HomeMy WebLinkAbout08-07-2023 City Council AgendaCity Council Meeting
August 7, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn Special City Council Meeting scheduled for Monday A ugust 7, 2023
at 7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Z oom, please call the below number or click
the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/85807109908
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .I nternational Overdose Awareness Day
Mayor Backus to proclaim A ugust 31, 2023 as "I nternational Overdose Awareness
Day" in the City of Auburn
V I .AG E ND A M O D I F IC AT I O NS
Page 1 of 65
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax, or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
2.Council Rules of Procedure Ad Hoc Committee (Chair
Rakes)
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J uly 17, 2023, City Council Meeting
Page 2 of 65
B .Minutes of the J uly 24 and J uly 31, 2023, Study Session
Meetings
C.Claims Vouchers (Thomas)
Claims voucher list dated A ugust 2, 2023 which includes voucher number 472830
through 473070, in the amount of $5,285,471.80, two electronic fund transfers in the
amount of $1,926.07, and six wire transfers in the amount of $950,194.20
D.P ayroll Voucher (T homas)
P ayroll check numbers 539508 through 539509 in the amount of $626,370.33
electronic deposit transmissions in the amount of $2,580,055.70 for a grand total of
$3,206,426.03 for the period covering J uly 13, 2023 to August 2, 2023
E .S etting the date for a Public Hearing for MO X Networks, L L C
Franchise A greement (Gaub)
City Council to set the date for a Public Hearing for Franchise A greement No. F R N22-
0004 for MO X Networks, L L C for a Dark F iber I nfrastructure Franchise
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
X I I .RE S O L UT IO NS
A .Resolution No. 5730 (Thomas)
A Resolution authorizing the K ing County’s R E + P ledge
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5730.)
B .Resolution No. 5731 (Gaub)
A Resolution authorizing a Grant Agreement between the City of A uburn and the
Federal Aviation A dministration relating to P roject No. C P 2201, Airport T-Hangar
Upgrades
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5731.)
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 17, 2023, City Council Meeting
Date:
August 3, 2023
Department:
City Council
Attachments:
07-17-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 7, 2023 Item Number:CA.A
Page 4 of 65
City Council Meeting
J uly 17, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Cheryl Rakes and Yolanda Trout-Manuel.
Councilmember Robyn Mulenga was excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, contracted A ttorney B ob Sterbank, Director of
P ublic Works I ngrid Gaub, Director of P arks, A rts, and Recreation Daryl
Faber, Director of F inance J amie T homas, A ssistant Chief of P olice
S amuel B etz, Real E state Manager J osh Arndt, and City Clerk Shawn
Campbell.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
Mayor Backus introduced Bob S terbank of F oster Garvey P C as the City's
contracted L egal Counsel and announced that Harry B oesche is the Acting
City Attorney.
V I .AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
Page 1 of 6Page 5 of 65
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Written comments:
B everly W indsor
Ms. W indsor expressed her concerns regarding crime in the City.
B reanna K ennedy
Ms. K ennedy expressed concerns regarding paid administrative
leave.
B rady Webb
Mr. Webb expressed concerns regarding paid administrative leave.
Teresa Runner
Ms. Runner expressed concerns regarding the City's social media
posts.
In-P erson Comments:
Dave Heutchy 10925 S T 287th S treet
Mr. Heutchy expressed concerns regarding water costs since being
annexed into the City.
Dianna J ohnson 702 22nd S T S E
Ms. J ohnson, member of the City's P olice A dvisory Committee
(PA C), expressed concerns regarding paid administration leave for
J eff Nelson.
J im B rass 404 22nd Street S E
Mr. Brass expressed his appreciation for the Police Department and
the Park, Arts and Recreation Department. He expressed concerns
regarding Parks restrooms being closed.
J eanne S tover 609 6th S T S E
Ms. S tover expressed concern about the criminal activity in the City.
A shley Caulkins 304 L S treet S E
Ms. Caulkins expressed concerns regarding vacant retail stores,
advertising for the community, and talked about the brand identity.
Page 2 of 6Page 6 of 65
B .Correspondence
There was no correspondence for Council to review.
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the F inance ad hoc committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
2.Council Rules and Procedure Ad Hoc Committee (Chair
Rakes)
Councilmember Rakes, Chair of the Council Rules and P rocedure
ad hoc committee, reported the committee consists of herself,
Deputy Mayor J eyaraj, and Councilmember B rown. S he reported the
committee will meet again on J uly 21, 2023 and requested Council
share any concerns or suggestions.
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J une 5, 2023, Regular City Council Meeting
B .Minutes of the J une 12, 2023, and J uly 10, 2023, S tudy
S ession Meetings
C.Minutes of the J une 26, 2023, Special City Council Meeting
D.Claims Vouchers (Thomas)
Claims voucher list dated J une 28, 2023 which includes voucher number 472377
through 472526, in the amount of $5,487,029.29, one electronic fund transfer in the
amount of $38.99, and five wire transfers in the amount of $902,344.30
Claims voucher list dated J uly 12, 2023 which includes voucher number 472527
through 472829, in the amount of $1,327,349.79, two electronic fund transfers in the
amount of $2,003.07, and three wire transfers in the amount of $779,107.34
E .P ayroll Voucher (T homas)
P ayroll check numbers 539499 through 539501 in the amount of $734,755.83
Page 3 of 6Page 7 of 65
electronic deposit transmissions in the amount of $2,419,773.96 for a grand total of
$3,154,529.79 for the period covering J une 15, 2023 to J une 28, 2023
P ayroll check numbers 539503 through 539507 in the amount of $77,525.26 electronic
deposit transmissions in the amount of $2,731,096.70 for a grand total of
$2,808,621.96 for the period covering J une 29, 2023 to J uly 12, 2023
Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
There was no new business.
