HomeMy WebLinkAboutR-2011-142 Grant Agreement for AIP 3-53-0089-33; Federal Aviation Administration CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
Resolution # R- 2011 -142 Resolution # 360 -2011
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 -33 (the "Project "), is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved the following projects:
Approval of FAA Grant for Snow Removal Equipment Purchase- Design, Rehabilitation of
Terminal Apron - Design, Rehabilitation of Taxiway Alpha and Connectors- Design
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
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.
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.
7�
ADOPTED BY THE CITY COUNCIL this day of ("p f " , 2011.
V _ , , K ; Micah Cawley, Ma or, City of Yakima
L c 4 C.t v 3n
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a •
ATTEST: ;eborah Kloster, City Clerk N e-1
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 6 day of September 2011.
\ ,Itlllltt, 1
i s'
nG -„ Ke . :. e ey, Chairman
L;V �✓ U:
°s.'•''s
age, nd Elliott, Commissioner
l
Attest: Tiera L. Girard Michael D. Leita, Commissioner
Clerk of the Board Constituting the Board of County Commissioners
for Yakima County, Washington
L1
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U.S. Department Seattle Airports District Office
Of Transportation 1601 Lind Ave SW, Suite 250
Federal Aviation Administration Renton, WA 98057
Northwest Mountain Region
August 16, 2011
Mr. Carl Remmel
Airport Manager
2400 West Washington Ave
Yakima, WA 98903
Dear Mr. Remmel:
Grant offer for
Yakima Air Terminal /McAllister Field Airport
Yakima, Washington
AIP Project Number: 3 -53- 0089 -033
Contract Number: DOT -FA11 NM -0047
DUNS Number. 17- 543 -4471
Enclosed is a copy of the subject grant offer in the amount of $418,950.00. Please note that the
grant offer must be accepted by the sponsor and co- sponsor on or before: Tuesday, September
13, 2011.
Please have the appropriate official authorized to execute the Grant Offer sign and date the
"Acceptance" with the appropriate official attesting to the execution and affixing the sponsor's
corporate seal.
The attorney for the sponsor then must execute and date the "Certificate of Sponsor's Attomey"
with the date being no earlier than the date of acceptance of the Grant Agreement. This action
will certify that the acceptance complies with all applicable local and state laws and constitutes a
legal and binding obligation of the sponsor.
After execution is completed, please fax (425) 227 -1650 or scan and e-mail a copy of the signed
Grant Agreement to your FAA project manager not later than: Tuesday, September 13, 2011,
and, also, retum an executed copy to this office by mail.
All applicable project- related requirements pertaining to environmental analysis and approval for
this grant have been met in accordance with the guidelines contained in FAA Order 5050.4B,
Airport Environmental Handbook.
If you have any questions in regard to acceptance of the grant offer, please contact your project
manager or this office.
Sin- - rely,
r
4 1 ' r
Carolyn T. Read
Acting Manager, Seattle Airports District Office
e -116
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 — Offer
Yakima Air Terminal /McAllister Field Airport
Yakima, Washington
Date of Offer: Tuesday, August 16, 2011
Project Number: 3 -53- 0089 -033
Contract Number. DOT -FA11 NM -0047
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
August 12, 2011, for a grant of Federal funds for a project at or associated with
the Yakima Air Terminal /McAllister Field Airport which Project Application, as
approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the
"Project ") consisting of the following:
Acquire Snow Removal Equipment (Phase 1- design); Rehabilitate
apron (Phase 1- design); Rehabilitate Taxiway A, including
connector taxiways (Phase 1- design).
all as more particularly described in the Project Application.
FAA Form 5100 -37 PG 1 (10 -89) Page 1 of 10
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 1 - Conditions
1) The maximum obligation of the United States payable under this Offer shall
be $418,950.00. 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:
$0.00 For planning
$418,950.00 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.
FM Form 5100 -37 PG 2 (10 -89) Page 2 of 10
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 Tuesday, September 13, 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 fumish 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 10
(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 Govemmentwide 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.
FAA Form 5100 -37 PG 4 (10 -89) Page 4 of 10
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 10
Special Conditions
10) It is understood and agreed that the Yakima County, WA and the City of
Yakima, WA authorized the execution of the Application for Federal
Assistance dated August 12, 2011 and Standard DOT Title VI Assurances
dated August 12, 2011, on their behalf by Carl Remmel, 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 Yakima
County, WA and the City of Yakima, WA.
11) It is understood and agreed by and between the parties hereto that this Grant
Offer is made and accepted based on estimates for the design to Acquire
Snow Removal Equipment; Rehabilitate apron; and Rehabilitate Taxiway A,
including connector taxiways; and the parties hereby covenant and . agree that
within 30 days from the date of acceptance of this Grant Offer the final scope
of work and fee shall be submitted.
