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HomeMy WebLinkAbout4629 , RESOLUTION NO. 4629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE AUBURN CITY COUNCIL TO ACCEPT GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000), FROM THE U.S DEPARTMENI" OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, TO REHABILITATE RUNWAY 16/34 LIG.HTING (PHASE 3), INCLUDING CONSTRUCTION AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS, the Auburn Municipal Airport runway, lighting system is in need of rehabilitation; and . WHEREAS, the City applied #or grant funding from the U.S. Department of Transportation, Federal Aviation Administration, to be used for the rehabilitation of Runway 16/34 lighting (Phase 3); and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, has approved and offered grant funds to the City of Aubum in the amount of One Hundred, Seventy-Five Thousand Dollars, ($175,000), representing entitlement funds to be used towards the construction of rehabilitation of runway 16/34 lights (Phase 3); and WHEREAS, the U.S. Department of Transportation; Federal Aviation Administration has submitted for execution by the City, a Grant Agreement for Project Number 3-53-0003-017, Contract Number DOT-FA10NM-0054; and WHEREAS, the grant offer must be accepted by the City ofAuburn on or, before July 27, 2010. Resolution No. 4629 July 27, 2010 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section_1. Purpose. The Aubum City Council does hereby accept the U.S. Department of Transportation, Federal Aviation Administration, offer of a grant in the amount of One Hundred Seventy-Five Thousand Dollars, ($175,000), an amount which is to be used towards the construction of rehabilitation of runway 16/34 lights (Phase 3). The City Council authorizes the Mayor and City Clerk to execute the Grant Agreement, Projecf Number 3- 53-0003-017, Contract Number DOT-FA10NM-0054 in substantial conformity with the grant agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. Section 4. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS ~ DAY OF , 2010. ITY77URN ~ PETER B. LEV111S, MAYOR Resolution No. 4629 July 27, 2010 Page 2 of 3 ATTEST: Danielle E. Daskam, . ~ City Clerk APPROVED AS TO FORM: niel 6. He' , Cify Attorney Resolution No. 4629 July 27, 2010 Page 3 of 3 ~ U.S. DepcKtment . of TransporFafion ' fed@I'flAl AviBtFOn Federc! Avtatton Admtn[shration SeaNle Akports Dlshkt OiAce Admlrilbtl'8t1011 N~hwesl Mountain Reglon Re tOn Woshtng on 98057-3356 July 23, 2010 Mr._ _ Jamelfe Garcia Airport Manager Auburn Municipa[ Airport 400 23`d Streef fVortheast Auburn, Washington.98002 ~ Dear Mr. Garcia: Grant Offer for - Aubum Municipal Airport; Auburnt Vllashington , AiP Prcject Number 3-53-0003-017 Enclosed are truo copies of f he subject grant offer. Please note that a. The grant offer must be accepted by the sponsor on or before July 27, 2010. b. The granf offer must be ac.cepted by an cffiaal authorized by the governing . agency to do so. . c. The "Certfication of Sponsors Attomey" relates to the acceptance and, therefore, must be made after the Spansor's acceptance. d. After execution is complefed, please fax (426-227-1680) or scan and e-malf ' a copy of the grant agreement to our offlce not later #han July 27, 2010. ~ Also, return one oNginally signed capy of the grant agreement to our office by maii. All applicable project-retated requirements pertaining to environinental analysis and approval for this grant have been met [n accordance wtth the guideiines contained in FAA Order 5050.48, Airport Environmental Handbook. If you have any questions in regarcl to acceptance of fhe grarrt offar, please contact your project manager. Since ty, Karen Miles Acting Acting Manager, Sea#!e Airports District Office Enciosures - cc: WSDOT U.S. DepartmeM of Transpartaiion • Federet Aviatton Adminisfralion Page 1 of 5 pages Grant Agreement Part.1 - Offer ' Date of Offer; July 23, 2018 Aubum Munfcipal Airport Aubum, Washington , . Project Number. 3-53-0003-017 ~ Contract Number. DOT-FAI8NM-0054 ~ DUNS Number. 03-294-2575 ~ ~ To: City af Aubum, Washington (herein called the "Sponsorg) - From: The United States of America (aoting through the Federal Aviation Administration, herein called the "FAA°) WHEREAS, the Sponsoc has submiited to the FAA a Project Application dated Aprif 22, 2010, for a grant of ' Federal funds foc a project at or assac'[ated with fhe Aubum Municipal Airport which Project Application, as approved by the. FAA, is hereby incorporated herein and made a part hereof; and WHEREA$, the FAA has approved a project for the Airport (herein called the °Project") cansisfing cf the following: Rehabilitate Runway 16/34 lighting (Phase 3), including constrUction; all as mora. particulariy described in the Prolect Application. FAA Form 5100-37 PG 1 (10-89) . Page 2 af 5 pages NOW TEiEREFORE, pursuant to and for the purpose ofi carrying out the provisions of Title 49, United States Code, and in consideration of (a) the Sponsoes adoption and ra#ificabton of the representations and assurances contained. in said Project Appfication and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accc.rue to the United States and the public from the accomplishment