HomeMy WebLinkAbout06/21/2011 15 YAT Resolution - YAT-R-2011-003 Grant Award BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of June 21, 2011
ITEM TITLE: Resolution authorizing application for federal assistance and standard DOT
Title VI Assurances, and authorizing execution and acceptance of a Grant Agreement for AIP
3 -53- 0089 -32 for Federal Assistance and Certificate of Sponsor's Attorney between the
Federal Aviation Administration, the City of Yakima and Yakima County.
SUBMITTED BY: Kris Yalovich, Administrator - Security, Leases, Projects
CONTACT PERSON/TELEPHONE: Kris Yalovich, 575 -6149
SUMMARY EXPLANATION: This grant being awarded to the City of Yakima and Yakima
County for project at the Yakima Air Terminal— McAllister Field as follows:
YAT Resolution – YAT -R- 2011 -003
AIP 3 -53- 0089 -032 – Airport Master Plan
Resolution X Ordinance Other (Specify)
41) Contract X Mail to (name and address): Will pick up ASAP
Phone: 509- 575 -6149
Funding Source FAA
APPROVED FOR SUBMITTAL: � L, City Council /Legal
STAFF RECOMMENDATION: Adopt attached city /county resolution
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION: •
• CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
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 November 19, 2010 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 -32 (the "Project "), is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved the following projects:
Airport Master Plan
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 five (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 November 19,2010 on their behalf
by Carl Remmel, Airport Manager, and that they jointly and severally adopt and ratify the
representations and assurances contained therein, and; is understood that the word
ASponsor= 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
4110
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 upon receipt.
Joint Resolution - AIP -32
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 November
19, 2010, executed by Carl Remmel, 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 ASponsor= 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 upon receipt.
ADOPTED BY THE CITY COUNCIL this day of , 2011.
Micah Cawley, Mayor, City of Yakima
ATTEST: Deborah Kloster, City Clerk
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 upon receipt.
DONE this day of , 2011
Kevin J. Bouchey, Chairman
J. Rand Elliott, Commissioner
Michael D. Leita, Commissioner
Constitutes the Board of County Commissioners for
Yakima County, Washington
ATTEST:
Tiera Girard
Clerk of the Board
Joint Resolution - AIP -32
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RESOLUTION NO. YAT -R- 2011 -003
A. RESOLUTION to accept AIP 32 Grant from FAA for Master Plan.
WHEREAS, the Yakima Air Terminal Board of Directors ( "Board ") operates the Yakima Air
Terminal ( "YAT") under the authority granted by the Joint Operations Agreement signed by the
City and County of Yakima, Washington on July 1, 1982; and,
BE IT RESOLVED BY THE BOARD FOR THE YAKIMA AIR TERMINAL:
A RESOLUTION to accept A/P 3 -53 -0089 -032 Grant from FAA in the amount of $477,642,00 for
the Master Plan
ADOPTED BY THE BOARD this 21 day of June, 2011.
William Wheeler, Chairman
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 5 pages
Grant Agreement
Part 1 - Offer
Yakima Air Terminal /McAllister Field Airport
Yakima, Washington
Date of Offer. June 13, 2011
Project Number: 3 -53- 0089 -032
Contract Number: DOT -FA11 NM -0009
To: County and 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
November 19, 2010, 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:
Update airport master plan study
all as more particularly described in the Project Application.
411 FAA Form 5100 -37 PG 1 (10 -89) Page 1 of 8
411 NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of Title 49, United States Code, 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 allowable Project costs. '.
This Offer is made on and subject to the following terms and conditions:
Part I - Conditions
1) The maximum obligation of the United States payable under this Offer shall
be $477,642.00. For the purposes of any future grant amendments which
may increase the foregoing maximum obligation of the United States under
the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
477 642.00 For r plannrng
$0.00 For airport development or noise program implementation
2) The allowable costs of the project shall not include any costs determined by
the FAA to be ineligible for consideration as to allowability under the
provisions of the Act.
3) Payment of the United States' share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such regulations
and procedures as the Secretary shall prescribe. Final determination of the
United States' share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4) The Sponsor shall carry out and complete the Project without undue delays
and, in accordance with the terms hereof, and such regulations and
procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5) The FAA reserves the right to amend or withdraw this Offer at any time prior
to its acceptance by the Sponsor.
• FAA Form 5100 -37 PG 2 (1 -89) Page 2 of 8
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 Monday, June 24, 2011, 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 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 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.
9) Trafficking in persons:
a) Provisions applicable to a recipient that is a private entity.
i) You as the recipient, your employees, subrecipients under this award,
and subrecipients' employees may not—
(1) Engage in severe forms of trafficking in persons during the period
of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the
award is in effect; or
(3) Use forced labor in the performance of the award or subawards
under the award.
ii) We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if you or a.subreceipient that is a private entity —
(1) Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
(2) 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 —
FAA Form 5100-37 PG 3.(10 -89) Page 3 of 8 •
(a) Associated with performance under this award; or
• (b) Imputed to your or the subrecipient using the standards and due .
