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HomeMy WebLinkAboutITEM VIII-B-3 * COF AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4629 Au ust 2, 2010 Department: Attachments: Budget lmpact: Finance Resolution No. 4629 & Exhibit "A" Administrative Recommendation: Ci Gouncil ado t Resolution No. 4629 Backgcound Summary: Resolution No. 4629 authorizes the Mayor and the City Clerk to accept grant funds in the amount of One - Hundred, 3eventy-Five Thousand Dollars ($175,000) from the U.S. Department of Transportation Federal Aviation Adminisfration for the rehabilitation of the Runway Lights 16/34 (Phase 3) for the. Aubum Municipal Airport. N0802-2 F5.4:2, 04.4.9.2 _ Reviewed by Council & Committees: Reviewed by Departments 8 Dlvisions: ❑ ARs Commission COUNCIL COMMITTEES: p Building ❑ M8~0 ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ~ Hearing Examiner Z Municipal Serv. `p Finance ❑ Parlcs p Human Services p Planning & CD p Fire ❑ Planning . p Park Board ❑Public Works ❑ Legal ❑ Police 0 Planning Comm. Z1 Other ❑ Pu61ic Works ❑ Human Resources . ❑ Information Services , - - . Action: Committee ApprovaL• , ❑Yes ❑No Gouncil ApprovaL• ❑Yes ❑No Call for Public Hearing Referred to Until ! Tabled Until Councilmember: Backus Staff: Coleman_ Meetin Date: Au ust 2, 2010 Item Number: VII I. B.3 AU$jjRN ~k MQRE THAN YOU IMAGINED RESOL-UTION NO. 4629 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 ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000), FROM THE U.S DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, TO REHABILITATE RUNWAY 16/34 LIGHTING (PHASE 3), INCLUDING CONSTRUCTION AND AUTHORIZING THE EXECUTION OF THE GRANT, AGREEMENT THEREFOR WHEREAS, the Auburn Municipal Airport runway lighting system is in need of rehabilitation; and . WHEREAS, the City applied for grant funding from the U.S. Department of Transportation, Federal Aviation Administration, to be used for the rehabilitation of Runway 16/34 lighting (Phase 3); and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, has approved and o#fered grant funds to the City of Aubum in #he amount of One Hundred, Seventy-Five Thousand Dollars, ($175,000), representing entitlement funds to be used towards the construction of rehabilitation of runway 16/34 lights (Phase 3); and WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration has submitted for execution by the City, a Grant Agreement foc Project Number 3-53-0003-017, Contract Number DOT-FA10NM-0054; and . ; WHEREAS, the grant offer must be accepted by the City of Aubum on or before July 27, 2010. - - - Resolution No. 4629 July 27, 2010 _ Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Aubum City Council does hereby accept the U.S. Department of Transportation, Federal Aviation Administration, offer of a grant in the amount of One Hundred Seventy-Five Thousand Dollars; ($175,000), an amount which is to be used towards the construction of rehabilitation of runway 16/34 lights (Phase 3). The City Council authorizes the Mayor and City Clerk to execute the Grant Agreement, Project Number 3- 53-0003-017, Contract Number DOT-FAI0NM-0054 in substantial conformity with the grant'agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Implementation. The Mayor of the City ofi Auburn is - hereby authorized to implement such administrative pcocedures as may be necessary to carry out the directives of this resolution. Section 4. Efffective Date. This Resolution shall take effect and be in full force upon passage and,signatures hereon. DATED and SIGNED THIS DAY OF , 2010. CITY OF AUBURN PETER B. LEVIIIS, MAYOR Resolution No. 4629 July 27, `2010 Page 2 of 3 , ATTEST: Danielle E. Daskam, . City Clerk APPROVED AS TO FORM: niel B. He' , City Attomey Resolution No. 4629 July 27; 2010 Page 3 of 3 - ~ US. Depqrtment . of 7ransportafion ' Fedel'81 AvietfOn F~ero! AviaUon Admtnhtrafion Searile Akports Dlshkt Oiflce Northwest Movntain Reglon 1601 lfnd nverwe, S.w, Sut)e 250 Administratton esnton. wosWngron 98W-3356 July 23, 2090 Mr. Jamelle Garcia Airport Manager Aubum Municipa[ Alrport 400 23`d Street Northeast Aubum, Washington. 