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HomeMy WebLinkAbout4218ARESOLUTION N0.4218 l~ 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 THREE HUNDRED THOUSAND SIX DOLLARS ($300,006) FROM THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION,TO FUND A PARALLEL TAXIWAY, INCLUDING DESIGN AND ENVIRONMENTAL (PHASE 1), AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS, the Auburn Municipal Airport is in need of a parallel taxiway system; and WHEREAS, the City applied for grant funding from the U.S. Department of Transportation, Federal Aviation Administration, to be used for the development of a reconfigured parallel taxiway system which will provide a facility with runway/taxiway separation dimensions in accordance with FAA criteria; and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, has approved and offered grant funds to the City of Auburn in the amount of Three Hundred Thousand Six Dollars ($300,006), representing ninety five percent of the project costs, and requiring the City of Auburn and the State Division of Aviation to each provide two and a half percent of the project costs, to be used for airport development; and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration has submitted for execution by the City a Grant Agreement dated July 19, 2007 for Grant Agreement Project Number 3-53-0003-013, ------------------------ Resolution 4218/9' July 27, 2007 Page 1 of 3 Contract Number DOT-FA07NM-0069, 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 August 16, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES 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 in the amount of Three Hundred Thousand Six Dollars ($300,006), an amount which is ninety five percent of the total project costs to fund the development of a reconfigured parallel taxiway system, including design and environmental (Phase 1). The City Council authorizes the Mayor and City Clerk to execute the Grant Agreement, Contract Number DOT-FA07NM-0069 which is attached hereto as Exhibit "A" and incorporated herein by this reference, for Project Number 3-53-0003-013. Section 2. The City Council hereby approves the expenditure and appropriation of Three Hundred Thousand Six Dollars ($300,006) from the U.S. Department of Transportation, Federal Aviation Administration for airport improvements. Section 3. The City Council agrees to provide local cash matching funds equal to two and a half percent of the grant. ------------------------ Resolution 4218 July 27, 2007 Page 2 of 3 Section 4. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 5. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS ~r7~ DAY OF G~~ G ~~ , 2004. ITY OF N _. 7 4 ter."-,. F~'~ -.._. _.__.._ _. PETER B. LEWIS, MAYOR ATTEST: ~~ Da ~ Ile E. Daskam, City Clerk APPROVED Daniel B. Heid, City Attorney TO F Resolution 4218 ~ July 27, 2007 Page 3 of 3 ~1 U.S. Department of Transportation Federal Aviation Administration U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 -Offer Date of Offer: July 19, 2007 Auburn Municipal Airport Auburn, Washington Project Number: 3-53-0003-013 Contract Number: DOT-FA07NM-0069 To: City of Auburn, Washington (herein called the "Sponsor") ~~ ~~ 1~ ~- Page 1 of 4 pages 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, 2007, 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: Construct parallel taxiway ,including design and environmental (Phase 1); 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, United States Code, as amended, herein called "the Act" 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 The maximum obligation of the United States payable under this Offer shall be $300,006.00. 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 $300,006.00 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. 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 August 16, 2007, 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 FAA Form 5100-37 PG 2 (10-89) Page 3 of 4 pages 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 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 overrun 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 Unitec~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 United States is adjusted to the amount specified or the grant description is amended to the description 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 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 y.. . J. ade Bryant, Manager, Se the 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. V-~ ~` Executed this .. <~. `"........day of ..C~~:'~;............. 2007. burn, a 'ngton (SEAL) By... -~--~,r.~ __..r `\ ~ ~' ~.~ Sponsor's Desi at d Offi~al Representative Title:....... ~~ ~ C%G~ . ................. . Title: . ~.~.:Cc~~~~,~ ............... . ~' (~, ~ Attest: .~ /. ~-........... '. ~-~. CERTIFICATE OF SPONSOR'S ATTORNEY ~........., 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 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 at... ~?~~r'~C /' ~'/J ~,~,`... .~~.~ ........... . . ~~~ .~.~F-~ . .this .. ~ .day of . .2007. rr~r~ rviiii J IVV-J! rv -r ~ ~v-v~~