HomeMy WebLinkAboutR-1991-D5896 FAA Grant•
•
•
RESOLUTION NO.Ir 58 9 6 '
A RESOLUTION authorizing, ratifying, and adopting Amendment No.
2 to the grant agreement for federal assistance,
between the Federal Aviation Administration and the
Yakima Air Terminal Board for project number 3-53-
0089-10.
WHEREAS, a Federal Aviation Administration grant (number 3-53-
0089-10) was executed by William F. Almon, Chairman, Yakima Air
Terminal Board on June 22, 1989, and ratified by the City of Yakima
and Yakima County on June 20, 1989, and as further amended on
December 20, 1989, and
WHEREAS, it is desirous to the Federal Aviation Administration
and the Yakima Air Terminal Board to further amend said grant to
delete Special Condition Number 12 regarding the cash draw downs
for letter of credit provisions in said grant, and
WHEREAS, The Federal Aviation Administration has requested
that as a condition precedent to payment by the United States of
the allowable costs incurred in accomplishing the amended project,
that the County of Yakima and the City of Yakima authorize and
ratify the execution of said amendment by William F. Almon, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The execution by William F. Almon, Chairman, Yakima Air
Terminal Board, of the Amendment Number Two to Grant Agreement for
project No. 3-53-0089-10, dated March 21, 1991 is hereby authorized
and ratified. A true copy of such amendment is attached hereto and
incorporated herein.
ADOPTED BY THE CITY COUNCIL this 9day of ()A) ) 1991.
(74/-t A,neit
ATTEST:
City Clerk
Mayor, City of Yakima
`YAKIMA AIR TERMINAL
2300 West Washington Ave. • Yakima, Washington 98903 • [509] 575-6150
March 22, 1991
Yakima City
City Hall
129 North Second Street
Yakima, Washington 98901
— - c:
Council Members- ---
10,21
'�'— 'Ma County Commissioners
Yakima County Courthouse
128 North Second Street
Yakima, Washington 98901
Dear City Council Members and County Commissioners:
The Federal Aviation Administration is requesting an amendment to
the Airports 3-53-0089-10 Airport Improvement Program Grant to
delete Special Condition Number 12. This item allowed for the use
of a Letter of Credit system to pay costs associated with the
Grant, which turned out to be a cumbersome method of making
payments. The F.A.A. requested that Airports using the Letter of
Credit system return to the previous method of reimbursement
requests, thus initiating the need to amend the grants to remove
the provision. This amendment has no bearing on the amount of the
Grant nor the work items included in the Grant.
The Yakima Air Terminal Board approved this amendment by resolution
at their March 21, 1991, meeting. As a condition of the Grant the
signature of the Chairman of the Board, William F. Almon, must be
authorized and ratified by both the City of Yakima and Yakima
County. The deadline for acceptance of this amendment is April 15,
1991.
Therefore, would you please place this proposed amendment on the
agenda at the next Council/Commission meeting for adoption. Please
call if you need any further information.
Sincerely,
Bruce W. Loy
Airport Manager
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page 1 of 3 pages
Contract Number DOT-FA89NM-0019
Yakima Air Terminal
Yakima, Washington
AMENDMENT NUMBER 2 TO GRANT AGREEMENT FOR PROJECT NUMBER 3-53-0089-10
WHEREAS, the Grant Agreement between the Federal Aviation
Administration, (hereinafter referred to as the "FAA"), acting for and
on behalf of the United States, and the City of Yakima, Washington and
the County of Yakima, Washington (hereinafter referred to as the
"Sponsor"), accepted by said Sponsor on the 22nd day of June, 1989, was
amended by Amendment Number 1 and accepted by the Sponsor on the 7th
day of December, 1989, and changed the scope of work.
WHEREAS, the FAA has determined it to be in the interest of the United
States that the Grant Agreement be further amended as hereinafter
provided.
NOW, THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties hereto,
the FAA on behalf of the United States, on the one part, and the
Sponsor, on the other part, do hereby mutually agree as follows:
That Special Condition Number 12 regarding cash draw downs for
letter of credit shall be deleted from the grant.
This Amendment shall expire unless it has been accepted by the Sponsor
on or before April 15, 1991.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
said Grant Agreement to be duly executed.
UNITED STATES OF AMERICA
FEDERAL VIATI ON ADMINIS TION
By.... .Wade Bryant
Title....Acting Manager, Seattle
Airports District Office.
Date. ...March 6, 1991
FAA Form 5100-38 PG 1 (10-89)
(SEAL)
Attest:
Title:
Page 2 of 3 pages
Project Number 3-53-0089-10
Yakima Air Terminal
Yakima, Washington
City of Yakima, Washington
2
By
Title ''% . '"-
Date g-2/-9/
CERTIFICATE OF SPONSOR'S ATTORNEY
I,
certify:
, acting as Attorney for the Sponsor do hereby
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized and
is in all respects due and proper and in accordance with the laws of
the State of Washington, and further, that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at , this
By
Title
day of , 19
FAA Form 5100-38 PG 2 (10-89)
(SEAL)
Attest:
Title:
Page 3 of 3 pages
Project Number 3-53-0089-10
Yakima Air Terminal
Yakima, Washington
County of Yakima, Washington
By er---)'`
Title.. A^/ 7.:>.,.: .." —A-: ............. .