of the Project and cornpfiance with the assurances and conditions as herein: pravided, 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 atlowable costs incurred in accomplishing the Project, ninety-flve (85) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and condttions: Condifions 1. The maximum obligation of the United States payable under this Offer shall be $175,004.00. For the purposes af any future grant amendments which may increase the foregoing mayumum ~ obiigation of the Unfted States under the provisions of Section 47108(b) of the Act, the follawing ~ amounts are being specifed for this purpose: i $ 0,00 for planning $175,000.00 for airport devetopment or noise program implementation 2. The aliowable costs of the project shall not indude any oosts determined by the FAA to be ineltgible . . for consideration as to allowability under the provisions of the Acf. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordanr.e with the provisions of such regulations and prooedures as the Secretary shall prescribe. Final determination of the Untted States' share wili be based upon the flnal audit of the total amount of a(lowabte project costs and seftlement will be made for any upward or downward adjustments to - the Federal shace of costs. 4. The Sponsor shall carry out and complete the ProJect without undue detays and in accordance with the terms hereof, and such regutations and procedures as the Secretary.shatl prescritie, and agrees to c:ompiy 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 prlor to its acoeptance by the Sponsor. • 6. This Offer shall expire and the United States shali not be obligated to pay any part of the costs of the project unless fhis Offer has been acxepted by the Sponsor on or before .!u!y 27, 2410, or such subsequent date as may be presaribed in writing by the FAA. 7. The Sponsor shall take alf sfieps, including Iitlgation if necessary, to recover Federal funds spent traudulently, wastefuliy, or In violatfon 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 "Federa( funds° means, funds however used or dlsburqed by the Sponsor that • were original{y paid pursuant to fhfs or any other Federa[ gran# agreement. It shafl obtain the approval of the Secretary as to any detertnination of the amount of the Federal share of such funds. It sha11 return the recovered fetleral share, including ftmds recovered by settlement, order,. or judgment to the Secretary. It shafl fumish upon request, all documents and records pertaining to the determination of the amount. of the Federal share or :to any settlement, litigatlo n, negotiation, or - other efforts taken to recover such funds. All settiements or ather final pasitions of the Sponsor, in court or otherwise, lnvolving the recovery of such Federaf "share shail be approved in advance by the -Secretary. - FAA Form 5100-37 Pt3 2(10-89) Page 3 of 5 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 th[s grant agreement. 9. Traffickina in aersons: . a. Provisions applicable to a recipient that is a prlvate entlty. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients'. employees may nat - L Engage in severe forms of trafficking in persons during the perlod 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 ii. Use forced Isbor in the pertormanca of.the award or subawards under the award. 2. We as the Federai awarding agency may unilaterally terminate this award, without penalty, if yau or a subreceipient that is a private entity - , i. is determined to have yiolated a prohibition in paragraph a.1 of this award term; or ; ii. Has an employee who is determined by the agency officlaf authorized to terminate the award to have vtolated a prohibition in paragraph a.1 of this award term through conduct ; that Is e(ther ' A. Associated wlth performance under this award; ar B. Imputed to your or #he subrecipient using the standards and due process for imputing the _ conduct of an individual to an organlzation that are provided in 2 CFR part 180, °OMB Guidelines to Agencies on Governmentwlcie. Debarment and Suspension (Nonproaurement); as implemented by our agency at 48 CFR Part 29. b. Provlsion appiicabte to a reclpient other than a pNvate entity. We ss the Federal - awarding agency may un8ateraity terminate this award, without penalty, if a subrec3pient that is a private entity _ - 1. Is determinad to have violated an applicable prchibition in paragraph a9 of this • award term; or 2. Has an employee who is determined by the agency africial authorized to terminate the award to hava yioiated an applicable prohibition in paragraph a.1 of this award term through conduct that is either - 1. Associated with performancs under this awaird; or ii. Imputed to ihe subrecipient using the standards and due process for imputing the conduct of an indivtdual #o an organizalion that are provided in 2 CFR part 180, "OMB Guideflnes to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),° as implernented by our agency at 49 CFR Part 29. a Provisions appficable to any rsciplenk 1. You must inform ys immediateiy of any Information you raCeive fmm any source alleging a vloiation of a prohibition in paragraph a.1 of thfs a"rd term. 2. Our right to terminate unilaterally that is