HomeMy WebLinkAboutR-2002-036 Grant Application for Airport Terminal Security RequirementsCITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
NO R- 2002-36 NO i "I ( 5
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an
Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and
acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the
Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington.
WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the
Yakima Air Terminal; and
WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration
("FAA") an Application for Federal Assistance dated January 9, 2002 for a grant of federal funds for projects
at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances, as approved by the
FAA under project number 3-53-0089-024 (the "Project"), is hereby incorporated herein and made a part
hereof; and
WHEREAS, the FAA has approved the following projects:
"Compensation to the sponsor for a portion of the direct costs associated with new, additional, or
revised security requirements imposed on the airport operator by the Adrmnistrator on or after
September 11, 2001, as more particularly described in the Project Application, and protected a
sensitive security information under 49 CFR Part 1520."
WHEREAS, the United States of America, acting through the FAA has offered to City and County
a grant to pay, as the United States share of the allowable costs incurred m accomplishing the Project, up to
one hundred (100%) percentum of all allowable project costs for the project, and
WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the
allowable costs incurred in the Project, that:
1) it is understood and agreed that the City of Yakima, Washington and the County of Yakima,
Washington authorized the execution of the Application for Federal Assistance and the
Standard DOT Title VI Assurances both dated January 9, 2002, on their behalf by Bob Clem,
Airport manager, and that they jointly and severally adopt and ratify the representations and
assurances contained therein; and it is understood that the word "Sponsor" as used in the
project application and other assurances is deemed to include the City of County, Washington
and the County of Yakima, Washington.
(Resolution - AIP-24, 4/02)
2) the City and County authorize the City Manager and City Attorney for the City of Yakima
and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima
County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney.
NOW, THEREFORE,
(Resolution - AIP-24, 4/02)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 9, 2002,
executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Apphcation and Standard
DOT Title VI Assurances are attached hereto and incorporated herein, and, it is understood that the word
"Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima,
Washington, and the County of Yakima, Washington, and,
The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant
Offer and to execute other such documents as may be required.
ADOPTED BY THE CITY COUNCIL this 2nd day of April , 2002.
ATTEST. Karen S. Roberts, City Clerk
(Resolution - AIP-24, 4/02)
,./...-6;:d-C-
Mary ace, Mayor, City of Yakima
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 9, 2002,
executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Application and Standard
DOT Title VI Assurances are attached hereto and incorporated herein; and, it is understood that the word
"Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima,
Washington, and the County of Yakima, Washington, and,
The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept the
Grant Offer and to execute other such documents as may be required.
Dated this, day of
2002.
ATTEST:
Carla M. Ward,
Clerk of the Board
(Resolution - AIP-24, 4/02)
(61A.
Ronald F. Gamache, Chair, Yakima County Commissioners
EXCUSED
Jes S. Palacios, Commissioner/
//James M. Lewis, C
l/
er
Constitutes the Board of County Commissioners for
Yakima County, Washington
U.S. Department
of Transportation
Federal Aviation
Administration
March 26, 2002
Mr. Bob Clem
Airport Manager
Yakima Air Terminal
2400 West Washington Avenue
Yakima, Washington 98903
Dear Mr. Clem:
Seattle Airports District Office
1601 Lind Avenue, S.W., Suite 250
Renton, Washington 98055-4056
Grant offer for
Yakima Air Terminal/ McAllister Field; Yakima, Washington
AIP Project Number 3-53-0089-024
Enclosed are five copies of the subject grant offer. Please note that:
a. The grant offer must be accepted by each cosponsor on or before April 26, 2002.
b. The grant offer must be accepted by an official authorized by the governing
agencies to do so.
c. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore,
must be made after the Sponsor's acceptance.
d. After execution is completed, please return three executed,copies of the grant
agreement to this office.
All applicable project -related requirements pertaining to environmental analysis and approval for
this grant have been met in accordance with the guidelines contained in FAA Order 5050.4A,
Airport Environmental Handbook (1985).
If you have any questions in regard to acceptance of the grant offer, please contact your project
manager.
Sincerely,
ti
1
T. Wade Bryant
Manager, Seattle Airports
District Office
cc: Washington State Aeronautics
r V,
411
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I — Offer
,
Page I of 5 pages
Date of Offer: March 26, 2002
Yakima Air Terminal/McAllister Field
Yakima, Washington
Project Nn. 3-53-00R9-024
Contract No. DOT-FAO2NM-0012
City of Yakima,
akima, W aSilIgtoYand the County ofYakima, Washington (iereircalled th e "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 January 9, 2002, for a grant of
Federal funds for a project at or associated with Yakima Air Terminal/McAllister Field, 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:
"Compensation to the sponsor for a portion of the direct costs associated with
new, additional, or revised security requirements imposed on the airport operator
by the Administrator on or after September 11, 2001."
as more particularly described in the Project Application, and protected as sensitive security information under 49
CFR Part 1520,
NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable provisions of Public Law 107-
117, providing funds for "grants-in-aid for airports" for reimbursement to airports of direct costs associated with
additional or revised security requirements, herein called "the Act", and in consideration of (a) the Sponsor's accep-
tance 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 terms 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 $126,634.00.