X I I .O RD INANC E S
A .Ordinance No. 6911 (Thomas)
A n Ordinance amending Ordinance No. 6879, the 2023-2024 B iennial Operating
B udget Ordinance, and Ordinance No. 6888, the 2023-2024 Biennial Capital Budget,
authorizing amendment to the City of Auburn 2023-2024 B udget as set forth in
schedule "A" and schedule "B "
Councilmember B aldwin moved and Councilmember B aggett seconded to
approve Ordinance No. 6911.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Ordinance No. 6912 (T homas)
A n Ordinance amending S ection 13.06.360 of the A uburn City Code (A C C), relating to
City Utility Rates
Councilmember B aldwin moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6912.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I I .RE S O L UT IO NS
A .Resolution No. 5725 (Faber)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the Washington Department of Commerce to accept and expend Grant
Funds for continued Restoration and Phase 2 Restoration of the A uburn Arts and
Culture Center
Deputy Mayor J eyaraj moved and Councilmember B aggett seconded to
Page 4 of 6Page 8 of 65
approve Resolution No. 5725.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5726 (L egal)
A Resolution authorizing the Mayor to execute the F irst Amendment to the S ite
A greement between the City of Auburn and S B A 2012 T C A ssets L L C related to
leasing Game F arm Park Property for a Telecommunications Tower
Councilmember B aldwin moved and Councilmember B rown seconded to
approve Resolution No. 5726.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5727 (Faber)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the National Recreation and P ark Association to accept and expend Grant
Funds for improvements to the P aved P athway S ystem at Auburndale Park
Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to
approve Resolution No. 5727.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
D.Resolution No. 5728 (Gaub)
A Resolution authorizing the Mayor to execute and administer Washington State Public
Works Trust Fund L oan Documents to F inance Roadway I mprovements on Auburn
Way South from Hemlock S treet S E to Poplar S treet S E (P roject C P1622)
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5728.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember B aldwin reported she participated in the City of Kent's
Cornucopia Parade and stated A uburn had a great 4th of J uly.
Councilmember Trout-Manuel reported she participated as a J udge at the
P ets in the Park Day event at L es Gove, B est Starts for K ids Advisory
B oard Meeting, National L eagues of Cities HE L O Meeting, and attended a
Washington State Rapid D NA Webinar.
Page 5 of 6Page 9 of 65
B .From the M ayor
Mayor Backus reported she met with the North Auburn Businesses
regarding crime, K ing County Good Eggs B reakfast, annual Family
B riefing for Police Officers, tour of Quixote Village in Orting, City Mayors
and P olice Chief meeting regarding J uvenile crime, and the Celebrate 18
Fundraiser.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:44 p.m.
A P P R O V E D this 7th day of A ugust, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 10 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 24 and July 31, 2023, Study Session
Meetings
Date:
August 3, 2023
Department:
City Council
Attachments:
07-24-2023 Minutes
07-31-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 7, 2023 Item Number:CA.B
Page 11 of 65
City Council Study Session P W C D S FA
J uly 24, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
A .P UB L I C PA RT I C I PAT I O N
P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin,
B ob Baggett, L arry B rown, Robyn Mulenga, Cheryl Rakes, and Yolonda
Trout-Manuel.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, A ssistant Chief of P olice Samuel Betz, Director
of P ublic Works I ngrid Gaub, Director of I nnovation and Technology David
Travis, Director of Finance J amie Thomas, Director of Community
Development J eff Tate, Utility Billing Services Manager J oan Nelson, and
City Clerk S hawn Campbell.
I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .K ing County Solid Waste R E+ Presentation (T homas) (20 Minutes)
Manager Nelson introduced Amy Ockerlander from K ing County Solid
Waste who provided Council with an overview of the R E + P rogram. S he
explained the mission of the program, the beginning actions of the
program, the estimated impacts of the program, where King County is
leading and lagging regarding recycling, the implementation of the program
for the first year, the results of the King County Resident S urvey, the
extended producer responsibility for packaging and paper products,
organics management laws, single family organics, the J uno Mixed Waste
P rocessing P roject, the NextCycle program, the R E + Grants, the R E+
Community Panel, the City/County collaboration, and she reviewed the
Page 1 of 2Page 12 of 65
next steps.
Council discussed the grants received by cities, community engagement,
illegal dumping, reduced rates at transfer stations, home composting, yard
waste, new technology, and data comprising the estimates.
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .S egale P roperties P resentation (Tate) (30 Minutes)
Representatives from S egale P roperties will provide an overview of a sub area
planning effort that they intend to initiate in preparation of the completion of their gravel
mining operation
Councilmember B rown Chaired this portion of the meeting.
Director Tate provided Council with an overview of the Stuck River Road
and Mt. Rainer Vista Sub-A rea P lanning. He introduced Mark Segale and
Mike Holmes, they provided a brief overview of the S egale Holdings in
A uburn, the next steps for the Stuck Road gravel pit, the size for S tuck
Road pit site, the allowed uses for the two sites, the current zoning for the
land, the re-development opportunities and barriers, potential solution to
infrastructure barriers, the purpose of coming to Council, planning steps,
and milestone dates. Director Tate explained how the City has already
included this property in the Comprehensive Plan, the scoping process for
the environmental impact study, and the State laws that regulate the
process.
Council discussed the changes to the pit at the end of mining.
Council discussed the deadline to submit the recommended changes to
the Council Rules of Procedure, and interest of a Tax I ncrement F inancing
(T I F) presentation.
V.A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 6:37 p.m.
A P P R O V E D this 7th day of A ugust, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 13 of 65
City Council Study Session
J uly 31, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor J eyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, Robyn Mulenga, Cheryl Rakes, and Councilmember
Yolonda Trout-Manuel. Councilmember L arry B rown was excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, A ssistant Chief of P olice Samuel Betz, Director
of I nnovation and Technology David Travis, Director of F inance J amie
Thomas, Outside Counsel S tephen DiJ ulio, B usiness S ystems Analyst
Chrissy Malave, and Deputy City Clerk Hannah S choll.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .P roposed Changes to City Council Rules of Procedure
Councilmember Rakes, Chair of the Council Rules of P rocedure ad hoc
committee, provided Council with an overview of the proposed changes
including Council Meeting start times, Director support for Council agenda
items, the projected agenda process, emergency meetings, cancellation of
meetings, order of business at Council meetings, use of cell phones during
meetings, presiding over Special Focus A rea's, absences, updating
language to match R C W language, remarks, obligation to the public
agency, prolonged absences, staff for Council meetings, and updates to
S pecial F ocus Area groups.
