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HomeMy WebLinkAbout08/18/2009 19 FAA Grant Agreements for Airport Projects; Runway Rehabilitation; Property Acquisition • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4( 1 For Meeting Of August 18, 2009 ITEM TITLE: Consideration of Joint City /County legislation authorizing application for federal assistance and acceptance of grant agreements with the Federal Aviation Administration for projects at the Yakima Air Terminal - McAllister Field: A. Resolution authorizing AIP 29 – Runway 9/27 rehabilitation and REIL's relocation (RW4) project B. Resolution authorizing AIP 30 – Acquisition of privately -owned property adjacent to the Airport SUBMITTED BY: Mike Redmond, Airport Manager CONTACT PERSON/TELEPHONE: Mike Redmond, 575 -6149- ' SUMMARY EXPLANATION: This grant has been awarded to the City of Yakima and Yakima County for projects at the Yakima Air Terminal — McAllister Field. • Resolution X (2) Ordinance Other (Specify) Contract X (2) . Mail to (name and address): Phone: Funding Source / APPROVED FOR SUBMITTAL: U_ �� -� H—M' City Manager STAFF RECOMMENDATION: Adopt 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 August 5, 2009 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 -29 (the "Project "), is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the following projects: 1) Runway 9/27 Rehabilitation and REIL's Relocation (RW4) Project 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 August 5, 2009, on their behalf by Mike Redmond, 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 Joint Resolution - AIP -29 Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's 40 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 August 5, 2009, executed by Mike Redmond, 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 , 2009. Dave Edler, Mayor, City of Yakima ATTEST: Deborah Moore, City Clerk Joint Resolution - AIP -29 • BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 29; 2009, executed by Mike Redmond, 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 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. Dated this day of , 2009. • Mike Leita, Commissioner Kevin Bouchey, Commissioner Rand Elliot, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington ATTEST: . Christina Steiner Clerk of the Board Joint Resolution - AIP -29 • 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 August 5, 2009 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 -30 (the "Project "), is hereby incorporated herein and made a part hereof; and • WHEREAS, the FAA has approved the following projects: 1) Acquistion of Privately -Owned property adjacent to Airport (Partials 99, 100) 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 August 5, 2009, on their behalf by Mike Redmond, 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. S 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. Joint Resolution AIP30 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 August 5, 2009, executed by Mike Redmond, 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 , 2009. 0 Dave Edler, Mayor, City of Yakima ATTEST: Deborah Moore, City Clerk 0 Joint Resolution AIP30 • BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 29, 2009, executed by Mike Redmond, 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 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. Dated this day of , 2009. 411 Mike Leita, Commissioner Kevin Bouchey, Commissioner Rand Elliot, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington ATTEST: Christina Steiner Clerk of the Board Joint Resolution AIP30 0 . Department of Transportation al Aviation Administration Page 1 of 7 pages Grant Agreement Part 1 - Offer • DRAFT Date of Offer: August 12, 2009 Yakima Air Terminal /McAllister Field Yakima, Washington . Project Number: 3-53 -0089 -029 Contract Number: DOT- FAO9NM -0190 To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the "Sponsor") ir : 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 5, 2009, for a grant of Federal funds for a project at or associated with Yakima Air Terminal/McAllister Field which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Rehabilitate Runway 9/27 (Phase 1) design only; Install /relocate Runway End Identifier Lights (REILs) Runway 4 (Phase 1) design only; all as more particularly described in the Project Application. III FAA Form 5100 -37 PG 1 (10 -89) Page 2 of 7 4 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: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $224,300.00. 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 $224,300.00 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 ineli 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. 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 September 2, 2009, 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 approval of the Secretary as to any determination of the amount of the Federal share of 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 riatarminafinn nf fhA amnt int nf the Fa?iaral chars nr to any cafflamant lifinatinn nanntiatinn nr 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. la Form 5100 -37 PG 2 (10 -89) Page 3 of 7 pages 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. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — Engage in severe forms of trafficking in'persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or Use forced labor in the performance of the award or subawards under the award. 2. We . as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subreceipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either -- A. Associated with performance under this award; or 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 Govemmentwide 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. 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 — i. Associated with performance under this award; or ii. 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. 1. 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. � ..nn.+hnel :an nnenne•nnh n e7 n. h ..f 44, in section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and 411 FAA Form 5100 -37 PG 3 (10 -89) Page4of7pages 11 Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. 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. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labo services, through the use of force, fraud, or coercion for the purpose of subjecti involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity: i. Means any entity other than a State, local govemment, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: k 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. 4. "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). Special Conditions 10. 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 overfund 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 interests of the United States, the change in grant description will be unilaterally amended by 1 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. 11. 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 August 5, 2009, on their behalf by Michael Redmond, 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. FAA Form 5100 -37 PG 4 (10 -89) Page 5 of 7 pages 12. 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. 