Date 3-u-1
/
CERTIFICATE OF SPONSOR'S ATTORNEY
I,
certify:
, acting as Attorney for the Sponsor do hereby
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized and
is in all respects due and proper and in accordance with the laws of
the State of Washington, and further, that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at
, this day of
Title
, 19 .
FAA Form 5100-38 PG 2 (10-89)
Page 1 of 6 pages
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: May 24, 1989
Yakima Air Terminal
Yakima, Washington
Project Number: 3-53-0089-10
Contract Number: DOT-FA89NM-0019
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 called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
May 4, 1989, for a grant of Federal funds for a project at or associated with
the Yakima Air Terminal 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:
Reconstruct parallel Taxiway to Runway 9/27 (partial);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (1-88)
rage of o pages
NOW THEREFORE, pursuant and for the purpose of carryi out the provisions
the Airport and Airway Improvement Act of 1982, as amended by the Airport
and Airway Safety and Capacity Expansion Act of 1987, herein called the
"Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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 (90) 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 $507,031.00. For the purposes of any future
grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of Section
512(b) of the Act, the following amounts are being specified
for this purpose:
$ 0.00 for planning
$507,031.00 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 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 (1-88)
Page 3 of 6 pages
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 June
30, 1989, 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 to the Secretary upon request, all documents and
records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or
other final positions of the sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved
in advance by the Secretary.
8. The United States shall not be responsible or liable for damage
to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
FAA Form 5100-37 PG 3 (1-88)
rd�t 4 Ul U 1.1de'CJ
Special Conditions
9 It is understood and agreed by and between the parties hereto
that the Standard DOT Title VI Assurances executed by the
Sponsor on May 14, 1989, are hereby incorporated herein and made
a part hereof by reference.
10. It is understood and agreed that the City of Yakima, Washington
and the County of Yakima, Washington authorized the execution
of the Application for Federal Assistance and Standard DOT
Title VI Assurances dated May 14, 1989, on their behalf by Gary
S. Robbins, 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 shall provide for audit of the Project to be made
in accordance with the Office of Management and Budget Circular
A-128.
12. The Sponsor agrees to request cash draw downs 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. It is understood and agreed by and between the parties hereto
that the plans and specifications for the development described
on page 1 hereof shall be approved in writing by the FAA prior
to advertising for bids.
FAA Form 5100-37 PG 14 (1-88)
r•
Page 01 0 pages
The Sponsor's acceptanc ,f this Offer and ratification id 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 ADMINISTRATION
By '�G�C`''L C�
David A. Field, Manager
Seattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the Project
Application.
Executed this
day of
City of., akima, ington
(SEAL) By i
Attest:
I,/
`
Sponsor's Designated Official
Representative
Title:
T it
CERTIFICATE OF SPONSOR'S ATTORNEY
7
, 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
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 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
this - - day of
19
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 5 (1-88)
rage o of o pages
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the Project
Application.
Executed this
(SEAL)
Attest: f
day of
,
County' of Yakima, Washington
By ( c, .
Sponsor's Designated Official
Representative
Title:_
Titlef.
CERTIFICATE OF SPONSOR'S ATTORNEY
rc
I, (� // l �l r 14161°v1 , 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
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 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 bind' obligation of the Sponsor in accordance with the terms thereof.
Dated at
r?=a ;�� this day of
(
19 ;!
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (1-88)
i t - I•
•
:_r' �; L
RESOLUTION NO. D' 5 8 9 6
A RESOLUTION authorizing, ratifying, and adopting Amendment No.
2 to the grant agreement for federal assistance,
between the Federal Aviation Administration and the
Yakima Air Terminal Board for project number 3-53-
0089-10.
WHEREAS, a Federal Aviation Administration grant (number 3-53-
0089-10) was executed by William F. Almon, Chairman, Yakima Air
Terminal Board on June 22, 1989, and ratified by the City of Yakima
and Yakima County on June 20, 1989, and as further amended on
December 20, 1989, and
WHEREAS, it is desirous to the Federal Aviation Administration
and the Yakima Air Terminal Board to further amend said grant to
delete Special Condition Number 12 regarding the cash draw downs
for letter of credit provisions in said grant, and
WHEREAS, The Federal Aviation Administration has requested
that as a condition precedent to payment by the United States of
the allowable costs incurred in accomplishing the amended project,
that the County of Yakima and the City of Yakima authorize and
ratify the execution of said amendment by William F. Almon, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The execution by William F. Almon, Chairman, Yakima Air
Terminal Board, of the Amendment Number Two to Grant Agreement for
project No. 3-53-0089-10, dated March 21, 1991 is hereby authorized
and ratified. A true copy of such amendment is attached hereto and
incorporated herein.
ADOPTED BY THE CITY COUNCIL this
ATTEST: p
City Clerk
day of ap c, 1 , 1991.
4' s
Mayor, City of Yakima