Page 1 of 2Page 14 of 65
Council discussed earlier Council meeting start times, citizen access to
meetings, Director and staff support to Council, Council packet item
deadlines, new business items, S pecial F ocus Areas and ad hoc
Committees, notification of absences, City events, calendar notices,
prolonged absence timeframe, the process of editing the Special Focus
A rea topics, adding new S pecial F ocus Areas, and the previous
Committee process.
Councilmember Rakes announced the Committee will continue working
with L egal.
Deputy Mayor J eyaraj reminded Council to respond to staff emails and
check their phones at least once a day.
V.A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 6:59 p.m.
A P P R O V E D this 7th day of A ugust, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 15 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
July 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated August 2, 2023 which includes voucher number 472830 through
473070, in the amount of $5,285,471.80, two electronic fund transfers in the amount of
$1,926.07, and six wire transfers in the amount of $950,194.20.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:August 7, 2023 Item Number:CA.C
Page 16 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
July 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539508 through 539509 in the amount of $626,370.33 electronic
deposit transmissions in the amount of $2,580,055.70 for a grand total of $3,206,426.03 for
the period covering July 13, 2023 to August 2, 2023
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:August 7, 2023 Item Number:CA.D
Page 17 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the date for a Public Hearing for MOX Networks, LLC
Franchise Agreement (Gaub)
Date:
July 11, 2023
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for Franchise Agreement No. FRN22-0004 for
MOX Networks, LLC for a Dark Fiber Infrastructure Franchise for August 21, 2023, at 7:00
pm.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a public hearing before
granting or denying a franchise agreement. Staff requests that the City Council set the date
of the public hearing for Franchise Agreement No. FRN22-0004 for MOX Networks, LLC for a
Dark Fiber Franchise for August 21, 2023 at 7:00 pm.
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or
telecommunications carrier or operator to use public ways of the City and to provide service
to persons or areas inside or outside of the City.
MOX Networks, LLC has applied for a site specific franchise agreement to install dark fiber
infrastructure in the public way of West Valley Highway within the city limits. MOX intends to
provide services for wholesale telecommunications infrastructure of dark fiber optic cable and
telecommunications capacity to its customers located outside of the city limits. MOX does
not intend to provide any services to any residents or businesses inside the city limits.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 7, 2023 Item Number:CA.E
Page 18 of 65
Page 19 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5730 (Thomas)
Date:
July 20, 2023
Department:
Finance
Attachments:
Res olution 5730 - KC Solid Was te RE+ Pledge
Re+ Pledge
Budget Impact:
Administrativ e Recommendation:
City Council to approve Resolution 5730.
Background for Motion:
Resolution No. 5730 is the City of Auburn showing its support for the RE+ vision by signing
King County's RE+ Pledge.
Background Summary:
The King County Solid Waste Division recently launched RE+, their initiative to reinvent the
region's waste management to keep valuable materials in the economy, create green jobs,
and cut greenhouse gas emissions. King County's ultimate goal is to have every City in King
County to commit to the RE+ pledge. Council's adoption of Resolution 5730 establishes the
City's commitment to King County's RE+ pledge.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:August 7, 2023 Item Number:RES.A
Page 20 of 65
--------------------------------
Resolution No. 5730
July 14, 2023
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN KING COUNTY’S RE+ PLEDGE
WHEREAS, the solid waste division of King County operates multiple facilities for
the disposal or recycling of solid waste and household hazardous waste , as well as
offering a number of programs and services focused on waste prevention and disposal .
It is also the planning authority for the solid waste transfer and disposal system that serves
residents and businesses in King County; and
WHEREAS, Re+ is one of the programs of the King County solid waste division.
The program seeks to minimize waste by keeping valuable materials in use and out of
the landfill and thereby reduce emissions and help create opportunities in the green
economy; and
WHEREAS, the King County Comprehensive Solid Waste Management Plan sets
a goal to achieve zero waste of resources by 2030; and
WHEREAS, King County recognizes the critical role of communities in
implementing innovative zero waste and recycling programs and furthering the Re+
mission; and.
WHEREAS, King County is requesting that local jurisdictions sign the Re+ pledge,
attached as Exhibit A, to show their support for the Re+ vision, which is to reduce the use
of single-use items, reuse things that are able to be reused, recycle all remaining items,
and rethink the solid waste system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 21 of 65
--------------------------------
Resolution No. 5730
July 14, 2023
Page 2 of 2 Rev. 2019
Section 1. The Mayor is authorized to execute and return the King County Re+
Pledge, attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Harry Boesche, Acting City Attorney
Page 22 of 65
Climate Change is an urgent challenge, with far-reaching current and
future impacts to our environment, public health, and economy. King
County’s Re+ program aims to divert recoverable material from the
landfi ll which will reduce greenhouse gas emissions and contribute to a circular economy.
Based on the 2019 Waste Characterization study up to 70% of what ends up in our landfi ll could
be composted, reused and recycled. Reclaiming these items and repurposing them through
recycling or composting will help us reach King County’s zero waste goals.
Implementing Re+ will ensure that we are keeping true to our commitments to reduce climate
impacts, conserve resources, and create a healthier environment for our communities by
keeping valuable materials out of the landfi ll and in use as long as possible.
Re+ is a roadmap for making that change.
Our approach aims to reinvent the current waste management system to be more resilient,
equitable, and cost-effective through strategies necessary to meet our 2030 goal of zero food
waste and zero waste of reusable resources.
Key actions include identifying new ways of processing organics and recycling, developing
recycling markets for organics, paper and plastic, and a community panel to engage historically
underrepresented and adversely impacted community members to help guide future outcomes.
These new markets will create local jobs in the private sector, help build the green economy and
ensure a just and equitable impact on the members of our community.
Re+ builds on the important work that many of our partners, including cities, the Port of Seattle,
businesses, non-profi ts, community members, and the County are already doing to reduce
contributions to climate change.