Page 2 of 5 pages
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 FAA 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 FAA shall prescribe, and agrees to comply with the terms
and conditions which are made part of this grant offer.
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 April 26, 2002, 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 dispersed by the Sponsor that were originally paid pursuant to this or any other
Federal grant agreement. It shall obtain the approval of the FAA 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 FAA. It shall furnish to the FAA, 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 FAA.
8. The United States shall not be responsible or liable for damage to property or injury to persons that may
arise from, or be incident to, compliance with this grant agreement.
9. 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 Opportunityl
Executive Order 12898 - Environmental Justice
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 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial assistance.1
49 CFR Part 29 — Government wide debarment and suspension (nonprocurement)
and government wide requirements for drug-free workplace(grants).
OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts with State
And Local Governments.
OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations
Page "i of S napes
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,
terms and conditions 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
information1V11information0.J 1110.y 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 and conditions in the grant agreement
without the written approval of the FAA, 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 FAA.
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 proiect in connection with
which the grant is given or used, 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 FAA 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 FAA 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.
g.
The Sponsor agrees that none of the costs reimbursed from this agreement can be included in any rates
L......`...1+.� 11..... .,i. ..._.1 • _._
1,110.1 b'Gu W ,iJer3 viiLL1G all iJV1L auu ill ti1G vv e116 111Y11 Julal GOStS 11d.VC UGC1111iL+1 UllGu 111 rates ClltlrgCU uy LI1C
airport to users, such rates shall be adjusted to reflect this reimbursement. If rates have been collected, such
funds will be refunded to the users of the airport in the same amount as collected.
Special Condition
1. The sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its
disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to
be revoked.
2. It is understood and agreed that the City of Yakima, Washington and the County of Yakima,
Washington authorized the execution of the Application for Federal Assistance and the Standard
DOT Title VI Assurances both dated January 9, 2002, on their behalf by Bob Clem, Airport Manager,
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
9-n
...+ inla„,v the city of Yakima, Washington and +1G County of Yakima, Washington.
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 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 terms and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
EDERAJ AVIATION MINIS
r Battle
•
TION
. Wade Bryant, Manager, Airports District Office
Part II - Acceptance
The Sponsor doeshereby ratify and adopt all terms and conditions, 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 twits
and conditions in this Offer and in the Project Application.
Executed this 3 day of A
(SEAL)
r,
Attest: `� CCA -0--1,--, /e 4-6
, 2002.
Ci of Yakima, Washington
By
(Sponsor's Designated Official Representative)
Title
% O
Title: C7 --h
)
CERTIFICATE OF SPONSOR'S ATTORNEY
leou,vvwx.61L .1e( LA-, 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 Spon-
sor 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
fek
this 3 day of 2002.
By
ature of §ponsor's Attorney
Pavy S of S magas
Part II - Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, 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
(SEAL)
5/r`'- day of
iVed1o4!lei 0404
Sid
� i ti 3s,
et��n4,
Attest: ���Ur'�"ail
�
Title:
County of Yakima, Washington
By
(Sponsor's Designated Official Representative)
OUTitle IJA,;i&_-?..)
-� uzl CERTIFICATE OF SPONSOR'S ATTORNEY
I, 9- . lot , 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, T have examined the foregoing Grant Agreement and the actions taken by said Spon-
sor 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
zza,
this �rl� day ofL, 2002.
By
Signature o1
Title I C c cif /
nsor's Attorney
YAKIMA AIR TERM NAL
McALL1STER FIELD
2400 West Washington Ave • Yakima, Washinaton 98903 • (509) 575-6149 • (509) 575-8185 Fax
April 1, 2002
Yakima County Commissioners
Yakima County Courthouse, Room 416
Yakima, Washington 98901
Dear Yakima County Commissioners:
The Federal Aviation Administration has offered a Grant in the amount of $126,634.00 as reimbursement for
new, additional and revised airport security requirements as a direct result of the September 11, 2001 attacks.