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency
at 49 CFR Part 29.
b) Provision applicable to a recipient other than a private entity.
i) We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if a subrecipient that is a private entity—
(1) Is determined to have violated an applicable prohibition in
paragraph a.1 of this award term; or
(2) Has an employee who is determined by the agency official
authorized to terminate the award to have violated an applicable
prohibition in paragraph a.1 of this award term through conduct that
is either —
(a) Associated with performance under this award; or
(b) Imputed to the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension ( Nonprocurement)," as implemented by our agency
at 49 CFR Part 29.
c). Provisions applicable to any recipient.
I) You must inform us immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph a.1 of this
award term.
ii) Our right to terminate unilaterally that is described in paragraph a.2 or
b of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act
of 2000 (TVPA), as amended (22 U.S.C 7104 (g)), and
(2) Is in addition to all other remedies for noncompliance that are
available to us under this award.
iii) You must include the requirements of paragraph a.1 of this award term
in any subaward you make to a private entity.
FM Form 5100 -37 PG 4 (10 -89) Page 4 of 8
d) Definitions. For purposes of this award term:
• i) "Employee" means either:
(1) An individual employed by you or a subrecipient who is engaged in
the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or
program under this award and not compensated by you including,
but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost
sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods:
the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
iii) "Private entity ":
(1) Means any entity other than a State, local government, Indian tribe,
or foreign public entity, as those terms are defined in 2 CFR
175.25.
(2) Includes:
(a) A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
(b) A for - profit organization.
iv) "Severe forms of trafficking in persons," "commercial sex act," and
"coercion" have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).
FAA Form 5100 -37 PG 5 (10 =89) Page 5 of 8
Special Conditions
10) It is understood and agreed that the City of Yakima, Washin ton and the County of
Washington Y
Yakima, Washington authorized the execution of the Application for Federal
Assistance dated November 19, 2010 and Standard DOT Title VI Assurances dated
November 19, 2010, on their behalf by Carl Remmel, Airport Manager and Robert
Peterson, Assistant 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. The Sponsor further agrees to submit a Federal
Financial Report (FAA Form SF -425) to the FAA Airports District Office within 15
working days following the end of each fiscal year quarter and to submit an
informational copy of an Outlay Report and Request for Reimbursement (FAA Form
SF -271) to the FAA Airports District Office for each letter of credit drawdown.
12) The Sponsor shall provide for an annual audit in accordance with Office of
Management and Budget Circular A -133. The Sponsor shall provide one copy of
the completed A -133 Audit to the. FAA Airports District Office and three copies of the
audit to: Federal Audit Clearinghouse, Bureau of the Census, 1201 10th Street,
Jeffersonville, IN 47132.
13) The Sponsor agrees to coordinate this master planning study with the metropolitan
planning organizations, other local planning agencies, and with the State Airport
System Plan prepared by the State's Department of Transportation and consider
any pertinent information, data, projections, and forecasts which are currently
• available or as will become available. The Sponsor agrees to consider all
Clearinghouse comments and to furnish a copy of the final report to the State's
Department of Transportation.
FAA Form 5100 -37 PG 6 (10 -89) Page 6 of 8
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
FED AVIATION ADMI STRATTON
By �'/�
Stanley C. Allison, Acting ADO Ma • :ger, SeaP 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 day of , 2011
City of Yakima, Washington
(SEAL) By
Sponsor's Designated Official Representative
Title:
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for the Sponsor
do hereby certify: •
That in my opinion the Sponsor is empowered to enter into the foregoing Grant
Agreement under the laws of the State of Washington. Further, I have examined the
foregoing Grant Agreement and the actions taken by said Sponsor 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 this day of 2011.
Signature of Sponsor's Attorney
FAA Form 5100 -37 PG 7 (10 -88) Page 7 of 8
Fart H - Acceptance
The Sponsor does hereby ratify and adopt all assurance statements, Y p s, ements, 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 day of , 2011
County of Yakima, Washington
(SEAL) ay
Sponsor's Designated Official Representative
Title:
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor
do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant
Agreement under the laws of the State of Washington. Further, I have examined the
foregoing Grant Agreement and the actions taken by said Sponsor 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 this day of 2011.
Signature of Sponsor's Attorney
FM Form 5100 -37 PG 8 (10 -83) Page 8 of 8
•
YAKIMA, YAKIMA AIR TERMINAL- McALLISTER FIELD
Resolutions:Airport Resolutions
AIRPORT RESOLUTIONS TITLE
YAT- R- 2011 -001 Grant Amendment AIP 3-53 -0089 -31
YAT -R- 2011 -002 YAT Runways 9/27 Improvements Constructions
YAT -R- 2011 -003 Approve Grant Agreement AIP 3 -53- 0089 -032 Master Plan