98002 Dear Mr. Garaa: Grant Offer far - Aubum Municipal Airport; Auburn, Washington , AiP Project Number 3-53-0003-417 Enclosed are two copies of the subjsct grant offer. Please nafe that: a. The grant offer must be accepted by fhe sponsor on or before July 27, 2010. b. The grant offer must be accspted by an offiaaf authorized by the governing agency to do so. c. The "Certificatlon of Sponsor's Attorney" retates to the acceptance and, fherefore, must be made atter the Sponsor"s acceptance. , . d. After execution (s completed, please fax (426-2274 650) or scan and e-maii ' a copy of the grant agreement to our offlce not later than July 27, 2010. ~ Also, return one originaliy slgned copy of the srant agreement to our office , by mai1. All applicable project-related requirements pertaining to environmental analysis and approval for this grant have been mat In accordance wtth the guidetines contained in FAA Order 5050.48, Airport Environmenta! Handboak. If you have any questions in regard to acceptance of the grant offer, piease contact your project manager. Since ely, /*4k)/U Kacen Miles Acting ' Acting Manager, $eattle Airports District Office EncOosures - cc: WSDOT ; ~ U.S. Department of Transportation • Federal Aviatlon Adminfstration Page 1 of 5 pages Grant Agreemenf Part 1 - Offer Date of Offer: July 23, 2010 Aubum Municlpal Airpqrt Aubum, Washington . Project Number. 3-53-0003-097 ~ Contract Number: DOT FA90NM-0054 i DUNS Number. 03-294-2575 To: City of Aubum, Washington (herein called the "Sponsor') - From: The United States of America (ac#ing through the Federaf Aviation Administration, herein . called the "FAA°) VIIHEREAS, the Sponsor has submitted to the FAA a Project Appiication dated Aprif 22, 2010, for a grant of Federal funds for a projec# at oc asaoasted with fhe Auburn Municipal Airport which Project App(ication, 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°) cunsisfing ofi the following: Rehabllitate Runway 16/34 lighting (Phase 3), including construction; all as more particularly described in the Projeot Application. ' FAA Form 5100-37 PG 1(10-89) Page 2 af 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the pratisians of Title 49, United Stafes Code, and in consideration of (a) the Sponsor's adoption and ratificatlon of the representations and assurances corrtained, In said Projecf Application and its acceptance of this Offer as herefnafter provided, and (b) the beneftfs to accrue to the Unifed States and #he public from the accompiishment of the ProjecE and cornpliance with tfie assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRAT{ON, 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 (85) percentum of all ailowabfe Projecf costs. This Offer is made on and subject #o the foflowing terms and conditions: Conditions 1. The maximum obligation of the United States payabfe under this Offer shall be $175,400.00. Far the purposes of any future grant amendments which may increase the foregoing maximum ~ obligation of the Unifed States under the provisions of Section 47108(b) of the Act, the foltawing amounts are being specifed for this purpose: i $ 0,00 for planning $175,000:00 for airport development or noise program impiementatian 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible . for considera4ion as to allowabilify underfhe provisions of the Act. 3. Payment of the United States' share of the aliowabla project oosts witl be made pursuant to and in accordancs with the provisfons of'such regulations and ptccedures. as the Secretary shaii prescribe. Final determination of the United States' share will be based upon the flnai audit of'the totat amount of apowabfe 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 #erms hereof, and such regutations and procedures as the Secretary shall prescn'be, and agrees to comply with #he assurances which were made part of the project application. 