The Yakima Air Terminal Board requests the Commissioners adopt the attached resolution authorizing the
Chair of the Commission and the County Prosecutor to sign the enclosed Federal Aviation Administration
Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Bob Clem, Airport Manager,
on the Grant Application. As you may recall from previous such resolutions, this is a foiniahty required by
the FAA. We respectfully request this action be taken at your April 3, 2002 County Commissioners meeting.
The Yakima City Council has also been requested to consider this resolution at their Tuesday Council meeting.
This Grant will enable the Yakima Air Terminal to reimburse the City of Yakima Police Department and the
Yakima County Sheriff's department for additional personnel costs incurred in supporting airport security
during the first three months after the attack.
Thank you for your consideration in this matter.
Bob Clem
Airport Manager
enclosures: FAA Grant Agreement
(Resolution - AIP-24, 4/02)
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I — Offer
Page 1 of 5 pages
Date of Offer: March 26, 2002
Yakima Air Terminal/McAllister Field
Yakima, Washington
Project No. 3-53-0089-024
Contract No. DOT-FAO2NM-0012
TO: City of Yakima, Washington and the County of Yakima, Washington (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 January 9, 2002, for a grant of
Federal funds for a project at or associated with Yakima Air Terminal/McAllister Field, 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:
"Compensation to the sponsor for a portion of the direct costs associated with
new, additional, or revised security requirements imposed on the airport operator
by the Administrator on or after September 11, 2001."
as more particularly described in the Project Application, and protected as sensitive security information under 49
CFR Part 1520.
NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable provisions of Public Law 107-
117, providing funds for "grants-in-aid for airports" for reimbursement to airports of direct costs associated with
additional or revised security requirements, herein called "the Act", and in consideration of (a) the Sponsor's accep-
tance 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 terms 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 $126,634.00.
Page 2 of 5 pages
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 FAA 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 FAA shall prescribe, and agrees to comply with the terms
and conditions which are made part of this grant offer.
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 April 26, 2002, 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 dispersed by the Sponsor that were originally paid pursuant to this or any other
Federal grant agreement. It shall obtain the approval of the FAA 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 FAA. It shall furnish to the FAA, 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 FAA.
8. The United States shall not be responsible or liable for damage to property or injury to persons that may
arise from, or be incident to, compliance with this grant agreement.
9. 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 Opportunityl
Executive Order 12898 - Environmental Justice
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 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial assistance.1
49 CFR Part 29 — Government wide debarment and suspension (nonprocurement)
and government wide requirements for drug-free workplace(grants).
OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts with State
And Local Governments.
OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations
Page 3 of 5 pages
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,
terms and conditions 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 and conditions in the grant agreement
without the written approval of the FAA, 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 FAA.
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 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 FAA 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 FAA 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.
g.
The Sponsor agrees that none of the costs reimbursed from this agreement can be included in any rates
charged to users of the airport and in the event that such costs have been included in rates charged by the
airport to users, such rates shall be adjusted to reflect this reimbursement. If rates have been collected, such
funds will be refunded to the users of the airport in the same amount as collected.
Special Condition
1. The sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its
disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to
be revoked.
2. It is understood and agreed that the City of Yakima, Washington and the County of Yakima,
Washington authorized the execution of the Application for Federal Assistance and the Standard
DOT Title VI Assurances both dated January 9, 2002, on their behalf by Bob Clem, Airport Manager,
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 the City of Yakima, Washington and the County of Yakima, Washington.
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 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 terms and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
EDERAL AVIATION DMINISTi.ATION
&
. Wade Bryant, Manage Seattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, 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
(SEAL)
3 '"IL
day of
Arr.:
, 2002.
of Yakima, Washington
By \\-\�•- `
(Sponsor's Designated Official Representative)
CV') mCtma r
itle
Attest: 2`
Title: C e'i/e,r
CERTIFICATE" OEASEDNSOR'S ATTORNEY
Ikol W & Poo I e 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 Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Spon-
sor 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 GL.k ( wax, (A../A this 3 leIA day of / , 2002. _
By
art CONTRACT NO: QV- a f_
RESoumTiON #tC: /7
nature of Sponsor's Attorney
Page 5 of 5 pages
Part II — Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, 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 54.-J- day of
(SEAL)
Attest:
Title:
e
® 1/4 : k /'mo ®.� •s em -
cez-A-k.
`
At 1 "'
�V� A
(1 %J /5L) (iJv d
, 2002.
County of Yakima, Washington
By
(Sponsor's Designated Official Representative)
Title eka'E'r1'`Y ''
CERTIFICATE OF SPONSOR'S ATTORNEY
IR,„ t J S 2 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 Spon-
sor and Sponsor's official representative has been duly authorized and thatthe 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 , "?,-te, day of��' 2002.
By
Signature onsor's Attorney
Title e 1,7
