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HomeMy WebLinkAboutR-2007-112 Federal Aviation Administration (FAA) Grant Applicaiton & Agreement 3-53-0089-27CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION Resolution No R-2007-112 Resolution # A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAICIMMA 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 June 14, 2007 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 3-53-0089-027 (the "Project"), is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the following projects: Runway 27 Safety Area Improvements (S. 16th Ave), Design and Environmental, Construct Traverse Way (Access Rd) Runway 22 approach. 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 in accomplishing the Project, up to ninety (95%) 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 June 14, 2007, on their behalf by Buck Taylor, Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein, and; 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. 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 board:organizational doc,resolution for Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 14, 2007, executed by Buck Taylor, 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 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 7th day of August, 2007. David Edler, Mayor ATTEST: 01314 Deborah Moore, City Clerk board:organizational doc,resolution BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 14, 2007, executed by Buck Taylor, 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 7th day of August, 2007. /s/ Mike Leita Mike Leita Chair, Yakima County Commissioners /s/ Ronald F. Gamache Ronald F. Gamache, Commissioner /s/ Rand Elliott Rand Elliott, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington ATTEST: /s/ Christina Steiner Clerk of the Board board:organizational doc,resolution R-2oe7-//2 r U.S. Department of Transportation Federal Aviation Administration Page 1 of 5 pages Grant Agreement Part 1 - Offer Date of Offer: July 26, 2007 Yakima Air Terminal/McAllister Field Yakima, Washington Project Number: 3-53-0089-027 Contract Number: DOT-FAO7NM-0073 To: County of Yakima, Washington and the City 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 June 14, .2007, for a grant of Federal funds for a project at or associated with the 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: Improve Runway 22 safety area, including constructing service road around safety area and constructing apron and taxilane; Improve Runway 27 safety area including environmental and design (Phase 1); all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out theprovisions of United States Code, as amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) percentum of all allowab e 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 $809,740.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $809,740.00 for airport development or noise program implementation 2. The allowab) be ineligible e costs of the project shall not include any costs determined by the FAA to for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. ,The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before August 27, 2007, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 10. 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 Standard DOT Title VI Assurances both dated June 7, 2007, on their behalf by Buck Taylor, 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. 11. The Sponsor agrees to request cash drawdowns 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. FAA Form 5100-37 PG 3 (10-89) 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 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 /2661 By J. Wade Bryant, Manager, Seattle Airports District Office Part II — Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this (SEAL) Attest , 2007. City of Yakima, ashington Title:.. a,-/-7 fes. Sponsor's Designated Official Representative or CERTIFICATE OF SPONSOR'S ATTORNEY I, . �1'/%4o44/ L . eac' (e //A- CITYCO:,, ; RESOLUTION N0: , 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 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.. l °'.l �'� a / A this 171 day of u Y1 2007. FAA Form 5100-37 PG 5 (10-89) Signature of Sponsor's Attorney Page 5 of 5 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. `7`6 Executed this day of (SEAL) S. Q; 1 =m:1. w:' �sr�ti. o� Title: .. Christina. S.. Steiaer• Clerk of the Board , 2007. County of Yakima, Washington Sponsor's Designated Official Representative Michael D. Leita, Title: Chairman CERTIFICATE OF SPONSOR'S ATTORNEY I, ..�!'%.. �<%�11� , acting as Atiorney 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 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 witthe terms thereof. Dated at this ' day of r , 2007. Signatydre of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) CITY OF YAKIMA RESOLUTION Resolution # 10— Z 007 — / 1 Z YAKIMA COUNTCCY RESOLUTION Resolution # 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 June 14, 2007 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 3-53-0089-027 (the "Project"), is hereby incorporated herein and made a part hereof; and WHEREAS, Runway 27 Traverse W the FAA has approved the following projects: afety Area Improvements (S. 16th Ave), Design and Environmental, Construct y (Access Rd) Runway 22 approach. 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 in accomplishing the Project, up to ninety (95%) 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 June 14, 2007, on their behalf by Buck Taylor, Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein, and; 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. 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 board orgarnzational doc,resolution BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMESSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 14, 2007, executed by Buck Taylor, 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 7 day of-- 1 , 2007. ATTEST: Christina S. Steiner Clerk of the Board board.organizalional doc,resolution Mi e Leita Chair, Yakima County Commissioners Ronald F. Gamache, Commissioner Ilion, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington ..... nn:tlh�hr •N�` PKIi.IA C pry U�% 0 W A ..... 4 y'•. •'1'� 'Jg 12. CO 0 wiN z: c- `o ••'C� for Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 14, 2007, executed by Buck Taylor, 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 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. . _h ADOPTED BY THE CITY COUNCIL this r% day of A • ) U5t, 2007. ATTEST: Debbie Moore, City Clerk board.organzational doc,resolution Dave Edler, Mayor, City of Yakima AIA AIR TERMINAL MicALLISTER HELD 2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575-6149 • (509) 575-6185 Fax July 31, 2007 City of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members:'? The Federal Aviation Administration has offered a Grant in the amount of $809,740.00 as reimbursement for two separate projects at the airport. The projects are: Runway 27 Safety Area Improvements (S. 16th Ave), Design and Environmental, Construct Traverse Way (Access Rd) Runway 22 approach. The Yakima Air Terminal Board requests the Yakima City Council adopt the attached resolution authorizing the City Manager and City Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Buck Taylor, Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your August 7, 2007 City Council meeting. The Yakima County Commissioners have also been requested to consider this resolution at their meeting on the same date. Thank you for your consideration in this matter. Kris Yalovich Administrative Assistant enclosures: FAA Grant Application and Grant Agreement board:organizational doc,resolubon BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I d For Meeting Of August 7, 2007 ITEM TITLE: Consideration of Joint Resolution ratifying an application and authorizing and accepting a grant agreement for runway safety area improvements at the Airport SUBMITTED BY: Dick Zais, City Manager CONTACT PERSON/TELEPHONE: Buck Taylor/575-6149 SUMMARY EXPLANATION: The Federal Aviation Administration has offered .a grant in the amount of $809,740 for two separate projects at the airport. The attached resolution authorizes the City of Yakima and Yakima County to ratify an application and execution of a grant agreement for federal assistance with the Federal Aviation Administration for the following projects: 1) Runway 27 Safety Area Improvements (S. 16th Avenue), Design and Environmental; and 2) Construct Traverse Way (Access Road) Runway 22 approach Resolution _X_ Ordinance _ Contract _ Other (Specify) Grant Agreement & Airport Letter Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Joint Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: • YAM Mc A AP"' 'MINAL LUSTER HELD 2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575-6149 • (509) 575-6185 Fax July 31, 2007 City of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members: The Federal Aviation Administration has offered a Grant in the amount of $809,740.00 as reimbursement for two separate projects at the airport. The projects are: Runway 27 Safety Area Improvements (S. 16`h Ave), Design and Environmental, Construct Traverse Way (Access Rd) Runway 22 approach. The Yakima Air Terminal Board requests the Yakima City Council adopt the attached resolution authorizing the City Manager and City Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Buck Taylor, Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your August 7, 2007 City Council meeting. The Yakima County Commissioners have also been requested to consider this resolution at their meeting on the same date. Thank you for your consideration in this matter. Kris Yalovich Administrative Assistant enclosures: FAA Grant Application and Grant Agreement board:organizational doc,resolution