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HomeMy WebLinkAboutR-2020-052 Yakima Air Terminal Grant Acceptance from FAA Under Coronavirus Aid, Relief, and Economic Security ActA RESOLUTION RESOLUTION NO. R-2020-052 authorizing acceptance of a grant from the Federal Aviation Administration (FAA) under the Coronavirus Aid, Relief, and Economic Security Act to provide economic assistance in response to COVID-19 operational impacts WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the 2019-20 coronavirus pandemic is an ongoing pandemic of coronavirus disease 2019 (COVID-19) that has reached more than 190 countries, causing economic distress on all forms of businesses including the transportation industry; and WHEREAS, on March 27, 2020, the President of the United States signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to minimize the economic impacts and assist Cities throughout the nation with their response to the COVID-19 virus, and WHEREAS, Title XII, Division B of the CARES Act provides approximately $10 Billion Dollars to support U.S airports experiencing severe economic disruption caused by the COVID-19 public health emergency; the funds will be distributed to airports to prevent, prepare for, and respond to the COVID- 19 public health emergency; and WHEREAS, the CARES grant funds are available to sponsors as defined in Section 47102 of title 49, United States Code, airport sponsors meeting statutory and policy requirements under this section and identified in the FAA's current National Plan of Integrated Airport Systems are eligible, and WHEREAS, grant funds will be provided directly from the U S Treasury's General Fund to prevent, prepare for, and respond to the impacts of the COVID-19 public health emergency; the FAA's Office of Airports will administer grant funds to airport sponsors, and WHEREAS, the Yakima Air Terminal -McAllister Field is presently eligible to receive a 2020 Airport Improvement Program (AIP) grant from the federal government at a 100% share and may not require the use of the airport sponsor's local 10% match funded under the Passenger Facility Charge Program (PFC); and WHEREAS, the CARES Act has allocated at least $7 4 Billion Dollars in additional funding to Commercial Service Airports that may receive the additional funding for any purpose for which airport revenues maybe lawfully be used, the additional grant funding will be distributed to all Commercial Service Airports based upon a percentage of the airport's total 2018 passenger enplanements, and WHEREAS, the CARES Act has allocated at least $2 Billion Dollars in additional funding to be made available to large, medium, and small airports, as well as non -hub primary airports, for any purpose airport revenues may be lawfully used, this additional funding will be distributed based upon statutory AIP primary entitlement formulas, and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to accept a grant of CARES funding from the Federal Aviation Administration for funds needed to accomplish previously identified capital improvements on the airport as well as for application to any purpose for which airport revenues maybe lawfully be utilized; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1 The City Manager is hereby authorized and directed to accept additional CARES grant funds from the Federal Aviation Administration to rehabilitate the airport's primary Runway 9/27 High Intensity Runway Lighting system and associated electrical components, together with conducting the necessary pavement maintenance to include crack, fog seal and update the airfield pavement markings in order to extend the useful life of the Runway at the Yakima Air Terminal -McAllister Field. 2 The City Manager is further authorized and directed to accept CARES grant funds to be applied to any purpose for which airport revenues may be lawfully used, in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330) Additionally, the CARES Act further provides that the grant funds may not be used for any purpose not related to the airport. ADOPTED BY THE CITY COUNCIL this 5th day of May, 2020 ATTEST Pafricia Byers, ayorr Sonya Olaar Tee, City Clerk tiffs ,4� J • OMB Number 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 ;*1 Type of Submission *2. Type of Application * If Revision, select appropriate letter(s): *Other (Specify) ■ Preapplication ►1 New 11 Application ■ Continuation ■ Changed/Corrected Application • Revision *3 Date Received 4 Applicant Identifier. NA YKM (Yakima Air Terminal/McAllister Field) Yakima, WA *5b Federal Entity Identifier. 530089 *5b Federal Award Identifier. State Use Only: 1 6. Date Received by State 7 State Application Identifier. 