HomeMy WebLinkAbout3739RESOLUTION 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
Page 1
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.
fi
Dated and Signed this day of , 200Y.
CITY OF UBURN
,
PET R B. LEWIS
MAYOR
ATTEST:
,
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution 3739
June 16, 2004
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Washington State
~ Department of Transportation
Grant Agreement
Public Entity
Washington Airport Aid Program
City of Auburn
Airport Name
Address
Auburn Municipal Airport
25 West Main Street
Maximum State Grant Obligation
AubUrtl, WA 98001
$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 ENTI7Y").
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 Bv 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:
Deposit in an Aviation Fund for said airport, at least $ 56,804.00 to match the
State's participation in said project.
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.
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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 Enfity 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 with
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.
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.
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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 program.
It should be made clear that a violation of any of the terms of the Grant Agreement witl 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 facitities developed
under the project but in any event not to exceed finrenty (20) years from the date of
acceptance.
By:
Director, Aviation Division
The Citv 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 June 21, 2004 day of.
Name of P blic of Auburn, WA
gy. Peter B. Lewis
Title: Mayor _
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