WHEREAS, climate change is an urgent challenge, with far-reaching current and future impacts
to our environment, public health, and economy; and
WHEREAS, greenhouse gas (GHG) emissions generated globally from the production, transport,
use, and disposal of goods, foods, and services consumed in King County are a major part of
our communities’ climate footprint and are more than locally generated GHG emissions; and
WHEREAS, King County and K4C partners are measuring, reporting, and developing new
strategies to reduce consumption-related GHG emissions; and
WHEREAS, supporting the Re+ effort will help focus our joint effort and responsibility to make
progress toward reducing local GHG emissions by increasing waste prevention and recycling,
laying the foundation for developing a circular economy; and
Re+ Pledge
Page 23 of 65
WHEREAS, we recognize that the
success of Re+ will require collaboration
between King County, local jurisdictions,
tribes, businesses, community-based
organizations, and others; and
WHEREAS, the Re+ Program is consistent
with, consolidates, and accelerates
progress towards achieving the approved
goals and strategies of the 2020
Strategic Climate Action Plan, the 2019
Comprehensive Solid Waste Management
Plan, and the Joint Climate Action
Commitment of the King County Cities
Climate Collaborative (K4C) in relation to
the County’s zero-waste goals; and
WHEREAS, we will work with the County to identify ways to enhance our efforts to achieve the
vision of Re+ with implementation support from the County including competitive grants, model
language for countywide program and policy implementation, and technical support; and
WHEREAS, as a core component of this important work we must engage in ways that are
fair, equitable and inclusive for those who are historically under-represented and have been
disproportionately impacted by the status quo in our communities.
Now, therefore, we pledge our support for the shared vision that Re+ represents and look
forward to collaborating to see this vision become reality.
Signed this ____________ day of _____________ , _______ , by
Alternate Formats Available
206-477-4466 • TTY Relay 711
Name, Title
on behalf of
Jurisdiction
Page 24 of 65
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5731 (Gaub)
Date:
July 27, 2023
Department:
Public Works
Attachments:
Res olution No. 5731
FAA Grant Agreement
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5731.
Background for Motion:
This Resolution accepts grant funding awarded for the construction of an upgrade of existing
T-Hangars to enclosed Hangars at the Auburn Municipal Airport.
Background Summary:
Resolution No. 5731 authorizes the City to accept Federal Aviation Administration (FAA) grant
funds for the construction of Project No. CP2201, Airport T-Hangar Upgrades. Staff applied
for the grant and has received a grant offer from the FAA in the amount of $587,000. The
grant funds are accepted using the attached FAA Grant Agreement. This grant offer must be
accepted by the City no later than August 15, 2023.
The current wait time for enclosed hangar space at the Auburn Municipal Airport (Airport) is
estimated at 15 years. The Airport plans to install interior walls and exterior doors on a row of
existing “open” hangars (Hangar Row G) in order to address a portion of this demand and
increase revenue at the Airport. If the budget allows this project will also remove and replace
the existing canvas roll-up doors on Hangar Row J which are beyond their useful life.
The total estimated cost of this project is $1,962,000 which includes $625,000 of 465 Airport
Funds, a $750,000 Washington State Department of Transportation Community Aviation
Revitalization Board loan, and the $587,000 FAA grant.
Design of the project is complete and construction is anticipated to begin in September 2023.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 7, 2023 Item Number:RES.B
Page 25 of 65
Page 26 of 65
-----------------------------
Resolution No. 5731
July 27, 2023
Page 1
RESOLUTION NO. 5731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE FEDERAL AVIATION
ADMINISTRATION RELATING TO PROJECT NO. CP2201,
AIRPORT T-HANGAR UPGRADES
WHEREAS, the City of Auburn (the “City”) provides aircraft hangars for
users and tenants of the Auburn Municipal Airport (“Airport”). Airport
management staff intends to add and/or to replace doors for several hangars to
better serve the storage and security needs of Airport users and tenants, and to
enhance the value of the Airport property; and
WHEREAS, an Airport T-Hangar Upgrades project (Project No. CP2201,
“Project”) is included in the City’s adopted Capital Facilities Plan . This proposed
Project is estimated to cost approximately $1,962,000 to complete; and
WHEREAS, toward this Project cost, the Airport budget has allocated
$625,000, and the City has secured a $750,000 loan from the Washington State
Department of Transportation Community Aviation Revitalization Board ; and
WHEREAS, the City applied for a Federal Aviation Administration (“FAA”)
grant to finance the remaining balance of the Project cost. On July 25, 2023 the
FAA accepted the City’s application and has extended an offer to award the City
a grant in the amount of $587,000. This grant offer must be accepted by the City
no later than August 15, 2023; and
Page 27 of 65
-----------------------------
Resolution No. 5731
July 27, 2023
Page 2
WHEREAS, it is in the best interest of the City to use FAA grant monies to
finance the Project and its capital improvements to the Airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are hereby authorized to execute a
grant agreement between the City and the FAA in the amount of $587,000 or any
other amount authorized by the FAA for the Project as long as matching funds
are available.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Page 28 of 65
-----------------------------
Resolution No. 5731
July 27, 2023
Page 3
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________, 20 23.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche,
Acting City Attorney
Page 29 of 65
3-53-0003-033-2023
1
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Northwest Mountain Region
Oregon, Washington
Seattle Airports District
Office:
2200 S 216th St
Des Moines, WA 98198
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Ms. Ingrid Gaub
Director of Public Works
City of Auburn
25 W Main St
Auburn, WA 98001
Dear Ms. Gaub:
The Grant Offer for the Bipartisan Infrastructure Law (BIL) - Airport Infrastructure Grant (AIG) Project
No. 3-53-0003-033-2023 at Auburn Municipal Airport is attached for execution. This letter outlines the
steps you must take to properly enter into this agreement and provides other useful information. Please
read the conditions, special conditions, and assurances that comprise the grant offer carefully
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor’s authorized representative(s)
(hereinafter “authorized representative”).
2. The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor‘s attorney(s)
will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor‘s
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor‘s attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than August 15, 2023.
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
July 25, 2023
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2
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
• For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF-425 (Federal Financial Report).