4111 • 0 FAA Form 5100 -37 PG 5 (10 -89) Page 6 of 7 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 DRAFT By 0 Carol Suomi, Manager, Seattle Airports District Office Part 11- 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 , 2009 . City of Yakima, Washington DRAFT (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: jl That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the la the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions tak said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereo 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. e d at this day of , 2009. DRAFT Signature of Sponsor's Attomey FAA Form 5100 -37 PG 6 (10 -89) Page 7 of 7 pages Part II - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, venants, and agreements contained in the Project Application and incorporated materials referred to in the going Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the s and conditions in this Offer and in the Project Application. Executed this day of , 2009. County of Yakima, Washington DRAFT (SEAL) By Sponsor's Designated Official Representative Title Attest Title CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attomey 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 relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official 41 resentative has been duly authorized and that the execution thereof is in all respects due and proper and ccordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In addition, for grants v olving 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 - , 2009. DRAFT Signature of Sponsor's Attorney FAA Form 5100 -37 PG 7 (10 -89) O 0 . Department of Transportation ral Aviation Administration Page 1 of 7 pages Grant Agreement Part 1 - Offer DRAFT Date of Offer: August 12, 2009 Yakima Air Terminal/McAllister Field Yakima, Washington Project Number. 3-53- 0089 -030 Contract Number: DOT- FAO9NM -0191 To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein 410 called the "FAA ") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 5, 2009, for a grant of Federal funds for a project at or associated with Yakima Air Terminal /McAllister Field which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Acquire miscellaneous land-(Parcels 99 and 100); all as more particularly described in the Project Application. DRAFT ID FAA Form 5100 -37 PG 1 (10 -89) Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United St 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: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $1,954,522.00. 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 $1,954,522.00 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 an 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 September 2, 2009, 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, o or judgment to the Secretary. It shall furnish upon request, all documents and records pertaini 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 rni in nr nfharwicp invnlvinn the rarnvary of ci irh rpriaral chars chall ha annrnvpri in arivanra by the Secretary. Form 5100 -37 PG 2 (10 -89) Page 3 of 7 pages 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. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or - iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subreceipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or 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 Govemmentwide 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. 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 — i. Associated with performance under this award; or ii. 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. • 1. 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. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and 0 FAA Form 5100 -37 PG 3 (10 -89) Page 4 of 7 pages ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1.. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. 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. 2. "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. 3. "Private entity": i. 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. ii. 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. 4. "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). Special Conditions 10. 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 overfund 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 U States is adjusted to the amount specified or the grant description is amended to the descrip specified. 11. It is understood and agreed that the City of Yakima, Washington and the County of Yakima, 1 /tinehin.r+nn n.. +11nri-yorl +he. ovon. +inn of the A nnlinn +inn fnr Eorlcrn1 A ce•ic• +•w.n nnrl C +nnrlorrl fI T Title VI Assurances both dated August 5, 2009, on their behalf by Michael Redmond, 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. FAA Form 5100 -37 PG 4 (10 -89) Page 5 of 7 pages 12. 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. 13. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development, or operating expenses, except that all income from real property purchased for future aeronautical use be used only to fund projects which would be eligible for grants under the Act. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. 14. It is understood and agreed by and between the parties hereto that the Sponsor will not claim any reimbursement for costs under this grant until the FAA accepts the purchase and sales agreements. The FAA makes no commitment of funding beyond eligible items, subject to the availability of Sponsor entitlements. If the purchase price is unreasonably high or the negotiations unsuccessful or sufficient funding is unavailable, the FAA has the option to close this grant and recover the funds. 15. It is understood and agreed by and between the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the current Exhibit "A" property map, the Sponsor hereby covenants and agrees that upon completion of the land acquisition for Parcels 99 and 100 in this project, it will update said Exhibit "A" property map to standards satisfactory to the FAA and submit said documentation in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said Exhibit "A" property map is an eligible administrative cost for participation within the scope of this project. 16. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for the acquisition of Parcels 99 and 100; and the parties hereby covenant and agree that within 180 days from the date of acceptance of this Grant Offer, the Sponsor shall obtain purchase and sale agreements for the acquisition of Parcels 99 and 100 contained within the grant description. 17. The Sponsor agrees that revenue earned from these parcels prior to the final project closeout shall be deducted from the total project cost for determining the net costs to be covered in the grant. • 0 FAA Form 5100 -37 PG 5 (10 -89) Page 6 of 7 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 DRAFT By 0 Carol Suomi, Manager, Seattle Airports District Office Part 11 - 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 , 2009 City of Yakima, Washington DRAFT (SEAL) By Sponsor's Designated Official Representative Title - Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attomey 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 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 A reement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. d at this day of , 2009. Signature of Sponsor's Attorney FAA Form 5100 -37 PG 6 (10 -89) Page 7 of 7 pages Part II - Acceptance e Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, nants, and agreements contained in the Project Application and incorporated materials referred to in the going 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 , 2009. County of Yakima, Washington DRAFT (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 State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by Sponsor relating thereto, and find that the acceptance thereof 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 Title 49, U.S.C., Subtitle VII, Part B. 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 Dated at this day of , 2009. DRAFT Signature of Sponsor's Attorney FAA Form 5100 -37 PG 7 (10 -89) 0