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HomeMy WebLinkAbout5421CUMCAM �e_4 b (XD ss( - t8 - ORDINANCE NO. 5 4 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT AN ALLOCATION OF GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED SIXTY THOUSAND SIX HUNDRED FORTY-NINE ($160,649.00) DOLLARS FROM THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WHICH GRANT REQUIRES A TEN PERCENT CONTRIBUTION ($17,849.00) FROM THE CITY TO FUND AN AIRPORT MASTER PLAN UPDATE AND TO ACQUIRE AND INSTALL PERIMETER FENCING ON THE WEST BOUNDARY OF THE AUBURN MUNICIPAL AIRPORT, AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENTS AND APPROVING THE EXPENDITURE AND APPROPRIATION OF SAID FUNDS. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the perimeter fencing on the west side of the Auburn Municipal Airport is needed for security; and WHEREAS, an update to the Auburn Municipal Airport's master plan is needed to provide for the orderly development of the airport over the next several years; and WHEREAS, the City applied for grant funding from the U.S. Department of Transportation, Federal Aviation Administration, to be used in conducting a Master Plan Update and to acquire and install perimeter fencing on the west boundary of the airport; and Ordinance 5421 July 10, 2000 Page 1 WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, has approved and offered an allocation of grant funds to the City of Auburn in the amount of $160,649.00, ninety percent of the project costs, and requiring the City to provide funds in the amount of $17,849.00, ten percent of the project costs, to be used. in updating the Auburn Municipal Court Master Plan for which the FAA is allowing up to $128,925.00 and for perimeter fencing on the west boundary of Auburn Municipal Airport that the FAA is allowing an amount of up to $31,724.00; and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration has submitted for execution by the City a Grant Agreement dated June 30, 2000 for Grant Agreement, Project Number 3-53-0003-10, Contract Number DOT-FAOONM-0028, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the grant offer must be accepted by the City of Auburn on or before July 30, 2000; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby accept the U.S. Department Of Transportation, Federal Aviation Administration, offer of a grant allocation in the amount of One Hundred Sixty Thousand Six Hundred Ordinance 5421 July 10, 2000 Page 2 Forty-nine ($160,649.00) Dollars, an amount which is ninety percent of the total project costs of One Hundred Seventy-eight Thousand Four Hundred Ninety- nine ($178,499.00) Dollars to fund a Master Plan Update and to acquire and install fencing on the west boundary of the Auburn Municipal Airport and approves City of Auburn funding in the amount of Seventeen Thousand Eight Hundred Forty-nine ($17,849.00) Dollars which is the City's ten percent share of the total project costs and hereby authorizes the expenditure and appropriation of said funds. The City Council authorizes the mayor and city clerk to execute the four copies of Grant Agreement Project Number: 3-53-0003-10 and Contract Number: DOT-FAOONM-0028 which is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Ordinance 5421 July 10, 2000 Page 3 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance 5421 July 10, 2000 Page 4 INTRODUCED: July 11, 2000 PASSED: July 17, 2000 APPROVED: July 17, 2000 1'1'axL Irl . aol:Je CHARLES A. BOOTH I LTA ytel ATTEST: Da Ile E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: -7A ,zOd4 Ordinance 5421 July 10, 2000 Page 5 Page 1 of 4 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1- Offer Date of Offer: June 30, 2000 Auburn Municipal Airport Auburn, Washington Project Number: 3-53-0003-10 Contract Number: DOT-FAOONM-0028 To: City of Auburn, 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 June 29, 2000, for a grant of Federal funds for a project at or associated with the Auburn Municipal 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: Conduct master plan update; Acquire/install perimeter fencing (2,100 LE); all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, 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 $160,649.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the Title 49, U.S.C., Section 47108 (b), the following amounts are being specified for this purpose: $128,925.00 for planning $ 31,724.00 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 Title 49, U.S.C., Subtitle VII, Part B. 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 July 30, 2000, 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 FAA Form 5100-37 PG 2 (10-89) Page 3 of 4 pages 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. The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards. The sponsor must provide for continuous operation and maintenance of such, or alternate courses of action. The future Y2K awareness, assessment (including associated testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its contractor. The Government will not participate in additional costs of Y2K assessment, testing, of repair work for the automated data processing subject to this grant agreement. 10. It is understood and agreed by and between the parties hereto that this Grant is made and accepted upon the basis of preliminary plans and specifications; and the parties hereby covenant and agree that within 120 days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifications to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid project application to plans and specifications shall be considered as having reference to said final plans and specifications. 11. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 12. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. FAA Form 5100-37 PG 3 (10-89) Page 4 of 4 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 Title 49, U.S.C., Subtitle VII, Part B, 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 By... ... .....e..... .... ................. J. Wade Bryant, Manage , 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 ... ... ................. 2000. (SEAL) City of Auburn, Washington �" A. By harp A... $o � or .. ............ . ponsor s�esinate�cial'epresentative � / Title:.. Mayor .................................... Attest:. . A :°�s�. .............. Title:.. ........................... CERTIFICATE OF SP014SORIS ATTORNEY I,... . Michael...Reynolds.......... . .... . . 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 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 constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at. Auburn,.1nk ............ this ....24th.... day of .. July .. ., 2000. Signature of Sponsor's Attorney ... • . • .. • . Michael J. Reynolds City Attorney FAA Form 5100-37 PG 4 (10-89) U.S. Department of Transportation Federal Aviation Administration June 30, 2000 Mr. John Anderson Airport Director Auburn Municipal Airport 400 23rd Street NE Auburn, Washington 98002 Dear Mr. Anderson: Seattle Airports District Office 1601 Lind Avenue, S.W., Suite 250 Renton, Washington 98055-4056 Grant Offer for Auburn Municipal Airport, Auburn, Washington AIP Project Number 3-53-0003-10 Enclosed are four copies of the subject grant offer. Please note that: a. The grant offer must be accepted by the sponsor on or before July 30, 2000. b. The grant offer must be accepted by an official authorized by the governing agency to do so. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore, must be made after the Sponsor's acceptance. d. After execution is completed, please return three executed copies of the grant agreement to this office by mail. If you have any questions in regard to acceptance of the grant offer, please contact your project manager. Sincerely, ,' / b- ie�a4-1 J. Wade Bryant Manager, Seattle Airports District Office cc: Washington State Aeronautics Ordinance 5421 Exhibit "A"