12) It is understood and agreed by and between the parties hereto that the plans
and specification for the development described on Page 1 hereof, shall be
approved in writing by the FAA prior to advertising for bids.
13) This first phase grant is being issued in order to allow the design to be
completed to Acquire Snow Removal Equipment; Rehabilitate apron; and
Rehabilitate Taxiway A, including connector taxiways.
14) It is understood and agreed by the parties hereto that within two (2) years
from the execution of this agreement that the sponsor will accept, subject to
the availability of federal funding as identified in the Airport Capital
Improvement Plan (ACIP), a grant to complete the final construction of the
project in order to provide a useful and useable facility.
15) 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 by $25,000.00 or five percent
(5 %), whichever is greater, 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
development and land 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. If the increase in project costs is attributable to planning items,
the maximum United States obligation may not be increased. 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
FM Form 5100 -37 PG 6 (10 -89) Page 6 of 10
adjusted to the amount specified or the grant description is amended to the
description specified.
16) In accordance with Section 47108(b) of the Act, as amended, the maximum
obligation of the United States, as stated in Condition No. 1 of this Grant
Offer:
a) may not be increased for a planning project;
b) may be increased by not more than 15 percent for development projects;
c) may be increased by not more than 15 percent for land projects.
17) 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.
18) 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.
19) It is understood and agreed the Sponsor will not claim reimbursement for
costs under this grant until FAA has approved the DBE goals.
FAA Form 5100 -37 PG 7 (10 -89) Page 7 of 10
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
FEDE' /L AVI TIO • p I STRATION
Carolyn T. Read, Acting Manager, Sea le A 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 AppJic atip,k
f
Executed this . .....,`�: Nl NC;�' G'day of S'A' ` • , 2011
��: •s� 0 'L ' `(J) : County of Yakima, Washington
o'• •(s 4 * ; .• p • r • - ignated Official Representative
a .Q/ \ i Attest:
Title:. . o . e.- . .
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Dc r' \ ci arK , 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 1 . this 5 �
yo\k;VtAday of .. k 2011.
5 : 4 7Thi,.... 4) (1
Signature of Sponsor's Attorney
iiismze. s9p‘
FAA Form 5100 -37 PG 8 (10 -89) Page 8 of 10
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 fe-yb+` , 2011
it of aki a, Washington
(S'EAL), 13y. Design
.,� Sponsor's ated Official epresentative
A LL 54 Title:.
z „ 6� u ,f;
ed 6.- 14\114-
Attest �... 0TVi ' . i . _• ..• • 6 1
CITY coNrRac r NO
RESOLUTION NO:, (27( ( "1
CERTIFICATE OF SPONSOR'S ATTORNEY
1 N-2 J er?
.. , , 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, 1 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 °\ j t�dl� thi day of.2011.
Signature of Sponsor's Attorney
•
FAA Form 5100 -37 PG 9 (10 -89) Page 9 of 10
f � A -133 Single Audit Certification Form
The Single Audit Act of 1984, implemented by OMB Circular A -133 (Audits of States, Local Governments,
and Non - Profit Organizations) establishes audit requirements for State and local governments that receive
Federal aid. State or local governments (City, County, Airport Board) that expend $500,000 or more a year
(calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit
Clearinghouse. For more information on the Single Audit Act requirements please reference the following web
site: http: //harvester.census.gov /sac/
This notice is our request for a copy of your most recent audit, whether or not there are any significant findings.
In accordance with your Airport Improvement Program (AIP) grant agreement, you must also provide the
following certification to your local Airports District Office (ADO). Please fill out the information below by
checking the appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom
of the form.
Airport Sponsor Information:
Sponsor Name Fiscal/Calendar Year Ending
Airport Name
Sponsor's Representative Name Representative's Title
Telephone Email
Please check the appropriate line(s):
❑ We are subject to the A -133 Single Audit requirements (expended $500,000 or more in total Federal
funds for the fiscal/calendar year noted above) and are taking the following action:
❑ The A -133 single audit for this fiscal/calendar year has been submitted to the FAA.
❑ The A -133 single audit for this fiscal/calendar year is attached.
❑ The A -133 single audit report will be submitted to the FAA as soon as this audit is available.
❑ We are exempt from the Single Audit A -133 requirements for the fiscal /calendar noted above.
