanan Field Airport was completed in 1990. The Airport and the
surrounding communities have experienced significant changes since that time. Over the last thirteen years,
many issues surfaced between the Airport and the surrounding communities and within the Airport itself.
The master planning process, which is similar to a specific plan, will be a good vehicle for the Board to
involve the Public in discussing and resolving these issues.
The last FAR Part 150 Noise Study for Buchanan Field Airport was completed in 1989. The FAl2.Part 150
Study would consider impacts of the airport noise based on current and projected use. The FAR Part 150
Study will:
• Provide an updated Noise Exposure Map and its supporting documentation.
• Provide a description and analysis of alternative measures considered.
• Categorized the parties responsible for implementation.
• Develop a noise compatibility program
• Provide a schedule of implementation
IV. Consequences of Nezative Action:
Federal Aviation Administration grants must be accepted by August 28,2003 or they will be forfeited. The
County would have to wait until 2004 to reapply for grant funding. The Airport Master Plan,Business Plan
and.FAP.Part 150 Noise Study for Buchanan Field Airport will not be completed without grant funds due to
insufficient funds available in the Airport Enterprise Fund.
C.18
August 18, 2003
List of speakers:
1) Ellen Williams, 2384 Gehringer Drive, Concord,
regarding PDA Grant;
2) Hal Yeager, 89 Bayler Lane, Pleasant Hill,
regarding People Over Planes;
3) Nick Virgallito, 2280 Diamond Boulevard,
Concord, regarding Greater Concord Chamber
of Commerce,
4) Marilynne L. Mellander, 7010 Monte Verde
Road, El Sobrante, opposed to closing of
Buchanan Airport;
5) Denise Gianni, 5154 Simone Court, Richmond,
against closing of Buchanan Airport.
U.S Department Westem-Pacific Region 831 Mitten Road,Suite 210
of Transportation Airports Division Burlingame,CA 94010-1300
Federal Aviation San Francisco Airports District Office
Administration
August 1, 2003 . ....,....,,.....,.,:,,:. ,
FEDERAL EXPRESS
Mr. Maurice Shiu, Public Works Director
Centra Costa County
550 Sally Ride Drive
Concord, California 94520
Gear Mr. Shiu:
Buchanan Field Airport, CA;
AIP Project No. 3-06-0050-141
Contract No. DTFA08-03-C-31428
Grant Offer
Enclosed are the original and three copies of the approved Grant Offer
for the above project.
Acceptance of the Grant Offer will obligate the Sponsor to accomplish
the described development. The United States commits itself to
participate in the allowable cost of the project not to exceed the
amount shown on Page 2 of the Grant Offer. The Offer must be accepted
on or before August 29, 2003, as specified in Condition 6, mage, 2 of
the grant Offer.
Basic considerations are that members of the Sponsor's governing body
know the full content of the Grant Offer and that the method of
acceptance conforms to local law.
The official of the Sponsor authorized to accept the enclosed Grant
Offer shall accept it by signing said offer and inserting the date in
the space provided under Part II - Acceptance. The Sponsor's attorney
shall certify that the acceptance complies with all applicable laws and
constitutes a legal and binding obligation of the Sponsor by executing
the "CERTIFICATE OF SPONSOR'S ATTORNEY. " The date of maid certificate
must be the same as, or later than the date of execution.
When the document is fully executed, certified, attested and
appropriate seals are impressed, please return the original and two
Copies of the executed Grant Agreement to this office.
Sincerely,
/Jr4' . Ric ds
rew
anager, Airports District Office
Enclosures
ORIGINAL
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer August 1, 2043
Buchanan Field Airport/Planning Area
Concord, California
Project No. 3-06-0050-14 -
Contract No. DTFA08-03-C-31428
TO: County of Contra Costa
(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 July 15, 2003,
for a grant of Federal funds for a project at or associated with the Buchanan Field
Airport/Planning Area 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 or Planning Area (herein called the
"Project") consisting of the following:
Conduct Noise Compatibility Plan Update
all as more particularly described in the Project Application.
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 40,
United States Code, as amended, and in consideration of (a)the Sponsor's adoption and
Page 1 of 5 Pages
ORIGINAL
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, 90.00
percent of the allowable project costs.
The 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
$450,000.00. For the purposes of any future grant amendments, which may increase the
foregoing maximum obligation of the United States under the provisions of Section 512(b)
of the Act, the following amounts are being specified for this purpose:
$0.00 for planning
$450,000.00 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 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.
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
August 29, 2003.
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 haveb'96-6 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 to the Secretary, upon request, all documents and records pertaining to the
Page 2 of 5 Pages
ORIGINAL
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. It is understood and agreed by and between the parties hereto that notwithstanding the
fact that this Grant Offer is made and accepted upon the basis of the current Exhibit"A°
Property Map, the Sponsor hereby covenants and agrees that upon completion of the
land acquisition in this project, it will update said Exhibit"A" Property Map to standards
satisfactory to the Federal Aviation Administration (FAA) and submit said documentation
in final form to the FAA. It is further mutually agreed that the reasonable cost of
developing said Exhibit"A" Property Map is an eligible administrative cost for participation
within the scope of this project.
