HomeMy WebLinkAboutR-1991-D5999 FAA GrantCITY OF YAKIMA RESOLUTION
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YAKIMA COUNTY RESOLUTION
A JOINT RESOLUTION OF THE cvnt ZOF YX.R...
14b COUNTY
authorizing, ratifying, ,andlcadopc--4- Pr'-tojedt' Aptilication,
Standard DOT Title VI Assurances-p-vandiGitIllit;Kgreement
for federal assistance,between-,-_theFderaIAviaion
-
Administration and the YakimarrAiTermiriall-13oaad for- proje.ct
number 3-53-0089-1.2.
WHEREAS, the Yakima Air Terminal Board r;haS- stibiiiitted to the
FAA a Project Application dated September 13,"--199'1,;3-Yok=- af:trant of
Federal funds for a project L at the 'Zak-11u=eaI which
Project Application and Standard DOT TitlVnsurances, as
approved by the FAA, is hereby:incorporated herein tnd iifdde a part
hereof; and
WHEREAS, the FAA has approved the Proj-edt--Efor-
consisting of the following!
Conduct master plan update; Miscellaneous electrical upgrade,
including lighting vault. -and -.emergency generator; and
WHEREAS, the United States,- )of America, a6tathii6-taah the
Federal Aviation Administration has offered to the sAkrpeirt a grant
to pay, as the United States share of theAalaWeible::66sts'i':nod
in accomplishing the Project, ninety (40) prc4gfituit-Ilof all
allowable project costs, and
WHEREAS, The Federal Aviation Administration hes 'tiequested
that as a condition precedent to payment by"IttitiittnItee States of
the allowable costs incurred in accomplishing the Project, that the
County of Yakima and the City of Yakima authorize and ratify the
execution of the Application for Federal Assistance and the
Standard DOT Title VI Assurances both dated September 13, 1991, on
their behalf by Bruce W. Loy, Airport Manager, and that they
jointly,and severally adopt and ratify the representations and
assurances contained therein, and, that the County of Yakima and
the City of Yakima authorize, ratify, and adopt the acceptance of
the said Grant Offer by William F. Almon, Chairman of the Yakima
Air Terminal Board, and that they jointly and severally adopt and
ratify the representations and assurances contained therein, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The execution by Bruce W. Loy, Airport Manager, of the Project
Application and Standard DOT Title VI Assurances dated September
13, 1991, and the execution by William F. Almon, Chairman, Yakima
Air Terminal Board, of the Grant Agreement for project No. 3-53
0089-12, dated September
1991 is hereby authorized ar
ratified. A true copy of such Project Application, Standard DO
title VI Assurances, and Grant Offer is attached hereto an
incorporated herein.
ADOPTED BY THE CITY COUNCIL this 02 day o
As Resolution No. D 5999
ATTEST:
A ,}
City Clerk
)„J
1 v\di
991.
Mayor, City of Yakima
Page 1 of 5 pages
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: September 16, 1991
Yakima Air Terminal
Yakima, Washington
Project Number: 3-53-0089-12
Contract Number: DOT-FA91NM-0064
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 September 13, 1991, 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 (hereinafter
called the "Project") consisting of the following:
Conduct master plan update; Miscellaneous electrical
upgrade, including lighting vault and emergency
generator;
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 5 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of 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 IGNITED
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 $220,820.00. 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:
$ 63,000.00 for planning
$157,820.00 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 shallcarry 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 (10-89)
Page 3 of 5 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 September 30, 1991, 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.
Special Conditions
9. 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 September 13, 2991, on their behalf by Bruce W.
Loy, Airport Manager, and that they jointly and severally
ac opted 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 3 (10-89)
Page 4 of 5 pages
The Sponsor's acceptance of this Offer and ratification and adoption
of the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES QF AMERICA
FED A N ADMINISTRATION
BY•�
I
Do a P. Ta or, Acting Manager,
er
Seattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and accept 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 , 19
City of Yakima,, Washington
By
Sponsor's Designated Official
Representative
Title.
Attest:.......... Title
CERTIFICATE OF SPONSOR'S ATTORNEY
1, , 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
obligationof the Sponsor in accordance with the terms thereof.
Dated at
this day of 19 .
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 5 (10-89)
Page 5 of 5 pages
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this
Attest•
1,
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.
day of , 19 .
County of Yakima, Washington
By
Sponsor's Designated Official
Representative
Title•
Title
CERTIFICATE OF SPONSOR'S ATTORNEY
, acting as Attorney for the Sponsor do hereby
Dated at
this day of 19 .
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)