8. APPLICANT INFORMATION: *a. Legal Name City of Yakima *b Employer/Taxpayer Identification Number (EIN/TIN) 91-6001293 *c. Organizational DUNS 07-821-2651 d. Address: i *Street 1 2406 West Washington Ave, Suite B, Street 2: Ste. B *City. YAKIMA County *State WA Province *Country' USA. United States *Zip / Postal Code 98903 e. Organizational Unit: Department Name Division Name f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name Robert Middle Name *Last Name Peterson Suffix: Title Airport Director Organizational Affiliation *Telephone Number 509-575-6149 Fax Number i *Email rob peterson@yakimawa gov OMB Number 4040-0004 Expiration Date: 1 Application for Federal Assistance SF-424 *9. Type of Applicant 1: Select Applicant Type: X. Airport Sponsor Type of Applicant 2: Select Applicant Type. Type of Applicant 3 Select Applicant Type jOther (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number 20.106 CFDA Title Airport Program *12. Funding Opportunity Number NA *Title NA 13. Competition Identification Number NA Title NA 14. Areas Affected by Project (Cities, Counties, States, etc.): *15. Descriptive Title of Applicant's Project: Any purpose for which airport funds may be lawfully used, as found in the Office of Airports Revenue Use Policy, except airport development or land acquisition Attach supporting documents as specified in agency instructions. OMB Number 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 16. Congressional Districts Of: *a. Applicant: 4 *b Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date NA *b End Date NA 18. Estimated Funding ($): a. Federal $1,286,003 *b Applicant $0 *c. State $0 *d Local $0 "e. Other *f Program Income $0 *g. TOTAL $1,286,003 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? Order 12372 Process for review for review on • a. This application was made available to the State under the Executive • b Program is subject to E.O 12372 but has not been selected by the State 0 c. Program is not covered by E. 0 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation in attachment.) ■ Yes 11 No If "Yes", provide explanation and attach 21 *By signing this application, I certify (1) to the statements contained in the herein are true, complete and accurate to the best of my knowledge I also with any resulting terms if I accept an award I am aware that any false, fictitious, me to criminal, civil, or administrative penalties. (U S Code, Title 218, Section list of certifications** and (2) that the statements provide the required assurances** and agree to comply or fraudulent statements or claims may subject 1001) obtain this list, is contained in the announcement or 0 ** I AGREE ** The list of certifications and assurances, or an Internet site where you may agency specific instructions Authorized Representative: Prefix: *First Name e�C Middle Name ",Last Name. Melc.✓h v Ff Suffix: � *Title. J 11—fiNl I— (/ mil r{ � i AHGY.?.t/ 'Telephone Number 509-575-6149 Fax Number- *, Email at ' X. WI .e\ PAo f T @ a(41Mawct , 9 0✓ *;Signature of Authorized Representative /' „4 04 .P^,4,./..A. �,( I *Date Signed A of s� 2oi j CITY CONTRACT NO: 2 4 AO ri 7 RESOLUTION NO: 12-?420 -o5 ? 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 5.F. For Meeting of: May 5, 2020 ITEM TITLE: Resolution authorizing acceptance of a grant from the Federal Aviation Administration (FAA) under the Coronavirus Aid, Relief, and Economic Security Act to provide economic assistance in response to COVI D-19 operational impacts SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: On March 27, 2020, the President of the United States signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to minimize the economic impacts and assist cities throughout the nation with their response to the COVI D-19 pandemic. This Bill also provides approximately $10 billion to airports within the National Plan of Integrated Airports System experiencing severe economic disruption caused by the virus. The Federal Aviation Administration (FAA) has indicated the Yakima Air Terminal -McAllister Field is eligible to receive funds outlined in the Bill, which includes 100% federal funding for the airport's Runway 9/27 High Intensity Runway Lighting replacement and asphalt maintenance project. Additionally, the airport is eligible to receive funding for any purpose for which the airport revenues might be lawfully used to help offset the losses due to the virus. All funds received must be expended in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues. In anticipation of receiving federal funds, staff has prepared a memo outlining recommended uses of such funds and is attached for Council's consideration. Estimated grant award from the FAA is $1,286,003. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: 2 Description Upload Date Type D Risoiution 7,2026 (Resolution D Council Memo 4121/2020 Backup Material D CARES Gran( Award List 4'14'2020 Backup Material D FAA DARES Act Presentation 41140020 Backup Material ID SF-424 Grant Application 4:21/2TO Backup Material CARES Act Grant Transmittal Letter Mr. Alex Meyerhoff, Interim City Manager City of Yakima 2406 West Washington Ave, Ste B Yakima, WA 98903 Dear Mr. Meyerhoff: Please find the following electronic CARES Act Grant Offer, Grant No. 3-53-0089-046-2020 for Yakima Air Terminal/McAllister Field. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The Sponsor's authorized representative must execute the grant, followed by the attomey's certification, no later than June 12, 2020 in order for the grant to be valid. L. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA's Policy and Procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are required to upload directly to Delphi: • An invoice summary, even if you only paid a single invoice and • The documentation in support of each invoice covered in the payment request. For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: • A final financial report summarizing all of the costs incurred and reimbursed, and • An SF-425, and A narrative report. The narrative report will summarize the expenses covered by the CARES Act funds and state that all expenses were in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues and incurred after January 20, 2020. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once you have drawn down all funds and uploaded the required documents to Delphi, notify Mary Vargas, by email that the grant is administratively and financially closed. Mary Vargas is readily available to assist you as your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts. Sincerely, William C. Garrison Acting Manager Seattle Airport District Office u aDepartment p,Tranopvrtm Transportation mmen,|Aviation Administration Federal Award Offer Date Airport/P|anningArea CARES Grant Number Unique Entity Identifier TO: City ofYakima, Washington ACTAIRPORT GRANT AGREEMENT PART I — OFFER Yakima Air Terminal/McAllister Field —Yakima, Washington 3-53-0089-046-2020 (Contract Number: DOT-FA20NM-KO058) 078212651 (herein called the "Spons or") The United States of America (acting through the Federal Aviation Administration, herein called the 'FAA") WHEREAS, the Sponsor has submitted to the FAA oCoronavirus Aid, Relief, and Economic Security Act (CARES Act or"the Act")Airports Grants Application (herein called the °Gram")dated May5, 2030,for a grant of Federal funds at or associated with the Yakima Air Terminal/McAllister Field, which is included aspart ufthis Grant Agreement; and WHEREAS, the Sponsor has accepted the terms of FAA's Grant offer; WHEREAS inconsideration ofthe promises, representations and assurances provided bythe Sponsor, the FAA has approved the Grant Application for the Yakima Air Terminal/McAllister Field (herein called the ^Grant")consisting ofthe following: This Grant isprovided inaccordance with the CARES Act, asdescribed below, toprovide eligible Sponsors with funding to help offset a decline in revenues arising from diminished airport operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts to specific airports are derived bylegislative formula. The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided under this Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational and maintenance expenses or debt service payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance expenses directly related to Yakima Air Terminal/McAllister Field incurred no earlier than January 20, 2020. CARES Act Airport Grants also may be used to reimburse a Sponsor's payment of debt service where such payments occur on or after April 14, 2020. Funds provided under the Grant will be governed bythesameprindp|esthatgovern"oirportnexenue.^Nevvairport6eve|opmentpnojectsmaynotbe funded with this Grant, unless and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and authorizes the use of funds for the airport development project. NOW THEREFORE, inaccordance with the applicable provisions ofthe CARES Act, Public Law Number 116-136, the representations contained in the Grant Application, and in consideration of, (a) the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND 00BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES tmpay 1Q0%percent ofthe allowable costs incurred asaresult mfand ln accordance with this Grant Agreement. Assistance Listings Number (Formerly [F0ANumber): 20.106 This Offer ismade onand SUBJECT T0THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation ofthe United States payable under this Offer ix $1,2#6'OOI 2. Period of Performance. The period ofperformance shall commence mnthe date the Sponsor formally accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period ofperformonce(2CFR4Z0O3D9).Un|eastheFAAauthorizesaxvrittenextension,theSpunsurmust submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout ofthis Grant Agreement. 3. Unallowable`Costs.TheSponsorsha||notseekreimbursementforanycoststhuttheFAAhaodetermined to6eunallowable under the CARES Act. 4.Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. S. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%. 6^ Completing the jGrant wwithout sedav!and with Requirements. Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant Agreement, the CARES Act, and the regulations, policies, standards and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at later date by mutual consent. 7, Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right toamend or withdraw this offer atany time prior tuits acceptance bythe Sponsor. 8. Offer Expiration Date.ThisofherwiUexpnean6theUnitedStateswiUnotbeob|igatedtopayanypart of the costs unless this offer has been accepted by the Sponsor on or before June 12, 2020, or such subsequent date asmay beprescribed inwriting bythe FAA. 8. of Federal Funds. The Sponsor must take all steps, including litigation ifnecessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Grant Agreement, the CARES Actor other provisionufapp|icab|e|axv.ForthepurposeuofthisGrantAgneementtheterm"Fe6era|funds^means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining tothe determination ufthe 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 ofsuch Federal share require advance approval 6ythe Secretary. 10'UnNtedStates Not Liable for ^orInjury. The United States isnot responsible orliable for damage to property or injury to persons which may arise from, or relate to this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Grant Agreement. 11. for 'Award |Management K) Registration And 'Universal Identifier Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found atthe SAK8xxebsite(currently athttp://vvwvv.sam.gnv). 12. Electronic Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department ofTransportation (DOT)Financial Assistance Avvardees. 13.FKoancial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor 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 expense which funds are provided under this Grant. The Sponsor will include a provision implementing applicable Buy American statutory and regulatory requirements in all contracts related tothis Grant Agreement. 15.Au6Ns for The Sponsor must provide for aSingle Audit orprogram-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse onthe Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/ . Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 16. Suspension or Debarment. When entering into a"covered transaction~asdefined 6yJCFRy18O.JOO the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not excluded ordisqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded mrdisqualified from participating. B. Require prime contractors tocomply with 2CFRg1QU.33Owhen entering into lower -tier transactions (e.g.sub'contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 17. A. |naccordance with Executive Order 13513,Federal Leadership onReducing Text Messaging While Driving, October l'2OO9 and DOT Order 39U2.DlText Messaging While Driving, December 30 2O09'the Sponsor isencouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant or subgrant. a. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: o. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with textingwhile driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 18. Trafficking in Persons. A. You osthe recipient, your employees, subrecipients under this award, and subredpients' employees may not -- 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; Z. Procure a commercial sex act during the period of time that the award is in effect; or s. Use forced labor in the performance of the award or subawards under the award. B. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you orasubrecipientthat isaprivate entity — 1. Is determined to have violated a prohibition in paragraph A of this award term; or z. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either — a. Associated with performance under this award; or 6. Imputed tothe subrecpientusing the standards and due process for imputing the cunductofanindhvi6ua|toanorganizationthataneprovidedin2CFRPart10l^OM8 Guidelines toAgencies onGovernment-wide Debarment and Suspension (Nnnprocunement)'^asimplemented 6ythe FAA at 2CFRPart 12OO. 3. You must inform us immediately of any information you receive from any source alleging a violation ofoprohibition inparagraph Aduring this award term. 4. Our right toterminate unilaterally that isdescribed inparagraph Aofthisxection: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (2IU.S.C.§71O4(g))'and 6. |sinaddition toall other remedies for noncompliance that are available tothe FAA under this award. 19. Protection from Reprisal. A. Prohibition ofReprisals — z. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement ofaFederal grant; b. Gross waste ofFederal funds; u. Anabuse ofauthority relating tuimplementation oruse ofFederal funds; d. Asubstantial and specific danger topublic health orsafety; or e. Aviolation oflaw, rule, orregulation related toaFederal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are asfollows: a. Amember ofCongress orarepresentative ofacommittee nfCongress; b. AnInspector General; c. The Government Accountability Office; d. AFederal office oremployee responsible for oversight ofagrant program; e. Acourt nrgrand jury; f. A management office of the grantee or subgrantee; or g. AFederal urState regulatory enforcement agency. a. Submission ofComp|aint—A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. s. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 4lU.S.C.§4712(b). o. Assumption ofRights toCivil Remedy Upon receipt ofanexplanation nfadecision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right toacivil remedy under 4lU.S.C.§4713(c). 20. Employee Retention. - For Large Medium, and Small Hub Airports only: [insert name ofairport sponsor]' owner and operator of[insert name ofairport], as [insert hub size] hub airport, agrees tncontinue to employ, through December 31, 2020, at least 90 percent of the number of individuals employed (after making adjustments for retirements or voluntary employee separations) by the airport as of March 27, 2020, unless this provision is specifically waived by the Secretary at the airport Sponsor's written request. The Sponsor shall provide to the FAA the number of employees employed as of March 27, 2020, within 10 business days of this Grant being awarded. Provided further, the Sponsor will report to the FAA the number of employees as of June 30, September 30, and December 31 of 2020, within 10 business days ofthe end ofeach reporting period. 21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement. SPECIAL CONDITIONS 1' ARFF/and SIRE Equipment and Vehicles. The Sponsor agrees that itwill: A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on -airport use only; D. Restrict the vehicle tothe use for which itwas intended; and E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of a vehicle and equipment. 2' Equipment m,Vehicle Replacement. The Sponsor agrees that itwill treat the proceeds from the trade-in orsale ofequipment being replaced with these funds osairport revenue. B' Off -Airport Storage oYARFFVehicle. The Sponsor agrees that itwill: A. House and maintain the vehicle in a state of operational readiness for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle; C. Restrict the vehicle toairport use only; D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; E. Within 6Odays, execute anagreement with local government including the above provisions and a provision that violation of said agreement could require repayment of Grant funding; and F. Submit acopy ofthe executed agreement tothe FAA. 4. Equipment Acquisition. The Sponsor agrees that itwill maintain Sponsor -owned and -operated equipment and use for purposes directly related tothe airport. S. Utilities Proration. For purposes of computing the United States' share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable tothe capital or operating costs ofthe airport. 6' Utility Relocation jnGrant. The Sponsor understands and agrees that: A. The United States will not participate inthe cost ofany utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment ofsuch costs; B. FAA participation is limited to those utilities located on -airport or off -airport only where the Sponsor has aneasement for the utility; and C. The utilities must serve o purpose directly related tothe Airport. The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 CARES Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Grant and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. ~~~'Please read the following information: 8ysigning this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, toreceive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent atany time. UNITED STATES oQF AMEN0CA FEDERAL AVIATION ADMINISTRATION William C.Garrison (Typed Name) Acting Manager, Seattle ADO (Title of FAA Official) PART 1U-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part 11 of this Agreement, 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 Grant Application. Please read the following information: Bysigning this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. |fyou prefer not to6oso, you may request toreceive paper copies and withdraw your consent atany time. | declare under penalty of perjury that the foregoing is true and correct. Dated May 14, 2020 _-_'� CITY RESOLUTION NO., City of Yakima, Washington (Name ofSpomor) Alex ��eKhoff (Signature of Spommr's Authorized Official) By: Alex Meyerhoff (Typed Name ofSpumor's Authorized Officiol) Title: Interim City Manager (Title ofSponsor's Authorized Official CERTIFICATE OF SPONSOR'S ATTORNEY |, Jeff Cutter , acting asAttorney for the Sponsor dohereby 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 and 5ponoor'sof0da| 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 CARES Act. The Sponsor understands funding made available under this Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes' subject to additional terms' conditions, and assurances. Further' it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor inaccordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and ' withdraw your consent atany time. Dated May 18, 2020 �7(1y��18,2020 (Signature ofSpomm»ttomey) CARES ACT ASSURANCES AIRPORT SPONSORS AL General. 