• For non-construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
• For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities
that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal-assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Tom Richards, (206) 231-4126, Thomas.e.richards@faa.gov is the assigned
program manager for this grant and is readily available to assist you and your designated representative
with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
{{Sig_es_:signer1: signature}}
Warren D. Ferrell
Manager
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1
U.S. Department
of Transportation
Federal Aviation
Administration
FY 2023 AIRPORT INFRASTRUCTURE GRANT
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Airport/Planning Area Auburn Municipal Airport, Washington
Airport Infrastructure Grant
Number 3-53-0003-033-2023 (Contract Number: DOT-FA23NM-0109)
Unique Entity Identifier LT4FLVEW5U28
TO: City of Auburn
(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 16, 2023, for a grant
of Federal funds for a project at or associated with the Auburn Municipal Airport, which is included as
part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Auburn Municipal Airport (herein called the
“Project”) consisting of the following:
Improve existing T-hangar;
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and
Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL); and the
representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption
and ratification of the Grant Assurances attached hereto; (b) the Sponsor’s acceptance of this Offer; and
(c) the benefits to accrue to the United States and the public from the accomplishment of the Project
and compliance with the Grant Assurance and conditions as herein provided;
July 25, 2023
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3-53-0003-033-2023
2
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety (90) % of the allowable costs incurred accomplishing the Project as
the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this
Offer is $587,000.
The following amounts represent a breakdown of the maximum obligation for the purpose
of establishing allowable amounts for any future grant amendment, which may increase the
foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §
47108(b):
$ 0 for planning
$ 587,000 airport development; and,
$ 0 for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award
requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this
Agreement and is the date signed by the last Sponsor signatory to
the Agreement. The end date of the Period of Performance is 4
years (1,460 calendar days) from the date of acceptance. The
Period of Performance end date shall not affect, relieve, or reduce
Sponsor obligations and assurances that extend beyond the
closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an
initial Federal award and the planned end date, which may include
one or more funded portions or budget periods. (2 Code of Federal
Regulations (CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the
same start and end date as the Period of Performance provided in
Paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), a sponsor may
charge to the Grant only allowable costs incurred up to the end of
the Budget Period. Eligible project-related costs incurred on or
after November 15, 2021 that comply with all Federal funding
procurement requirements and FAA standards are allowable costs.
2. Means the time interval from the start date of a funded portion of
an award to the end date of that funded portion during which the
Sponsor is authorized to expend the funds awarded, including any
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3-53-0003-033-2023
3
funds carried forward or other revisions pursuant to 2 CFR §
200.308.
c. Close Out and Termination
1. Unless the FAA authorizes a written extension, the Sponsor must
submit all Grant closeout documentation and liquidate (pay-off) all
obligations incurred under this award no later than 120 calendar
days after the end date of the Period of Performance. If the
Sponsor does not submit all required closeout documentation
within this time period, the FAA will proceed to close out the grant
within one year of the period of performance end date with the
information available at the end of 120 days. (2 CFR § 200.344).
2. The FAA may terminate this Grant, in whole or in part, in
accordance with the conditions set forth in 2 CFR § 200.340, or
other Federal regulatory or statutory authorities as applicable.
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that
the FAA has determined to be ineligible or unallowable.
4. Determining the Final Federal Share of Costs. The United States’ share of allowable project
costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and
procedures of the Secretary, and any superseding legislation. 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.
5. Completing the Project Without Delay and in Conformance with Requirements. The
Sponsor must carry out and complete the project without undue delays and in accordance
with this Agreement, BIL (Public Law 117-58), the regulations, and the Secretary of
Transportation’s (“Secretary’s”) policies and procedures. Per 2 CFR § 200.308, the Sponsor
agrees to report and request prior FAA approval for any disengagement from performing
the project that exceeds three months or a 25 percent reduction in time devoted to the
project. The report must include a reason for the project stoppage. The Sponsor also agrees
to comply with the grant assurances, which are part of this Agreement.
6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to
amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
7. Offer Expiration Date. This offer will expire, and the United States will 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 15, 2023, or such subsequent date as may be prescribed in writing by
the FAA.
8. Improper Use of Federal Funds. The Sponsor must 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 for 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 dispersed by the Sponsor, that were originally paid pursuant
to this or any other Federal grant agreement. The Sponsor must obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. The
Sponsor must return the recovered Federal share, including funds recovered by settlement,
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4
order, or judgment, to the Secretary. The Sponsor must 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 or otherwise,
involving the recovery of such Federal share require advance approval by the Secretary.
9. United States Not Liable for Damage or Injury. The United States is not responsible or
liable for damage to property or injury to persons which may arise from, or be incident to,
compliance with this Grant Agreement.
10. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is
exempted from this requirement under 2 CFR § 25.110, the Sponsor must
maintain the currency of its information in the SAM until the Sponsor submits
the final financial report required under this Grant, or receives the final
payment, whichever is later. This requires that the Sponsor review and update
the information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used
to identify a specific commercial, nonprofit or governmental entity. A UEI may
be obtained from SAM.gov at https://sam.gov/content/entity-registration.
11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make
each payment request under this Agreement electronically via the Delphi eInvoicing System
for Department of Transportation (DOT) Financial Assistance Awardees.
12. Informal Letter Amendment of BIL Projects. 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 by $25,000 or five percent (5%), whichever is greater, the FAA can
issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor
increasing the maximum obligation if there is an overrun in the total actual eligible and
allowable project costs to cover the amount of the overrun provided it will not exceed the
statutory limitations for grant amendments. The FAA’s authority to increase the maximum
obligation does not apply to the “planning” component of Condition No. 1, Maximum
Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to
correct administrative errors or to delete work items if the FAA finds it advantageous and in
the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water
quality standards for all projects in this grant. If the Sponsor fails to comply with this
requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
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5
14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely
and accurate reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49
U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced outside the United States to be used
for any project for which funds are provided under this Grant. The Sponsor will include a
provision implementing Buy American in every contract and subcontract awarded under
this Grant.
16. Build America, Buy American. The sponsor must comply with the requirements under the
Build America, Buy America Act (Public Law 117-58).
17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended,
the maximum obligation of the United States, as stated in Condition No. 1, Maximum
Obligation, of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if
funds are available;
c. May be increased by not more than the greater of the following for a land
project, if funds are available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs
attributable to acquiring an interest in the land.
