Resolution 441-1990
Con~unity Services Division
RESOLUTION NO.
441
-1990
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO ACCEPT A GRANT
AGREEMENT WITH THE DEPARTMENT OF
TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, CONCERNING PROJECT
NO. 3-12-0044-08 FOR THE MARATHON
AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That said Board has been notified of the availability
of pass-through federal funds from the Department of
Transportation, Federal Aviation Administration.
2. That the Marathon Airport has received
preliminary approval for the submission of a grant agreement
to develop plans and specifications for phase I terminal
building construction, entrance road, terminal apron expansion
and wastewater treatment plant; and develop drainage management
plan for stormwater runoff.
3. That said Board hereby directs the execution of this
agreement by the proper County Authorities.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this ".1f',tA- day of ~.;....,~, 1990, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CpUNTY, FLORIDA
By ok~1' .~
Mayor!Chalrma
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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Page 1 of 6 Pages
DEPARTMENT OF TRANSPORTATION
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FEDERAL AVIATION ADMINISTRATION
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GRANT AGREEMENT
Part 1 - Offer
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Date of Offer
SE" 1 1 1910
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Marathon Airport
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Project No. 3-12-0044-08
Contract No. DTFA 06-90-A-80161
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TO: Monroe County Board of County Commissioners
(herein called the "Sponsor")
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FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
)
WHEREAS, the Sponsor has submi tted to the FAA a Project Application
dated August 15, 1990, for a grant of Federal funds for a project
at or associated with the Marathon Airport, which Project
Application, as approved by the FAA, is hereby incorporated herein
and made a part hereof; and
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WHEREAS, the FAA has approved a project for the Marathon Airport
(herein called the "Project") consisting of the following:
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DEVELOP PLANS AND SPECIFICATIONS FOR PHASE I TERMINAL BUILDING
CONSTRUCTION, ENTRANCE ROAD, TERMINAL APRON EXPANSION AND
WAS~EWATER TREATMENT PLANT; AND DEVELOP DRAINAGE MANAGEMENT
PLAN FOR STORMWATER RUNOFF.
all as more particularly described in the Project Application.
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Page 2 of 6 Pages
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NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capaci ty Expansion Act
of 1987 herein called the "Act," and/or the Aviation Safety and
Noise Abatement Act of 1979, and in consideration of (a) the
Sponsor I s adoption and ra ti fication of the representations and
assurances contained in said Project Application and its acceptance
of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment
of the Project and compliance with the assurances and conditions
as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND
ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay,
as the Uni ted States share of the allowable costs incurred in
accomplishing the Project, seventy-five percent (75%) for the
terminal building and wastewater treatment plant and ninety percent
(90%) for other items.
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This Offer is made on and subject to the following terms and
condi tions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $ 735,000. For the purpose of any future grant
amendments which may increase the foregoing maximum obliga tion
of the United States under the provisions of Section 512(b)
of the Act, the following amounts are being specified for this
purpose:
$ 101,000
$ 634,000
for planning
for airport development or
noise program implementation
2. 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.
3. Payment of the United States share of the allowable project
costs will be made pursuant to and in accordance wi th the
provisions of such regulations and procedures as the Secretary
shall prescribe. Final determination of the united States
share will be based upon the final audit of the total amount
of allowable project costs and settlement will be made for any
upward or downward adjustments to the Federal share of the
costs.
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Page 3 of 6 Pages
4.
The sponsor shall carry out and complete the Project without
undue delay and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe,
and agrees to comply with the assurances which were made
part of the project application.
5.
The FAA reserves the right to amend or withdraw this offer at
any time prior to its acceptance by the sponsor.
6.
This offer shall expire and the United States 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 September 27,
1990, or such subsequent date as may be prescribed in writing
by the FAA.
7.
The sponsor shall 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 in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "federal funds" means funds however used
or disbursed by the sponsor that were originally paid pursuant
to this or any other Federal grant agreement. It shall obtain
the approval of the Secretary as to any determination of the
amount of the Federal share of such funds. It shall return
the recovered Federal share, including funds recovered by
settlement, order or judgement, to the Secretary. It shall
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 shall
be approved in advance by the Secretary.
The Uni ted States shall not be responsible or liable for
damage to property or injury to persons which may arise from,
or be incident to, compliance with this grant agreement.
9. It is mutually understood and agreed that if, during the life
of the proj ect, the FAA determines that the grant amount
exceeds the expected needs of the sponsor by $5,000 or five
(5%) percent, whi~hever is greater, the grant amount can be
unilaterally reduced by letter from FAA advising of the budget
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Page 4 of 6 Pages
change. Conversely, if there is an overrun in the eligible project
costs, FAA may increase the grant to cover the percent limitation
and wi 11 advise the sponsor by letter of the increase. Upon
issuance of either of the aforementioned letters, the maximum
obligation of the united States is adjusted to the amount
specified.
Special Conditions
10. Under the provisions set forth in Paragraph 3, Page 2, hereof,
the letter of credit method of payment is hereby authorized
for this project subject to the following terms and
conditions:
It is understood and agreed that the Sponsor commits itself
to:
(1) The practice of ini tia ting cash drawdowns only when
needed for its disbursements and in an amount
approximately equal to the Federal share of such
disbursements; and
(2) The timely reporting of cash disbursements and balances
as required by the Federal Aviation Administration.
Failure to adhere to these commi tments shall be cause for
revocation of the letter of credit.
11. It is mutually understood and agreed that eligible project
costs for developing plans and specifications for the
wastewater treatment plant, and the terminal building will be
prorated based on the percentage of each item which is
determined to be necessary for non-revenue producing public-
use areas eligible under the Airport Improvement Program
guidelines.
The Sponsor's acceptance of this Offer and ratification and
adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall comprise
a Grant Agreement, as provided by the Act, constituting the
contractual obligations and rights of the United States and the
Sponsor with respect to the accomplishment of the project and
compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
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Page 5 of 6 Pages
By
AMERICA
INISTRATION
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 terms
and conditions in the Project Application.
Executed this
24th
day of
September
, 19~
MJNROE CDUN1Y BOARD OF CDUN'IY COM\1lSS lONERS
By
(SEAL)
Mayor/Chairman
Title
Attest:
Title:
Afl...-wD All,.""
ANDlMIAL StAlr~:
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Page 6 of 6
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/~<', \ ': j ~ERrI: CA~~ OF SPONSOR I S ATTORNEY
I, , , acting as At torney for
the Sponsor do h~reby certify:
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That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Florida.
Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor relating thereto, and find that the
acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with
the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full
performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of
the Sponsor in accordance with the terms thereof.
Dated at Key West, FL
this
25th
raaYIf September
(OJ L--//
(Signature of Sponsor's Attorney)
, 19 90
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