described In paragraph a.2 ar b of this section: l. imptements section 106(g) of the Trafficlcing Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104 (g)), and ii. ls in addition.to.aA other remedies for noncompliancs that are avaffable to us - under this award. FAA Form 5900-37 PG 3(10-89) : Page 4 of 5 pages 3. Ycu must include the requirements of paragraph a.1 of this award term in any subaward you make to a prlvate entity. d. Definitlons. For purposes of this award term: 1. °Empioyee° means either: i. An indiv[dual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or i[. Another person engaged in the petfarinancs of the project or program under this award and nof campensated by you including, but not limited to, a volunteer or , individual whose services are contributed by a third partyr as an in-kind contribution toward cast stiaring or matching requirements. 2. °Forced labor" means labor o6tained by any of the foilowing methods: the recruftment, harboring, transportatEon, prov€sion, or obtaining of a person for labor or services, through tlie use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peoriage, debt bondage, or siavery. ~ 3. "Pdvate entity°: ~ i. Means any entity other than a State, Iocal gavemment, indian. tribe, or fareign ; public entity, as those terms are defined in 2 CFR 175.25: ii. Includes: . A. A nonprofit arganization, includ'mg. any nonprofit : ins6tution of higher education, hospitat, or tribaf organization other than. one inc{uded in the definition of [ndian tnbe at 2 CFR 175.25(b). ~ B. A for-profit organization. 4. "Severe forms oftraffickin8 in persons,° "commercial sex act; and "coercian° have the meanings given at secfion 103 af the NPA, as amended (22 U.S.C. 7102). Speclal Condrtions 90. [t is mutually undsrstood and agreed that if, during fhe life of the project, the FAA determines that the rnaximum grant obtigation of the United States exceeds the expeoted needs of fhe Sponsor`the. maximum obiigatian of the United States can be unilaterally reduced by letter from fhe FAA adVising of the budget change. Conversely, if there is an overtin in the total acfual eligibfe end al{owable projecf costs, FAA may increase the maxlmum grant obligation of the United States to cover the ' amount of the overrun not to exceed the statutory percent limitafion and will advtse the $ponsor by , ' Jefter of the increase. It !s futther understood and agread that if, during the life of the proJect, the . FAA determines that a change in the grant description is advantageoue and in the bast irrterests of the Unfted States, the change in grant desartption will be unflaterally amended by letter from the FAA. Upon issuanca of the aforementloned letter, either the grant obligation.of the United States is adjusted to the amount specified or the grant description is amended to the descripfion specifled. 11. Unless otherwise approved by the FAA, the Sponsor wfll not acquire or permit any contractor or subcontractor to acquire any steet or manufactured products produced outside the United States to be used for any project for airport development or nolse compatibil[ty for which funds are provided under this grant. The Sponsor wilt include in every contracf a provision implementing this specfal condition. ~ ~ FAA Farm 5100-37 PG 4(10-88) " !Page 5 of 5 pages The Sponsor's acceptance af this Offer and ratiflcat(on and adoptian of the Project Application fncorporated herein sha0 be evidenced by execution of this instrument by the Spansor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement as provided by the Act constituting the contractuai obligations and rights of the United States and the Sponsor with resped to the acccmplshment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the SponsoPs acceptancs of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION BY . ..~4................................. • Kare Miles, ActingManager, Seattle Airports District O~ice Part II - Acceptance _ The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Appiication and incorporated materiais referred to in ths foregoing . Offer and does hereby accept this Offer and by such acceptance agrees to comply with aU of the terms and conditions in this Offer and in the Project App{ication. Executed this . . . 3'.~ . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . 2010. i uburn, Washington ~#40, (SEAL) By . Spansor,'sDesignated Officiai Representative Title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attest: . . Title:.... CERTIF! ATE OF SPONSOR'S ATTORNEY I, . . . ~.r~. .j~ t . . . . . . . . . . . , acting as Attomey for the Sponsor do hereby certify: That in my opinion the Sponsor is emprnnrered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I harre examined the foregoing Grant Agreemerrt 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 add(tlon, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full pertormance by the Sponsor. Further, it is my opinlon that the said Grant Agreement constitutes a lega( and binding obligation of the Sponsor in acxordance with the terms thareof. Dated at. this . . . . . .2.-r3Wf . . . . . . . . day of. . . . . . . 2010. • . /~=>D ~ Signature of Sponsor's~Attorne FAA Form 5100-37 PG 5(10-89) •