CONTRACT 2888 Grant Agreement2888
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer SEP Q 5 2000
Los Angeles International Airport /Planning Area
Project No. 3 -06- 0139 -NT
Contract No. DTFA08 -00 -C -21316
TO: City of El Segundo, California
(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 Project Application dated March 30, 2000 for a grant of Federal
funds for a project at or associated with the Los Angeles International Airport/Planning Area which Project
Application, as approved by the FAA, is hereby incorporated herein and made part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project ") consisting
of the following:
Noise mitigation measures for residences in the city of El Segundo within the 75
DNL (approx. 50 units).
all as more particularly described in the Project Application.
Page 1 of 4 Pages
2888
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway
Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the "Act," and /or the Aviation Safety and Noise Abatement Act of 1979, 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, 80.00
percent of those eligible 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
$1,000,000.00.
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
$1,000,000.00 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 September 30, 2000 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 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.
Page 2 of 4 Pages
9. Buy American Requirement. Unless otherwise approved by the FAA, it 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 airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision implementing this
special condition.
10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and
accepted upon basis of preliminary plans and specifications; and the parties agree that within 180
calendar days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and
specifications to the FAA, and that no construction work will be commenced hereunder, and that no
contract will be awarded for the accomplishment of such work until the said final plans and specifications
have been approved by the FAA; and the parties do further agree that any reference made in this Grant
Offer or in aforesaid Application to plans and specifications shall be considered as having reference to
said final plans and specifications as approved.
11. No payment shall be made under the terms of this grant agreement for work accomplished on privately
owned land until the sponsor submits the agreement with the owner of the property required by
Assurance 5d of the Part V Assurances and such agreement is determined to be satisfactory. As a
minimum, the agreement with the private owner must contain the following provisions:
11.1. The property owner shall subject the construction work on the project to such inspection and
approval during the construction or installation of the noise compatibility measures and after completion
of the measures as may reasonably be requested by the Secretary or the sponsor.
11.2. The property owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears
any responsibility for the maintenance and operation of these items.
11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of
the private property, or the owner's agent, the property owner shall agree to maintain and make available
to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds
received and the disposition of those funds.
11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise
impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the
effectiveness of the noise compatibility measures during the useful life of such measures. This obligation
shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20
years from the date of the sponsor's acceptance of Federal aid for the project.
12. Data Processing Repairs for Year 2000 Date Change. The sponsor attests any automated facility,
technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport
Improvement Program project has completed, or will complete, successful verification and validation of
the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the
facilities, systems, or equipment prior to its acceptance and /or commissioning to verify it meets
operational standards. The future Y2K awareness, assessment (including associated testing),
renovation, validation, and implementation work related to the project will be the responsibility of the
sponsor or its contractor. The Government will not participate in additional costs of Y2K assessment,
testing, or repair work for the automated data processing subject to this grant agreement.
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NW i1
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 AVIA'T'ION ADMINISTRATION
O
oL `
J94 P. Milligan
u ervisor, Standards Section
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 14;-i' day of September, 2000.
City of El Segundo, California
(Name of Sponsor)
By
(SEAL) (Sponsor's Designated Official Representative)
Title 1 "I` a 7 c�-
Attest: l G`���Y \OJyUi,U
Title: b C_ p y (y O ((�/
-'-'-� CERTIFICATE OF SPONSOR'S ATTORNEY
I, 1 e (�t� l�il- 1j,,� ",✓!CC , 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 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 Z ='e/'Of "QQ this �_ day of '� eYO ' 2000.
Signature of Sponsor's Attorney
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