Item C26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/17/02
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES - Emergency Add-on
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of a Federal Aviation Administration grant, in the amount of $50,750.00, to
reimburse the Key West International Airport for a portion of additional security costs incurred subsequent to
September 11,2001.
ITEM BACKGROUND: Application was made for funds under a special Federal grant which totals $175 million. These
funds were made available to help compensate airports for security expenditures.
PREVIOUS RELEVANT BOCC ACTION: None on this item
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PASSENGER FACILITY CHARGE: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT: $50,750.00
APPROVED BY: County Attorney - certifies after execution
OMB/Purchasing
Risk Management
KEY WEST AIRPORT DIRECTOR APPROVAL ;~~-e:=-~
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
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DISPOSITION:
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u.s. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: April 5, 2002
Key West International Airport
Project No. 3-~2-0037-016-2002
TO: Monroe County Board of County Commissioners
(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 January 17,
2002, for a grant of Federal funds for a project at or associated with the Key West
International Airport, which Project Application, as approved by the FAA, is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project")
consisting of the following:
"Compensation to the sponsor for a portion of the direct costs associated with new,
additional, or revised security requirements imposed on the airport operator by the
Administrator on or after September 11, 2001" as more particularly described in the Project
Application, and protected as sensitive security information under 49 CFR Part 1520.
NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable
provisions of Public Law 107-117, providing funds for "grants-in-aid for airports" for
reimbursement to airports of direct costs associated with additional or revised security
requirements, herein called "the Act", and in consideration of (a) the Sponsor's acceptance of
this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and compliance with the terms and conditions
as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the Project, 100 per centum thereof.
This Offer is made on and subject to the following terms and conditions:
Conditions
1.
The maximum obligation of the United States payable under this Offer shall be
$50,750.
The allowable costs of the project shall not include any costs determined by the FAA
to be ineligible for consideration as to allowability under the Act.
Payment of the United States' share of the allowable project costs will be made
pursuant to and in accordance with the provisions of such regulations and
procedures as the FAA shall prescribe. Final determination of the United States'
share will be based upon the final audit of the total amount of allowable project costs
and settlement will be made for any upward or downward adjustments to the Federal
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2.
3.
4.
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share of costs. ,
The Sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as th'e FAA
shall prescribe, and agrees to comply with the terms and conditions which are made
part of this grant offer.
The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
This offer shall expire and the United States shall not be obligated to pay any part of
the costs of the project unless this offer has been accepted by the Sponsor on or
before May 1, 2002, or such subsequent date as may be prescribed in. writing by the
FAA, ,
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5.
6.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal
funds spent fraudulently, wastefully, or in violation 6f Federal antitrust statutes, or
misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or dispersed by the Sponsor that were originally paid pursuant
to this or any other Federal grant agreement. It shall obtain the approval of the FAA
as to any determination of the amount of the Federal share of such funds. It shall
return the recovered Federal share, including funds recovered by settlement, order,
or judgment, to the FAA. It shall furnish to the FAA, 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 shall be approved in advance by the FAA.
8. The United States shall not be responsible or liable for damage to property or injury
to persons that may arise from, or be incident to, compliance with this grant
agreement.
9. It is hereby understood and agreed that:
a. The Sponsor 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 project including but not limited to the following:
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Order 11246 - Equal Employment OpportunitY1
Executive Order 12898 - Environmental Justice
49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
49 CFR Part 20 - New restrictions on lobbying.
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.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial assistance.1
49 CFR Part 29 - Government wide debarment and suspension (nonprocurement)
and government wide requirements for drug-free workplace(grants).
OMS Circular A-87 - Cost Principles Applicable to Grants and Contracts with State
And Local Governments.
OMS Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizations
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b. The Sponsor assures that It has legal authority to apply for the 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 authoriz!ng' the
filing of the application, including all understandings, terms and conditions 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. .
c. The Sponsor agrees 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 and
conditions in the grant agreement without the written approval of the FAA, and will act
promptly to acquire, extinguish or modify any outstanding rights or claims of right of
others which would interfere with such performance by the sponsor. This shall be done in
a manner acceptable to the FAA. ,
d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds, of the grant, the total cost of the
project in connection with which the grant is given or used, 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.
e. The Sponsor agrees it shall make available to the FAA and the Comptroller General of
the United States, or any of their duly authonzed representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that are
pertinent to the grant. The FAA 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 the 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.