If the sponsor requests an increase, any eligible increase in funding will be subject to the
United States Government share as provided in BIL (Public Law 117-58), or other
superseding legislation if applicable, for the fiscal year appropriation with which the
increase is funded. The FAA is not responsible for the same Federal share provided herein
for any amount increased over the initial grant amount. The FAA may adjust the Federal
share as applicable through an informal letter of amendment.
18. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to
the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry
System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall
provide one copy of the completed audit to the FAA. Sponsors that expend less than
$750,000 in Federal awards and are exempt from Federal audit requirements must make
records available for review or audit by the appropriate Federal agency officials, State, and
Government Accountability Office. The FAA and other appropriate Federal agencies may
request additional information to meet all Federal audit requirements.
19. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR
§ 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program
by:
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6
1. Checking the excluded parties list system (EPLS) as maintained
within the System for Award Management (SAM) to determine if
the non-Federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-Federal entity
attesting they are not excluded or disqualified from participating;
or
3. Adding a clause or condition to covered transactions attesting the
individual or firm are not excluded or disqualified from
participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into
lower-tier transactions with their contractors and sub-contractors.
c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns
they have entered into a covered transaction with an ineligible entity or (2) the
Public Sponsor suspends or debars a contractor, person, or entity.
20. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing
Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text
Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers including policies to ban text
messaging while driving when performing any work for, or on
behalf of, the Federal government, including work relating to a
grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as:
i. Establishment of new rules and programs or re-
evaluation of existing programs to prohibit text
messaging while driving; and
ii. Education, awareness, and other outreach to
employees about the safety risks associated with
texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while
driving in all subgrants, contracts, and subcontracts funded with this Grant.
21. Trafficking in Persons.
a. Posting of contact information.
1. The Sponsor must post the contact information of the national human
trafficking hotline (including options to reach out to the hotline such as
through phone, text, or TTY) in all public airport restrooms.
b. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this Grant, and
subrecipients’ employees may not:
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7
i. Engage in severe forms of trafficking in persons during the period of
time that the Grant and applicable conditions are in effect;
ii. Procure a commercial sex act during the period of time that the
Grant and applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants
under this Grant.
2. We as the Federal awarding agency, may unilaterally terminate this Grant,
without penalty, if you or a subrecipient that is a private entity –
i. Is determined to have violated a prohibition in paragraph (a) of this
Grant Condition; or
ii. Has an employee who is determined by the agency official
authorized to terminate the Grant to have violated a prohibition in
paragraph (a) of this Grant Condition through conduct that is either
–
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 2 CFR Part
1200.
c. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this Grant, without penalty, if a
subrecipient that is a private entity –
1. Is determined to have violated an applicable prohibition in paragraph (a) of
this Grant Condition; or
2. Has an employee who is determined by the agency official authorized to
terminate the Grant to have violated an applicable prohibition in paragraph
(a) of this Grant Condition through conduct that is either –
i. Associated with performance under this Grant; or
ii. Imputed to the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that
are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement),”
as implemented by our agency at 2 CFR Part 1200.
d. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph (a) of this Grant
Condition.
2. Our right to terminate unilaterally that is described in paragraph (a) or (b)
of this Grant Condition:
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i. Implements section 106(g) of the Trafficking Victims Protection Act
of 2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and
ii. Is in addition to all other remedies for noncompliance that are
available to us under this Grant.
3. You must include the requirements of paragraph (a) of this Grant Condition
in any subgrant you make to a private entity.
e. Definitions. For purposes of this Grant Condition:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in
the performance of the project or program under this Grant; or
ii. Another person engaged in the performance of the project or
program under this Grant and not compensated by you including,
but not limited to, a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost
sharing or matching requirements.
2. “Force labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe,
or foreign public entity, as those terms are defined in 2 CFR §
175.25.
ii. Includes:
a) A nonprofit organization, including any nonprofit institute of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR § 175.25(b).
b) A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and
“coercion” have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. § 7102).
22. Exhibit “A” Property Map. The Exhibit “A” Property Map dated May 2015 is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
23. Employee Protection from Reprisal.
a. Prohibition of Reprisals
1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee,
subgrantee, contractor, or subcontractor may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing to a person or body
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described in sub-paragraph (a)(2) below, information that the employee
reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by
an employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or
management at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or
address misconduct; or
vii. An authorized official of the Department of Justice or other law
enforcement agency.
b. Investigation of Complaints.
1. Submission of Complaint. A person who believes that they have been subjected
to a reprisal prohibited by paragraph (a) of this Condition may submit a
complaint regarding the reprisal to the Office of Inspector General (OIG) for the
U.S. Department of Transportation.
2. Time Limitation for Submittal of a Complaint. A complaint may not be brought
under this subsection more than three years after the date on which the alleged
reprisal took place.
3. Required Actions of the Inspector General. Actions, limitations, and exceptions
of the Inspector General’s office are established under 41 U.S.C. § 4712(b).
c. Remedy and Enforcement Authority.
1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a
decision not to conduct or continue an investigation by the OIG, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §
4712(c)(2).
24. Prohibited Telecommunications. Sponsor agrees to comply with mandatory standards and
policies relating to use and procurement of certain telecommunications and video
surveillance services or equipment in compliance with the National Defense Authorization
Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216.
SPECIAL CONDITIONS
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25. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive
Orders in effect at the time this Grant Agreement is executed, including Executive Order
14005, Ensuring the Future Is Made in All of America by All of America’s Workers.
26. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA
approval of this grant is based on the Sponsor’s certification to carry out the project in
accordance with policies, standards, and specifications approved by the FAA. The Sponsor
Certifications received from the Sponsor for the work included in this grant are hereby
incorporated into this grant agreement. The Sponsor understands that:
a. The Sponsor’s certification does not relieve the Sponsor of the requirement to
obtain prior FAA approval for modifications to any AIP standards or to notify the
FAA of any limitations to competition within the project;
b. The FAA’s acceptance of a Sponsor’s certification does not limit the FAA from
reviewing appropriate project documentation for the purpose of validating the
certification statements;
If the FAA determines that the Sponsor has not complied with their certification statements,
the FAA will review the associated project costs to determine whether such costs are
allowable under AIP.
