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Page 1 of 6 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: Pullman-Moscow Regional Airport Pullman, Washington Project Number: 3-53-0051-11 Contract Number: DOT-FA94NM-0058 To: The city of Pullman, Washington and the City of Moscow, Idaho (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 September 21, 1994, 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 WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Modify Aircraft Rescue and Fire Fighting (ARFF) building; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) 94-68 ---PAGE BREAK--- Page 2 of 6 pages 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," andjor the Aviation Safety and Noise Abatement Act of 1979, 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 $191,625.00. 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: $ • 00 $191,625 .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 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. FAA Form 5100-37 PG 2 (10-89) ---PAGE BREAK--- Page 3 of 6 pages 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, 1994, 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 fraudulent ly, 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 11 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 docu ments and records pertaining to the determination of the amount of the Federal share or to any settlement, litiga tion, 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 dated September 21, 1994, and standard DOT Title VI Assurances dated September 22, 1994, on their behalf by Alfred R . Halvorson, Chairman, Airport Board, that they jointly and severally adopted and ratified the represen tations and assurances contained therein; and that the word 11 Sponsor11 as used in the project application and other assurances is deemed to include the City of Pullman, Washington and the City of Moscow, Idaho. FAA Form 5100-37 PG 3 (10-89) ---PAGE BREAK--- Page 4 of 6 pages 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 Section 512 of the Airport and Airway Improvement Act of 1982 to cover increased eligible and allowable develop ment 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. The Sponsor agrees to request cash draw downs 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. 12. It is understood and agreed by and between the parties hereto that this Grant is made and accepted upon the basis of preliminary plans and specifications; and the parties hereby covenant and agree that within 30 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 nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the afore said project application to plans and specifications shall be considered as having reference to said final plans and specifications. 13. 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 . FAA Form 5100-37 PG 4 (10-89) ---PAGE BREAK--- Page 5 of 6 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 By. (!c_9 : . Carol A. Key, - 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 28th day of September , 1934 . s( 6 'signated Official Representative Attest: . . . • . . . . . . . . . . . . . . . . . . . . . . . . . Title CERTIFICATE OF SPONSOR' ATTORNEY I, N R, \-li!\QLAI'It , 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 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 ttA.LU-(1'\1\(1 w;tt. t1JeiRJN this + t!!"day of '3 c\>\E:Hl!etL 19 . . . . t.<:7o8 . . . . . . . . . . . . . . ign ture of Sponsor's Attorney 1\-Tir' R l1 , FAA Form 5100-37 PG 5 (10-89) ---PAGE BREAK--- Page 6 of 6 pages 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. ExecÜÝ Of Mos. r4 . . . c0 day ofpi- n, Û , 199/ City of Moscow, Idaho I · · * e, { \\\CORPORATto \ * By • • C2 * : JU&Y !2 : ;1 Sponsor's Designated Official $ lv8! 0° J/ Representative • ii:l tA • • ' , , • • • • • / ,Yt a 4l:£ • • • e \ % Tl tle: . . . . . . . &Jf:t1% • • • • • • • • • • • • • • • 0 . . . . fll # ) AttesÞ . ' . . Title. eZJ-. . . CERTIFICATE OF SPONSOR'S ATTORNEY I 1 3 %le.Sllt--Q£ certify: , acting as Attorney for the Sponsor do hereby That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Idaho. 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 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. FAA Form 5100-37 PG 6 (10-89)