Sponsor Certification:
Signature Date
Return to: FAA, Seattle Airports District Office
1601 Lind Avenue SW, Suite 250
Seattle, WA 98057 -3356
FAA Form 5100 -37 PG 10 (10 -89) Page 10 of 10
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
AIRPORT: Yakima Air Terminal
LOCATION: Yakima, Washington
AIP PROJECT NO.: 3 -53- 0089 -33
STATEMENTS APPLICABLE TO THIS PROJECT A -D
® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been
given to the interest of communities that are near (Exact name of airport)Yakima Air Terminal.
® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land
from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or
Local jurisdiction.
® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the
Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal, and they have been
informed regarding the scope and nature of this project.
d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the
airport.
The above statements have been duly considered and are applicable to this project. (Provide comment for any
statement not checked).
BY: Carl L. Remmel DATE: August 12, 2011
TITLE: Airport Manager -
SPONSORING AGENCY: Yakima Air Terminal
NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the
following specific information concerning the opposition to the project must be furnished.
a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project;
b. The nature and basis of opposition;
c. Sponsor's plan to accommodate or otherwise satisfy the opposition;
d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing
as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and
objectives of such urban planning as has been carried out by the community.
e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance;
f. Sponsor's plans, if any, to minimize any adverse effects of the project;
g. Benefits to be gained by the proposed development; and
h. Any other pertinent information which would be of assistance in determining whether to proceed with the project.
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall.
complete and submit Standard Form LLL "Disclosure of Lobby Activities ", in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
011 Signed Date kLia— ( 5
Sponsor's uthon ed Representa
Title Airport Manager
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor ") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or lease of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a contract is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and /or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to protect the interest of the United
States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add "as a
covenant running with the land ") that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (deed,
license, lease, permit, etc.) for a purpose for which a DOT program or activity is
extended or for another purpose involving the provision of similar services or benefits,
the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add "as a covenant running with the land ") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use
the premises in compliance with all other requirements imposed by or pursuant to 49
CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
STANDARD DOT TITLE VI ASSURANCES
Yakima Air Terminal Board (hereinafter referred to as the Sponsor) hereby agrees that as a
condition to receiving Federal financial assistance from the Department of Transportation
(DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act
of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this agreement. Without limiting the above general
assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be .
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the
Act and the Regulations.
3. Where Federal financial assistance is received to construct a, facility, or part of a facility,
the assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or
an interest in real property, the assurance shall extend to rights to space on, over, or under
such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor 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 periods:
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to
give reasonable guarantees that it, other sponsors, subgrantees,
contractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the act, the
Regulations, and this assurance.
Page 1 of 2
STANDARD DOT TITLE VI ASSURANCES (Continued)
8. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance
for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in
interest and other participants in the Project. The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Sponsor.
DATED August 12, 2011
Yakima Air Terminal Board
(Sponsor)
NeA 0 l L k 1
(Signature of • v thorized Official)
Page 2 of 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor ") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or lease of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a contract is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and /or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved '
in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to protect the interest of the United
States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add "as a
covenant running with the land ") that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (deed,
license, lease, permit, etc.) for a purpose for which a DOT program or activity is
extended or for another purpose involving the provision of similar services or benefits,
the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add "as a covenant running with the land ") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use
the premises in compliance with all other requirements imposed by or pursuant to 49
CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT �
Item No. ,CI
For Meeting Of September 6, 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 -33 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 -007
AIP 3 -53- 0089 -033 – Snow Removal Equipment Purchase - Design, Rehabilitation of
Terminal Apron- Design, Rehabilitation of Taxiway Alpha and Connectors - Design.
Resolution X Ordinance Other (Specify)
® Contract X Mail to (name and address): Will pick up ASAP
Phone: 509 - 575 -6149
Funding Source FAA
APPROVED FOR SUBMITTAL: ,o _ ** ` ' . City Council /Legal
STAFF RECOMMENDATION: Adopt attached city /county resolution
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:.
COUNCIL ACTION:
1111W%
/" 1 / t d z i ^ k Y' k } i k 1 t'.d,
( `r/ h"/ r i nr :') 575
c'. � 12�: `.iL� it i�i ('. CIiJ:'� � ",�.. ! � 'ui ?I�: _. ,.. _... .. .. ... ... _. .. , v -.
RESOLUTION NO. YAT -R- 2011 -007
A RESOLUTION to accept AIP 33 Grant from FAA for Design Snow Removal Equipment,
Rehabilitate Apron and Taxiway "A ".
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 AIP 3 -53- 0089 -033 Grant from FAA in the amount of $418, 950.00 for
Design Snow Removal Equipment, Rehabilitate Apron and Taxiway "A ".
•
ADOPTED BY THE BOARD this 21 day of , 2011.
Willi. m Wh . er, Chairman
410