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Home My WebLink About06-21-2004 ITEM VIII-B-4CITY OF !"Iffu AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Resolution No. 3739 June 16, 2004 Department: Attachments: Budget Impact: Finance Resolution No. 3739 and Exhibit A Administrative Recommendation: City Council to adopt Resolution No. 3739. Background Summary: Resolution No. 3739 authorizes the Mayor and City Clerk to execute an agreement with the Washington State Department of Transportation Aviation Division for a Washington Airport Aid Program Grant up to an amount of $56,804.00. N0621-1 F5.2.15, 04.4.9.2 C312A Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Airport ❑ Human Resources ❑ Hearing Examiner ❑ Finance ❑ Building ❑ M&O ❑ Human Services ❑ Municipal Serv. ❑ Cemetery ❑ Mayor ❑ Library Board ❑ Planning & CD ❑ Finance ❑ Parks ❑ Park Board ❑ Public Works ❑ Fire ❑ Planning ❑ Planning Comm. ❑ Other ❑ Legal ❑ Police ❑ Public Works Action: Committee Approval: ❑Yes ❑No Council Approval: ❑ Yes ❑ No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Coleman Meetin Date: June 21, 2004 Item Number: VIII.B.4 RESOLUTION NO. 3 7 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AVIATION DIVISION FOR A WASHINGTON AIRPORT AID PROGRAM GRANT WHEREAS, the City of Auburn is engaged in various municipal functions, including operation of its municipal airport; and WHEREAS, in order to better provide for airports, resources are available from the State of Washington, Department of Transportation Aviation Division, for Washington Airport Aid Program Grants; and WHEREAS, State of Washington, Department of Transportation Aviation Division, has made available to the City such an Airport Aid Program Grant, in the amount of up to $56,804; and WHEREAS, it is in the best interests of the City to enter into a Grant agreement with the State of Washington, Department of Transportation Aviation Division, for a Washington Airport Aid Program Grant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement with the State of Washington, Department of Transportation Aviation Division, for a Washington --------------- Resolution 3739 June 16, 2004 Pagel Airport Aid Program Grant, as is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 200 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: --------------- Resolution 3739 June 16, 2004 Page 2 fi COPY Washington State Department of Transportation EXHIBIT "A" Grant Agreement Public Entity Washington Airport Aid Program City of Auburn Airport Name Address Auburn Municipal Airport 25 West Main Street Auburn, WA 98001 Maximum State Grant Obligation $56,804.00 THIS AGREEMENT made and entered into this day of 2004, between the STATE OF WASHINGTON, acting by and through the Aviation Division, Department of Transportation, (hereinafter the "STATE") and the above named Public Entity, (hereinafter the "PUBLIC ENTITY"). WHEREAS, the Public Entity has submitted to the State for Subvention of the Washington Airport Aid Program for (acquisition and/or development) of Auburn Municipal Airport together with the plans and specifications for such project, which project application has been approved by the State and is hereby incorporated herein and made a part hereof: WHEREAS, the State has approved a project for development of the airport consisting of the following described airport development: Project Number Detailed Breakdown By Items Partial match for FAA Grant for reconstruction and overlay of the runway Obstruction Surveying NOW, THERFORE, pursuant to and for the purpose of carrying out the provisions of the State Act, and in consideration of the (a) Public Entity'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 State of Washington and the public from the accomplishment of the project and the operation and maintenance of the airport as herein provided, the State hereby agrees to pay as its allowable costs incurred in accomplishing the project. The terms and conditions of this grant agreement are as follows: The maximum obligation of the State payable under this grant shall be $56,804.00 The Public Entity shall: 1. Deposit in an Aviation Fund for said airport, at least $ 56.804.00 to match the State's participation in said project. 2. Carry out and complete the project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the state. Pagel of 3 3. In connection with the acquisition of real property for the project, the Public entity shall secure at least two written appraisals by competent, experienced appraisers who are members of a recognized professional appraisal organization and shall not pay in excess of the highest appraisal without the written consent of the state except as otherwise directed by a court of competent jurisdiction after contested trial and judgment not resulting from an agreement between the parties. 4. No state funds will be paid to the Public Entity in any case until it certifies in writing that it has Aviation Funds for said airport in an amount equal to the state's participation, or the amount designated in paragraph (1) above, which deposited amount will be used solely for the purpose in question. 5. The Public Entity agrees to hold said airport open to the flying public during the useful life of the facilities developed under this project; that no exclusive operating or use agreements shall be granted to any person, company, or corporation; that failure to abide by such agreement shall automatically obligate the immediate and full return of all State of Washington money expended in behalf of the project to the State of Washington wi reasonable interest. Further, the Public Entity agrees to keep the facility open during the useful life of the project or for a stated term of years, whichever is longer, as determined by the Aviation Division. 6. The Public Entity will make no charge to the State or its agencies for a limited, but reasonable, amount of state agency use or for state activity in search and rescue. And, further, RCW 47.68 is followed to best serve the public. The allowable cost of the project shall not include any cost determined by the State to be ineligible for consideration as to allowability. The State reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Public Entity. This offer shall expire and the State shall not be obligated to pay any part of the costs of the project unless this agreement has been accepted by the Pubic Entity on such subsequent date as are prescribed in writing by the State, in the approval letter for each project. Except for those projects receiving both state and federal aid, the following inspection scheduled, and reporting system will be required: A. Inspection Schedule and Reporting system will vary for each project. Basically, the inspection schedule will be placed on a quarterly basis. On project taking less than three (3) months, the Public Entity will be required to make reports and be inspected on the following schedule: Public Entity project commencement date. 2. Public Entity report project completion date and request final inspection. 3. State will make final inspection and sign -off project as completed. 4. State will arrange for audit of account in accordance with regularly scheduled audit program. B. Projects taking over three (3) months will be set up on a quarterly inspection and progress report system. The Public Entity will be required to make reports and be inspected on the following schedule: Report project commencement date. . Page 2 of 3 2. Public Entity will make a three (3) months progress report. This will be a letter report giving percentage of project completed, fund expenditures to date, and short narrative of the project progress, problems encountered and plans for project completion. 3. State will make quarterly project inspections and prepare the report of inspection. A copy of the report will be delivered to the Public Entity. 4. Public Entity will make report of completion of project and request final inspection. 5. State will make final inspection and sign -off as completed. 6. State will arrange for audit of account in accordance with regularly scheduled audit oroaram. It should be made clear that a violation of any of the terms of the Grant Agreement will leave the State free to choose among one or more of the following remedies: A. The withholding of any future airport aid, and/or B. The return of grant funds awarded as an action for specific performance, and/or C. Enforcement of the commitment made by the applicant. The Public Entity'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 Public Entity, as hereafter provided, and said offer and acceptance shall comprise allocation agreement, constituting the obligation and rights of the State and the Public Entity with respect to the accomplishment of the project and the operation and maintenance of the airport. Such allocation agreement shall become effective upon the Public Entity's acceptance of this offer and shall remain in full force and effect throughout the useful life of the facilities developed under the project but in any event not to exceed twenty (20) years from the date of acceptance. By: Director, Aviation Division The City of Auburn does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the project application and incorporated materials referred to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of. Name of Public Entity: By:. Title: Page 3 of 3