5. ' The FAA reserves the right to amend or withdraw this Offer at any time prlor to ite acceptance by the Sponsor. • - 6. This Offer shall exgire and the United States shali not be obligated to pay any part of the costs of the project unless thls Offec has been accepted by the Sponsor on or before July, 27, 2070, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsar shall take a!1 steps, including litigation if necessary, ta recover Federal funds spent fraudulenUy, wastefulty, or in. violation of Federal anb#rust statutes, or misused In any other manner In any project upon which Federal funds have been expended. . for fhe purposes of this grant . agreement the term "Federal funds" means funds however used or disbursed by the Spansor that • were original(y paid pursuant ta this or any other Federsl grant agresment: It shall o6tain the approval of the Secretary as to any determination of the amount of the Federat share of such funds. It shail retum ths recoVered Fetlerai share, including ftmds recovered by settlement, order, or ]udgment to the Secretary. lt shall furnish upon request, all dacuments and records pertaining to the determination of the amount of the Federal share or to any settlement, (itigation, negotiatlon, or other efforts taken to recover such ftmds. Ai1 setflements or other fina( posltions of the Sponsor, In court or otherwise, involving the tecovery of such Federat share shaif be approved in advance by the - Secretary. - FAA Form 5100-37 PG 2(10-89) Page 3 of 5 pages 8. The United States shall not be responsibis or liable for damage to property or injury to persons which may arise from, or be incident to, campliance with thfs grant agreement. 9. _ Traffickina In aersons: . a. Provisions appiieable to a recipient #hat is a private entlty. 1. You as tfie recipient, your employees, subrecipients under this award; and subrecipients' employees may not - i. Engage in severe forms of trafficking in persons during the periad of time that the award ts in effect; ii. Procure a commercial sex act during the period of tEme that the award is_ in effect; or W. Use forced labor inthe pertormanceL of the awarci or subawards under fhe awarrl. 2. We as the Federal awardtng agency may unilaterafly terminate this award, without penalty, if you or a subreceipient that is a private entity - is determined to have violated a prohibiticn in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency officlaf authorized to terminate the ; award ta have vEoiated a prohibitiort in paragraph a.4 ot this award term through conducf that is either ' A. Associated with perFormance under this award; or B. Imputed to your or the subrecipient using the s#andards and due process far imputing the , conduct of an individual fo an organization that ate provided In 2 CFR part 180, °OMB Guidelines to Agencies . on Governmentwlde Debarment and Suspension (Nonprocurement),° as implemented by our agency at 48 CFR Part 29. b. Proviston applicabie to a reclpient other than a private entity. We as the Federal awarding agency may uni(ateralty terminate this award, without penalty, if a subreclplent that is a prn►ate entity - - 1. Is determined to have violated an applicable prohibition In paragraph a.9 . of this • award term; or 2. Has an employee who is determined by the agency afficial authorized to terminate ; the award to hava vioiated an appiicable prohibition in paragraph a.1 of this award term through conduc#that is either - i. Assoctated with pertormanca under this award; or ii. imputed to the subrecipient using the standards and due process for imputing the conduct of an indivEduat to an organization that are provideQ in 2 CFR part 180, "OMB Gufdelines to Agencies on Govecnmeniwide Debacment and Suspension (Nonprccurement),° as implscnented by our agency at 49 CFR Part 29. c. Provislons appllcable to any reciptenk 't. You must inform us immediatefy of any information you reCaive from any source alleging a violation of a prohibition In paragraph a.1 of this awafrd term. 2. Our right to terminate unilaterally that is described In paragraph a.2 or b of this section: t. Implements section 106(g) of the Trafflclcing Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104 (g)), and ii. !s In addition.to:all other remedies for noncompliance that are avaffable to us - under this award. FAA Form 5900-37 PG 3(10-89) : Page 4 of 5 pages 3. You must include the requirements of paragraph a.1 af #his award term In any subaward you malce fo e private entity. ~ d. DefinltEons. For purposes of this award term: 1. °Employee" means efther. An individuai employed by you or a subrecipient who is engaged In the pertormance of the project or program uruier this award; or iE. Another persan engaged in the perFormance of the project or progrem under this award and not compensated,by you including, but not limited to, a volunteer or , individual whose services are contributed by a thlyd pa+ty as an in-kind contribution toward cost sharir►g or matching requirements. 