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Home My WebLink About4690 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 ORDINANCE NO. 4 6 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO ACCEPT A GRANT OFFERED BY THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $45,000.00 UNDER AIP PROJECT NUMBER 3-53- 0003-07 FOR IMPROVEMENTS TO AUBURN MUNICIPAL AIRPORT. WHEREAS, City of Auburn Resolution No. 2441 authorized CH2M HILL NORTHWEST, INC. to perform environmental assessment services for undeveloped land at the Auburn Municipal Airport; and WHEREAS, Federal Number 3-53-0003-07 will percent (90%) of the Resolution No. 2441. Aviation Administration AIP Project reimburse the City of Auburn ninety EIS services authorized by said NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The.Mayor of the City of Auburn, Washington, is hereby authorized to accept a grant offered by the Federal Aviation Administration in the amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) under AIP Project Number 3-53-0003-07 for improvements to Auburn Municipal Airport. The proposed improvements shall consist of an environmental assessment on vacant land at the Auburn Airport. A copy of said Grant Offer is attached hereto and designated as Exhibit "A" and incorporated herein. Ordinance No. 4690 June 27, 1994 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Ordinance shall take effect and be in force immediately upon its passage and approval and then shall be published as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlhueter, City Clerk MAYOR APPROVED AS TO FORM: Michael J. Reynolds, Acting City Attorney PUBLISHED: Ordinance No. 4690 June 27, 1994 Page 2 Page 1 of 4 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: June 24, 1994 Auburn Municipal Airport Auburn, Washington Project Number: 3-53-0003-07 Contract Number: DOT-FA94NM-0034 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 23, 1994, for a grant of Federal funds for a project at or associated with the Auburn Municipal Airportwhich Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and W~4EREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Conduct environmental assessment update; 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 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 UNITED STATES, HEREBY OFFERS ANDAGREES 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 The maximum obligation of the United States payable under this offer shall be $45,000.00. 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: $45,000.00 $ 0.00 for planning for airport development or noise program implementation 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. 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. 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. FAA Form 5100-37 PG 2 (10-89) Page 3 of 4 pages The FAA reserves the right to amend or withdraw .this offer at any time prior to its acceptance by the sponsor. 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 June 30, 1994, or such subsequent date as may be prescribed in writing by the FAA. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulent- ly, 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 docu- ments and records pertaining to the determination of the amount of the Federal share or to any settlement, litiga- tion, 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. 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. 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 ...... r..'. .......... ~ J. Wade Bryant', Manager, 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~u , 1~ burn, Washington Sponsor~.~signated Official Representative ................... Title: Attest: certify: , acting as Attorney for the Sponsor do hereby 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. Dated at ~ ~. this ~8~ ~day ~ (~'%N~_ 19~. · gnature o~ Sponsor s Attorney FAA Form 5100-37 PG 4 (10-89)