The Sponsor agrees it will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap
be excluded from participating in any activity conducted with or benefiting from funds
received from this grant. This assurance obligates the sponsor for the penod during
which Federal financial assistance is extended to the program.
g. The Sponsor agrees that none of the costs reimbursed from this agreement can be
included in any rates charged to users of the airport and in the event that such costs have
been included in rates charged by the airport to users, such rates shall be adjusted to
reflect this reimbursement. If rates have been collected, such funds will be refunded to
the users of the airport in the same amount as collected.
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f.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application incorporated herein shall be evidenced by execution of this instrument by the
Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Act, constituting the contractual obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and
compliance with the terms and conditions as provided herein. Such Grant Agreement shall
become effective upon the Sponsor'~ acceptance of this Offer.
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all terms and conditions, statements,
representations, warranties, covenants, and agreements contained in the Project Application
and incorporated materials referred to in the foregoing Offer and does hereby accept this
Offer and by such acceptance agrees to comply with all of the terms and conditions in this
Offer and in the Project Application.
Executed this day of , 2
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(Name of Sponsor)
(SEAL)
By
(Sponsor's Designated
Representative)
Official
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , 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 _ Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor and Sponsor's official representative has
been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that
the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at this _ day of _, 2_.
By
Signature of Sponsor's Attorney
Title
PROTECTED AS SENSITIVE SECURITY INFORMATION
UNDER 49 CFR PART1520
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U.S. Department
of Transportation
Federal Aviation
Administration
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ORLANDO AIRPORTS DISTRICT OFFICE
5950 Hazeltine National Dr., Suite 400
Orlando, Florida 32822-5024
Phone: (407) 812-6331 Fax: (407) 812-6978
April 5, 2002
Mr. Peter Horton
Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040
Dear Mr. Horton:
RE: Key West International Airport
Key West. Florida
AlP Number 3-12-0037-016-2002
Grant Offer
We are enclosing the original and two copies of a Grant Offer for Project No. for Key West International Airport,
in response to your Application for Federal Assistance dated January 17, 2002. Your acceptance of this Offer
will constitute a Grant Agreement by which the government will participate in the allowable costs of the project
amounting to $50,750 (Federal share) for Project Application Work Item, Security Enhancements.
Please review Special Conditions one through nine contained in the Grant Offer, and if you have any questions
we will be glad to discuss them with you.
Once the authorized official has executed the Agreement and the official's signature has been notarized and
sealed/stamped, the attorney for the Monroe County Board of County Commissioners must certify that the
Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part
of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor.
If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than
May 1, 2002. To assist us in administrative reporting requirements you are requested to notify this office by
faxing the signature page of the grant or by telephoning us immediately upon executing the grant. The original
and one copy of the grant needs to be returned to this office, The remaining copy is for your file. After you
expend the money for work included in this grant, please drawdown immediately and notify this office with a
signed certification listing the work item and the amount and date of expenditure and drawdown to enable the
Federal Aviation Administration to close the project. - _
Sincerely,
!e~t~)Ly-
Manager
3 Enclosures
cc:
Andrea Chao-Garcia, FDOT!6
OMB Schedule Item Number 16
Resolution No.
- 2002
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase
items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2002, now
therefore,
BE ITRESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2002 be and the same
is hereby increased by the amount hereinafter set forth:
Fund #125- Governmental Fund Type Grants
Cost Center # 04573- Upper Keys Pool- DEP
Project #GK0202- Upper Keys Pool- DEP
Activity #5720- Parks and Recreation
Ofcl/Div #1000- BOCC
Revenue:
125-04573-334790CR-GK0202
State Grants- Culture & Recreation
$200,000.00
Total Revenue
$200,000,00
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Appropriations:
125-5720-04573-560630-GK0202-560630 Capital Outlay- Infrastructure
$200,000.00
Total Appropriations:
$200,000,00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 17th day of April AD 2002.
Mayor McCoy
Mayor Pro Tern Spehar
Commissioner Nelson
Commissioner Neugent
Commissioner Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 16 04/03/2002 Page 1