1. These assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Actof3O2O (CARES Act or "the Act"), Public Law Number, Public Law 116-136. As used herein, the term public agency sponsor" means a public agency with control of a public -use airport; the term private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated into and become part ofthis Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect tothis Grant that: It 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 Grant including but not limited tothe following: FEDERAL LEGISLATION a. Federal Fair Labor Standards Act '29U.S.[201, etoeq. b. Hatch Act —5 U.S.[ 1501, etseq. C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.[46O1'etseq. d. National Historic Preservation Act of1966'Section 1O6 16U.S.C.470(f). e. Archeological and Historic Preservation Act of1974'16U.SI.4G9through 468c t Native Americans Grave Repatriation Act ZSU.S.C.Section 3OO1'etseq. g. Clean Air Act, P.L9O'148 as amended. b Coastal Zone Management Act, P.L.93'ZOS,asamended. i Flood Disaster Protection Act of1973'Section 10I(a) '42 U.S.C. 4012a. j. Title 49, U.S.C., Section 303, (formerly known asSection 4Hl). k. Rehabilitation Act of1973'29U.S.C.794. i Title V|ofthe Civil Rights Act nf1964(4ZU.5.[§JOOOdetseq,78stat. discrimination onthe basis ofrace, color, national origin). m. Americans with Disabilities Act of199O'asamended, (42U.S.C.§1I1O1 discrimination onthe basis ofdisabiUty). n. Age Discrimination Act of1975 42U.5.C.61O1,etseq. 252)(prohibits o. American Indian Religious Freedom Act, Pl.9S'341,asamended. p. Architectural Barriers Act of1968'43U.S.[41S1,etseq. q. Power plant and Industrial Fuel Use Act of197O'Section 4O3'2U.5.C.O373. r. Contract Work Hours and Safety Standards Act '4OU.S.C.3Z7'etseq. S. Copeland Anti -kickback Act '18U.lC.O74.1. t. National Environmental Policy Act of1969'4ZU.S.C.4321,etseq. u. VVi|6 and Scenic Rivers Act, P.L. 90-542, as amended. V. Single Audit Act of19O4'31U.S.[7SO1,etseq. w. Drug -Free Workplace Act ofl9QO'41U.S.[.7O2through 706. x. The Federal Funding Accountability and Transparency Act of2UO6'asamended (Pu6.L. lU9'2O2,asamended bysection 62U2ofPub. L11O'ZSZ). EXECUTIVE ORDERS o. Executive Order 11246-Equal Employment Opportunity b. Executive Order 1199U'Protection ofWetlands c. Executive Order 119SO—Flood Plain Management d. Executive Order 12373 Intergovernmental Review ofFederal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12&98'Environmental Justice g. Executive Order l37@D Buy American and Hire American h. Executive Order 13858 - Strengthening Buy -American Preferences for Infrastructure Projects FEDERAL REGULATIONS a. 2CFRPart 1QO'OMB Guidelines toAgencies onGoxennmentwideDebarment and Suspension (Non procurement). b. 2CFRPart 2OO'Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2CFRPart 1ZOU Nonp,ocurement Suspension and Debarment. d. 28CFR Part 35-Discrimination onthe Basis ofDisability inState and Local Government Services. e. 28CFR§ 50.3' U.S. Department ofJustice Guidelines for Enforcement ofTitle V| ofthe Civil Rights Act of1Q54. t 29CFRPart 1'Procedures for predetermination ofwage rates. 9. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed and assisted construction (obo|oborstondar6sproxisiunsapp|ioab|etnnon- construction contracts subject to the Contract Work Hours and Safety Standards Act). i 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). ]. 49CFRPart 30 New restrictions onlobbying. k. 4BCFRPart 21'Nondiscrimination inFederal y'ossistedprograms ofthe Department of Transportation - effectuation ofTitle V|mfthe Civil Rights Act ofl964. i 49CFRPart J6 Participation byDisadvantaged Business Enterprises inDepartment uf Transportation Program .49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving orBenefiting from Federal Financial Assistance. m. 49CFRPart I0 Enforcement ofNondiscrimination onthe Basis ofHandicap inPrograms or Activities conducted 6ythe Department ofTransportation. n. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access toU.S.contractors, o. 49CFRPart 32 Government -wide Requirements for Drug -Free Workplace (Financial Assistance). p. 49CFRPart 37 Transportation Services for Individuals with Disabilities (ADA). q. 49CFRPart 41 Seismic safety of Federal and Federally assisted or regulated new building construction. Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. l. Purpose Directly Related tmthe Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances 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. Lz Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be 3. Good Title. It, apublic agency orthe Federal government, holds good title, satisfactory tothe Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will beacquired. 4. Preserving Rights and Pmmens' a. 