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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, 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 Grant Assurances, terms, and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor’s acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.1
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}}
(Signature)
{{N_es_:signer1:fullname }}
Warren D. Ferrell
{{*Ttl_es_:signer1:title }}
Manager, Seattle Airports District Office
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
Warren Ferrell
Manager, Seattle Airports District Office
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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 Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.2
Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}}
City of Auburn
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer2:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title: {{*Ttl_es_:signer2:title }}
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer3: fullname}}, 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, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as
the Bipartisan Infrastructure Law (BIL), Division J, Title VIII; and the representations contained in the
Project Application. 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.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3
Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}}
By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant
agreements for airport development, airport planning, and noise compatibility
program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project
application by sponsors requesting funds under the provisions of Public Law
117-58, Division J, Title VIII, as amended. As used herein, the term "public
agency sponsor" means a public agency with control of a public-use airport; the
term "private sponsor" means a private owner of a public-use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by
a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in
full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program
project, or throughout the useful life of the project items installed within a
facility under a noise compatibility program project, but in any event not to
exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with
federal funds. Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or
noise compatibility program project shall be no less than ten (10) years from
the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5,
6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects.
The terms, conditions, and assurances of this Grant Agreement shall remain in
full force and effect during the life of the project; there shall be no limit on the
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duration of the assurances regarding Exclusive Rights and Airport Revenue so
long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of
Federal funds for this Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq.
d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §
4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108.1.1
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1
l. 49 U.S.C. § 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 - 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act - 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.1
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w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs
e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s
Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
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h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
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5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the
proposed project; that a resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body
authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be
required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the
proposed project and comply with all terms, conditions, and assurances of this
Grant Agreement. It shall designate an official representative and shall in
writing direct and authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection with
this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid
by the United States. It has sufficient funds available to assure operation and maintenance
of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of
the sponsor, it holds good title satisfactory to the Secretary to that portion of
the property upon which Federal funds will be expended or will give assurance
to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions,
and assurances in this Grant Agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any
outstanding rights or claims of right of others which would interfere with such
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performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell,
lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests in the property shown on Exhibit A to this application or, for a
noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions,
and assurances in this Grant Agreement without approval by the Secretary. If
the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of this Grant Agreement and to have
the power, authority, and financial resources to carry out all such obligations,
the sponsor shall insert in the contract or document transferring or disposing of
the sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and assurances
that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to
enforce this agreement against the local government if there is substantial
non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to ensure that the airport
will be operated and maintained in accordance with Title 49, United States
Code, the regulations and the terms, conditions and assurances in this Grant
Agreement and shall ensure that such arrangement also requires compliance
therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property
used as a residence, or zoned for residential use, to taxi an aircraft between
that property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
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residential real property adjacent to or near the airport must comply with the
requirements of 49 U.S.C. § 47107(s) and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United
States Code, it has undertaken reasonable consultations with affected parties using the
airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering
the economic, social, and environmental effects of the airport or runway location and its
consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of
such hearings to the Secretary. Further, for such projects, it has on its management board
either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which the
airport is located, if any, a copy of the proposed amendment to the airport layout plan to
depict the project and a copy of any airport master plan in which the project is described or
depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance-management program and it assures that it will
use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines
may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title
49, it has, on the date of submittal of the project grant application, all the safety equipment
required for certification of such airport under 49 U.S.C. § 44706, and all the security
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equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount
and disposition by the recipient of the proceeds of this Grant, the total cost of
the project in connection with which this Grant is given or used, and the
amount or nature of that portion of the cost of the project supplied by other
sources, and such other financial records pertinent to the project. The accounts
and records shall be kept in accordance with an accounting system that will
facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the purpose
of audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to this Grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection
with which this Grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under
this Grant Agreement which involve labor, provisions establishing minimum rates of wages,
to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and
3147, Public Building, Property, and Works), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall
be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement
which involve labor, such provisions as are necessary to insure that, in the employment of
labor (except in executive, administrative, and supervisory positions), preference shall be
given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans,
disabled veterans, and small business concerns owned and controlled by disabled veterans
as defined in 49 U.S.C. § 47112. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary
prior to commencement of site preparation, construction, or other performance under this
Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant
Agreement. Any modification to the approved plans, specifications, and schedules shall also
be subject to approval of the Secretary, and incorporated into this Grant Agreement.
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17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications, and
schedules approved by the Secretary for the project. It shall subject the construction work
on any project contained in an approved project application to inspection and approval by
the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost and
progress reporting by the sponsor or sponsors of such project as the Secretary shall deem
necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly
approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and agrees
that no material prepared with funds under this project shall be subject to
copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute,
and otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project
as well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or
the Secretary's approval of any planning material developed as part of this
grant does not constitute or imply any assurance or commitment on the part of
the Secretary to approve any pending or future application for a Federal airport
grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users
of the airport, other than facilities owned or controlled by the United States,
shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by
applicable Federal, state and local agencies for maintenance and operation. It
will not cause or permit any activity or action thereon which would interfere
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with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the airport for
non-aeronautical purposes must first be approved by the Secretary. In
furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3. Promptly notifying aviators of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight
altitudes) will be adequately cleared and protected by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning
laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations, including landing and
takeoff of aircraft. In addition, if the project is for noise compatibility program
implementation, it will not cause or permit any change in land use, within its jurisdiction,
that will reduce its compatibility, with respect to the airport, of the noise compatibility
program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct
or to engage in any aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions requiring the
contractor to:
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1. Furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other fixed-
based operators making the same or similar uses of such airport and utilizing
the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve
any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions,
rates, fees, rentals, and other charges with respect to facilities directly and
substantially related to providing air transportation as are applicable to all such
air carriers which make similar use of such airport and utilize similar facilities,
subject to reasonable classifications such as tenants or non-tenants and
signatory carriers and non-signatory carriers. Classification or status as tenant
or signatory shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on
air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing
any services on its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the
airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public. For purposes of this paragraph, the
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providing of the services at an airport by a single fixed-based operator shall not be
construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and such airport. It further agrees
that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct any aeronautical
activities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts,
and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will
terminate any exclusive right to conduct an aeronautical activity now existing
at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which
will make the airport as self-sustaining as possible under the circumstances existing at the
particular airport, taking into account such factors as the volume of traffic and economy of
collection. No part of the Federal share of an airport development, airport planning or noise
compatibility project for which a Grant is made under Title 49, United States Code, the
Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and
which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for
the use of the revenues from any of the airport owner or
operator's facilities, including the airport, to support not only the
airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all
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revenues generated by the airport (and, in the case of a public
airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor’s acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20-year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair
market value of any land acquired with an airport improvement
grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at 49 U.S.C. § 47102), if the FAA determines the airport
sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to
the public; make available to the public at reasonable times and places a report
of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and
assurances of this Grant Agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
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1. all amounts paid by the airport to any other unit of government
and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common with other aircraft at all times without charge,
except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the
facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft will be
considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on
land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five million
pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather-reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein as the
Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof
will be made available as provided herein within four months after receipt of a written
request from the Secretary.