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 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. 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.
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
WESTERN-PACIFIC REIGM '
Vose R. Rodri
Acting Manager, Airports District Office
Page 3 of 5 Pages
ORIGINAL
Part 11 -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 , 2003.
COUNTY OF CONTRA COSTA
CALIFORNIA
(SEAL)
By
(SPONSOR'S DESIGNATED OFFICIAL
REPRESENTATIVE)
Title
Attest: ., -
Title:
t CERTIFICATE OF SPONSOR'S ATTORNEY
. . ��
I,._. , t l , 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
Page 4 of 5 Pages
ORIGINAL
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 r (' ( CA this day of , 2003.
k
! AT NS S ATTORNEY
Page 5 of 5 Pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part l -Offer
Date of Offer August 22, 2003
Buchanan Field Airport/Planning Area
Project No. 3-06-0050-13
Contract No.DTFA08-03-C-31453
TO; County of Contra Costa
(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 11, 2001,for a grant of Federal
funds for a project at or associated with the Buchanan Field Field Airport/Planning Area 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 or Planning Area(herein called the"Project")consisting of
the following:
Update Airport Master Plan Study and Business Plan
all as more particularly described in the Project Application.
Page 1 of 4 pages
NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of Title 49,United States Code,as
amended, 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, 90 percent of the allowable project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
I. The maximum obligation of the United States payable under this offer shall be$486,000.40. For the purposes of
any future grant amendments which may increase the foregoing maximum obligation of the United States under
the provisions of Section 512(b)of the Act,the following amounts are being specified for this purpose:
$486,000.40 for planning
$0.00 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 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.
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 August 29,2003,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 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't1 L-ftcretary.
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. The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations,other
local planning agencies,and with the State Airport System Plan prepared by the State's Department of
Transportation and consider any pertinent information,data,projections,and forecasts which are currently
page 2 of 4 pages
available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish
a copy of the final report to the State's Department of Transportation.
10. 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. may not be increased for a planning project.
11. Approval of the project is conditioned on the sponsor's compliance with the applicable air and water quality
standards in accomplishing project construction and in operating the airport. Failure to comply with this
requirement may result in suspension,cancellation, or termination of Federal assistance under this agreement.
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 understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. 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. 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.
14. It is understood and agreed by and between the parties 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.
Page 3 of 4 pages
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
WE -PACIFIC REGION
S
Dan Morse
Acting Manager,Airports District Office
Part H-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 o2t, day of L� ,2003
County of Contra County
(NAME OF SPONSOR)
(SEAL) By
By
(SPONSOR'S DESIGNATED OFFICIAL REPRESENTATIVE)
p� Title
Attest:
Title: :
J
ii CERTIFICATE OF SPONSOR'S ATTORNEY
I, J 1 ,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 ( this day of 41
,
i e s homey
Page 4 of 4 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 -Offer
:Date of Offer August 22, 2003
Buchanan Field Airport/Planning Area
Project No. 3-06-0050-13
Contract No.D71"FA08-03-C-31453
TO: County of Contra Costa
(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 11,2001,for a grant of Federal
funds for a project at or associated with the Buchanan Field Field Airport/Planning Area 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 or Planning Area(herein called the"Project")consisting of
the following:
Update Airport Master Plan Study and Business Plan
all as more particularly described in the Project Application.
Page l of 4 pages
NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of Title 49,United States Code,as
amended, 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,90 percent of the allowable project costs.
The 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$486,000.00. For the purposes of
any future grant amendments which may increase the foregoing maximum obligation of the United States under
the provisions of Section 512(b)of the Act,the following amounts are being specified for this purpose:
$486,000.00 for planning
$0.O0 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 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.
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 August 29._2003,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 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 by1121'"cretary.
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. The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other
local planning agencies, and with the State Airport System Plan prepared by the State's Department of
Transportation and consider any pertinent information,data,projections,and forecasts which are currently
Page 2 of 4 pages
available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish
a copy of the final report to the State's Department of Transportation.
10. 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. may not be increased for a planning project.
11. Approval of the project is conditioned on the sponsor's compliance with the applicable air and water quality
standards in accomplishing project construction and in operating the airport. Failure to comply with this
requirement may result in suspension,cancellation, or termination of Federal assistance under this agreement.
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 understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. 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. 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.
14.It is understood and agreed by and between the parties 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.
Page 3 of 4 pages
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
WES -PACIFIC REGION
�k
e''l ",
Dan Morse
Acting Manager,Airports District Office
Fart H-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 l�ttr , 2003
County of Contra Com
(NAME OF SPONSOR)
(SEAL) By
By
(SPONSOR'S DESIGNATED OFFICIAL REPRESENTATIVE)
Title
Attest: ,r� _w7 ri t+
Title: AAp -ele'
U�
i CERTIFICATE OF SPONSOR'S ATTORNEY
I, }��l 1 ., 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 termf.
s thereof.
Dated at &E t�e-Z, CA this day of 3.
e s ttorney
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