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, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, 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 tothe Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. S. Accounting System, Audit, and Record Keeping Requirements. a. Itshall keep all Grant accounts and records which fully disclose the amount and disposition bythe recipient ofthe proceeds ofthis Grant, the total cost ofthe Grant inconnection with which this Grant is given or used, and the amount or nature of that portion of the costof the Grant supplied by other sources, and such other financial records pertinent to the Grant. 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. b. It shall make available to the Secretary 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 this Grant. The Secretary may require that an appropriate audit be conducted by recipient. |nany 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 Grant in connection with which this 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. 6. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services atanairport byonly one fixed -based operator isnot anexclusive right if-- a` it is unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide the services; and b. allowing more than one fixed -based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 7. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used. CARES Act Grant funds provided under this Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendumms. 8. Reports and Inspections. It will: u. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed bythe Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid 6ythe airport toany other unit ofgovernment and the purposes for which each such payment was made; and 3. all services and property provided 6ythe airport tmother units ofgovernment and the amount ofcompensation received for provision ofeach such service and property. 9. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions ofactivity, fad|ity, and program asfound and defined ing§21.Z3 (b)and I123(e)of49CFRPart 21,the sponsor will facilitate all programs, operate all facilities, orconduct all programs incompliance with all non-discrimination requirements imposed byorpursuant tothese assurances. b. Applicability 1. Programs and Activities. |fthe sponsor has received ogrant (or other Federal assistance) for any of the sponsor's program or activities, these requirements extend toall ofthe sponsor'sprograms and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to fad|ity, the assurance extends tothe entire facility and facilities operated in connection therewith. I Real Property. Where the sponsor receives agrant orotherFederal financial assistance in the form of, or for the acquisition of, real property or an interestin real property, the assurance will extend to rights to space on, over, or under such property. c Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following 1. So long as the airport is used asanairport, orfor another purpose involving the provision ofsimilar services prbenefits; or Z. Solong asthe sponsor retains ownership orpossession ofthe property. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless offunding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of1964(7OStat.3GZ'42U.SI.§§2ODOdto2OU0d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against onthe grounds ufrace, color, or national origin in consideration for an award." d. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non'discrimination in Federally -assisted programs of the DOT,and incorporating the acts and regulations into the contracts byreference inevery contract oragreement subject tnthe non- discrimination inFe6ensUy-asoiatedprogramsoftheOOTactsandregu|atiuns. 2. Itwill include olist ofthe pertinent non-discrimination authorities inevery contract that is subject to the non-discrimination acts and regulations, 3. It will insert non'discr nination contract clauses as covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discri mination contract clauses prohibiting discrimination on covenant running with the land, inany future deeds, leases license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and Lz For the construction nruse of, nraccess to, space on, over, orunder real property acquired orimproved under the applicable activity, grantor program. e. It will provide for such methods of administration for the program as are found by the Secretary togive reasonable guarantee that it, other recipients, sub'recpients,sub' grantees'contractoo,subcontractocs,conou|tants,tmansfevees,ouccessnrsinintenest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. f. It agrees that the United States has aright toseek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 10. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 1l.Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per -unit acquisition cost equal to or greater than $5,000. Procurements by micro -purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods urservices that 6nnot exceed the $2SD,OUOthreshold for simplified acquisitions.