29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section
163, it will keep up to date at all times an airport layout plan of the airport
showing:
1. boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or
controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities;
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3. the location of all existing and proposed non-aviation areas and of
all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across
the airport’s property boundary.
Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall
be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make or
permit any changes or alterations in the airport or any of its facilities which are
not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility
or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section
163, if a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of any
federally owned, leased, or funded property on or off the airport and which is
not in conformity with the airport layout plan as approved by the Secretary, the
owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the
Secretary; or
2. bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved
change in the airport or its facilities except in the case of a
relocation or replacement of an existing airport facility due to a
change in the Secretary’s design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States
shall, on the grounds of race, color, and national origin (including limited English
proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and
gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age
Discrimination Act of 1975 and related requirements; or disability per the Americans with
Disabilities Act of 1990 and related requirements, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in any program and
activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in
49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
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1. Programs and Activities. If the sponsor has received a grant (or
other federal assistance) for any of the sponsor’s program or
activities, these requirements extend to all of the sponsor’s
programs and activities.
2. Facilities. Where it receives a grant or other federal financial
assistance to construct, expand, renovate, remodel, alter, or
acquire a facility, or part of a facility, the assurance extends to the
entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other
Federal financial assistance in the form of, or for the acquisition of
real property or an interest in real property, the assurance will
extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where
the Federal financial assistance is to provide, or is in the form of, personal
property, or real property, or interest therein, or structures or improvements
thereon, in which case the assurance obligates the sponsor, or any transferee
for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose
involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the
property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
Grant Agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
“The (City of Auburn), in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders or offerors that it will affirmatively
ensure that for any contract entered into pursuant to this advertisement,
[select businesses, or disadvantaged business enterprises or airport concession
disadvantaged business enterprises] will be afforded full and fair opportunity
to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender
identity), age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring
compliance with the acts and regulations relative to non-
discrimination in Federally-assisted programs of the Department of
Transportation (DOT), and incorporating the acts and regulations
into the contracts by reference in every contract or agreement
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subject to the non-discrimination in Federally-assisted programs of
the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities
in every contract that is subject to the non-discrimination acts and
regulations.
3. It will insert non-discrimination contract clauses as a covenant
running with the land, in any deed from the United States effecting
or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting
discrimination on the basis of race, color, national origin (including
limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability as a covenant
running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other
parties:
a. For the subsequent transfer of real property acquired
or improved under the applicable activity, project, or
program; and
b. For the construction or use of, or access to, space on,
over, or under real property acquired or improved
under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found
by the Secretary to give reasonable guarantee that it, other recipients, sub-
recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance
under such program will comply with all requirements imposed or pursuant to
the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the
land is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at
the discretion of the Secretary, (1) reinvested in another project at the airport,
or (2) transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant
funding under 49 U.S.C. § 47117(e);
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3. Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. § 47114, 47115, or
47117, or under Public Law 117-58, Division J, Title VIII; or
4. Transfer to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport.
If land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not
be considered a disposal of the land. Revenues derived from such a lease may
be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred
to another eligible airport as prescribed by the Secretary. The Secretary shall
give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant
funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or
47117, or under Public Law 117-58, Division J, Title VIII; or
4. Transfer to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including runway
protection zones) or serve as noise buffer land, and (2) the revenue from
interim uses of such land contributes to the financial self-sufficiency of the
airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before
December 31, 1987, was notified by the operator or owner of the uses of such
land, did not object to such use, and the land continues to be used for that
purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land
will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
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32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of
Title 49 U.S.C., or Public Law 117-58, Division J, Title VIII it will award each contract, or sub-
contract for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping or related services in the same manner as a contract for architectural and
engineering services is negotiated under Chapter 11 of Title 40 U.S.C., or an equivalent
qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country
is listed by the United States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Infrastructure Grant in accordance with
policies, standards, and specifications approved by the Secretary including, but not limited
to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-
checklist.pdf) for AIG projects as of June 16, 2023.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable
under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24
and will pay or reimburse property owners for necessary expenses as specified
in Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part
24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity
buses or other modes of transportation to have access to the airport; however, it has no
obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, sex, in the
award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the
award and performance of any concession activity contract covered by 49 CFR Part 23. In
addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex
in the administration of its Disadvantaged Business Enterprise (DBE) and Airport
Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of
Page 63 of 65
3-53-0003-033-2023
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 20 of 20
49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49
CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as
required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference
in this agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to
be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport
owner or operator will grant to the aircraft owner for the hangar a long term lease that is
subject to such terms and conditions on the hangar as the airport owner or operator may
impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
49 U.S.C. § 47102) has been unable to accommodate one or more requests by
an air carrier for access to gates or other facilities at that airport in order to
allow the air carrier to provide service to the airport or to expand service at the
airport, the airport owner or operator shall transmit a report to the Secretary
that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Page 64 of 65
Vicinity Map Printed On: 7/26/2023
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:600905001000
ft
WGS84 Web Mercator (Auxiliary Sphere)
Hangar Row J
Replace existing
canvas roll-up doors
with manual sliding
doors if budget allows.
Hangar Row G
Enclose "open"
hangar by installing
interior walls and
manual sliding doors.
Page 65 of 65