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To: From: U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: August 16, 2000 Pullman-Moscow Regional Airport Pullman, Washington Project Number: 3-53-0051-17 Contract Number: DOT-FAOONM-0059 Page 1 of 5 pages The City of Pullman, Washington and the City of Moscow, Idaho (herein called the " Sponsor") The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREA S, the Sponsor has submitted to the FAA a Project Application dated August 14,2000, for a grant of Federal funds for a project at or associated with the Pullman-Moscow Regional Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREA S, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Improve Runway 23 safety area, including object free area (Phase all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) 2000-54 ---PAGE BREAK--- Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, and in consideration of 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 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, ninety (90) percentum of all allowable Project costs. 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 $571,623.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the Title 49, U.S.C., Section 47108 the following amounts are being specified for this purpose: $ 0.00 $571,623.00 for planning 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 provisions of Title 49, U.S.C., Subtitle VII, Part B. 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 16, 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 auy 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 FAA Form 5100-37 PG 2 (10-89) ---PAGE BREAK--- Page 3 of 5 pages 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. Special Conditions 9. It is understood and agreed that the City of Pullman, Washington and the City of Moscow, Idaho authorized the execution of the Application for Federal Assistance and Standard DOT Title VI Assurances both dated August 14, 2000, on their behalf by Mitchell D. Chandler, Chairman, Airport Board, and that they jointly and severally adopted and ratified the representations and assurances contained therein; and that the word " Sponsor" as used in the project application and other assurances is deemed to include tbe City of Pullman, Washington and the City of Moscow, Idaho. 10. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U. S.C., Section 47108 to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 11. 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. 12. 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 sponsor must provide for continuous operation and maintenance of such, or alternate courses of action. 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. FAA Form 5100-37 PG 3 (10-89) ---PAGE BREAK--- Page 4 of 5 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 tbe Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49, U.S.C., Subtitle VII, Part B, 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 STATE S OF AMERICA FEDERAL AVIATION ADMINI STRATION By Wade Bryant, Manager, Seattle Airports District Office Part II- Acceptance The Sponsor does hereby ratify and accept 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 3C. . . . . . . . day of . . , 2000. of Pullman, Washington ( SEAL) Attest: Sponsor's Designated Official Representative • Mayor Title: . . . . • . . • • . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title: f.i .n.a.'1C:'l. 1 . . • . . . • • • • • • • . . • . • • • . • . CERTIFICATE OF SPON SOR'S ATTORNEY I, . • , 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 Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof 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 Title 49, U.S.C., Subtitle VII, Part B. 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. lz_ , ' . Dated at . . this . . 2.t::f. . . . . . day of , ' . . • . . . . , 2000. 0 FAA Form 5100-37 PG 4 (10-89) - ' . . . • • 1 u - is ·At - - . . . . . . . ---PAGE BREAK--- Page 5 of 5 pages Part II - Acceptance The Sponsor does hereby ratify and accept 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 thM Pr ject A . ppl:9tion. . v- Executed th1s . • . . . . . . . . . • . day of . . . . U r . . . . . , 2000. ( SEAL) At U City of Moscow, Idaho / /7 · . Sponsor's Designated Offici Representative CERTIFICATE OF SPON SOR'S ATTORNEY 1, . . . . . -1-·1/J ( v . . . . . . , 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 tbe State of Idaho. Further, 1 have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof 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 Title 49, U.S.C., Subtitle VII, Part B. 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. J:fft1c . Dated at . . . . . • • . • . . . . . . . . . . . . • th1s. P[A'j . day of ./i.kt.f.4ff . . . . . . , 2000. FAA Form 5100-37 PG 5 (10-89)