2. °Forced isbor" means tabor obtained by any of the foSlowing methods: the recruitment, harboring, transportation, provision, or obtaiNng of a person for (abor or senrices, thtough fhe use of force, fraad, or coercion for ihe purpose of subJection to invaluntary servitude, peonage, debt bondage, or slavery. 3. "Private entity°: ' i. Means any entity other than a State, local govemment, indian tribe, or foreign pubiic entity, as those terms are defined ih 2 CFR 175.25. ii. tncludes: . A. A nonprofit arganizatian, including any nonprofit : institution of higher education, hospital, or tribal organization other than. one inciuded in the dafinition of [ndian tribe at 2 CFR 175.25(b). B. Afor-profit organization. 4. °Severe forms of trafficking in persons,° °commerciat sex act; and "coercion° have the meanings given at section 103 of the NPA, as amended (22 U.S.C. 7102). Speclal ConditFons 90. [t is rnutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obfigation of the Unifed States exceeds the expected needs of the Sponsoe the. maximum obligatian of the United States can be unilaterally reduced by letter from the FAA adyising of the budget change. Conversely, if there is an averrun In tha total adual eiigibfe and altowable 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 J letter of the increase. It is furfher understood and agread that if, during the life of the project, the , FAA determines that a change in the grant description is advantageous and in ths best interests of the Unfted States, the change In grant descriptlon wil[ be unflateraUy amended by letter from the FAA. Upon fssuance af the aforementloned letter, either the grant obligation,of the Wnited 8tates is adjusted to the amount specified or fhe grant description is amended to the description speclfled. 11. Unless otherwise approved by the FAA, the Sponsor will nat acquire or permit any coritractor or subcontractor to acquire a_ ny steel or manufactured products produced outside the United States to be used for any project for airport devetopment or nolss compaUbtllty for which funds are provided under th[a grant. The Sponsor wi11 include In every contract a provision implementing this specfal condition. FAA Form 5700-37 PG 4(10-88) °Page 5 of S pages The Sponsor's acceptance af this Offer and ratiflcation 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 acc4mpilshment 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 Qffer. UNITEQ STATES OF AMERICA FEDERAL AVIATION ADMINISTRAT10A1 By. . . Kare Miles, Acting Manager, Seattle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt ail assurances, statements, represantations, warranties, covenants, and agreements contained in the Project Application and incorparated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply (ith all of the terms and conditions in this Offer and in the Project Appiication. Executed this. . . ,;,)j'.~ . . . . . . . . . . . . . . day of . . . . . . . . - . . . . . . . . . . . 2010. I uburn, Washington l ~ (SEAL) By . Sponsor's Designated Official Represehtative Title: . . . . . . e , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attest: . . Title:.... CERTIFI TE OF SPONSOR'S ATTORNEY I, . . . . . . . . . . , acting as Aftomey for the Sponsor do hereby certify: That in my opinion the Sponsor is emprnnrered to enter into the foregoing Grant Agreement under the laws of the State of Washington. FurEher, 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 thereot is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants invoiving prfljects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full pertormance by the Sponsor. Further, it is my oplnion that the said Grant Agreement constitutes a lega( and binding obligation of the Sponsor in accordance with fhe terms thereof. Dated at. this . . . . . .~i~. . . . . . . . . day of. . . . . . . 2010. • . ~ /~=10 r Signatur e of Sponsor's~Attorne FAA Form 5100-37 PG 5(10-89) •