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Resolution 442-1990 Community Services Division RESOLUTION NO. 442 -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. 3-12-0037-06 FOR THE KEY WEST INT'L 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 Key West Int'l Airport has received preliminary approval for the submission of a grant agreement for the construction of a new 36" beacon and beacon tower; develop plans & specifications for new federal inspection services facility, terminal & customs area renovations & wastewater treatment facility; develop environmental assessment for runway extension & develop stormwater drainage management plan. 3. That said Board hereby directs the execution of this agreement by the proper County Authorities. ~ fP en ~ .. \JJ ~ (J) ....... 4 . >- ::x:;'"""'""" ..J0;z: o '::> ~c.:=o .00 ..J 'w >-~o ;z:..Jex: ;z:0;z: 4 0 o S o ex: o o uJ ex: 0:: o ~ o uJ ..J - ..... <::) (."oJ ~ e:- O- PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on thispf",Ji day of ..se,-t_J....,., 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF ~~~ FLORIDA By ~ Mayor/Chairmab (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~,&~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY~~ ~I ~ I .~ ;,} ~ 'j ,j .'~ ,~ :1 .~ .~ .:~ .<1 '~ ..~ " .~ "~ '~ ,~ .,~ .~ ~ -j" ...~ d ~ .~ Page 1 of 6 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer SEP 1 1 qqc Key West International Airport Project No. 3-12-0037-06 Contract No. DTFA 06-90-A-80162 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 August 15, 1990, 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 Key West International Airport (herein called the "Project") consisting of the following: CONSTRUCT NEW 36" BEACON & BEACON TOWER; DEVELOP PLANS & SPECIFICATION FOR NEW FEDERAL INSPECTION SERVICES FACILITY, TERNINAL & CUSTOMS AREA RENOVATIONS & WASTEWATER TREATMENT FACILITY; DEVELOP ENVIRONMENTAL ASSESSMENT FOR RUNWAY EXTENSION & DEVELOP STORMWATER DRAINAGE MANAGEMENT PLAN. all as more particularly described in the Project Application. ~; , f.~ ,. 1.~'''''''''''-~ Page 2 of 6 Pages ,- 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 considera tion of (a) the Sponsor's adoption and ra tifica tion 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 United States share of the allowable costs incurred in accomplishing the Project, ninety percent (90%) for the Drainage Management Plan, the Environmental Assessment, the Beacon and Beacon Tower and seventy-five percent (75%) for other items. I -, 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 $567,000. 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 5l2{b) of the Act, the following amounts are being specified for this purpose: $ 368,000 $ 199,000 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 with 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. .~ i ':V , .:I:~ ...' 1 J "~ '~.:.' fl .t.'t ./' , "~.. 7'.~ ,r.' ...., E~ il ,"iJ ...........I..."..'..'...~.......... C 'j"'" ~;. .';]" 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 li tiga tion 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. 8. The United 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 project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from FAA advising of the budget ':.. '\, ,,!, Page 4 of 6 Pages f. change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the percent limitation and will 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 ,:1, 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: ....~..\..~......... ,:~,f. '~ ~' , (1) The practice of initiating 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, the new Federal Inspection Station Facili ty, and the Terminal/Customs area renovation will be prorated based on the percentage of each i tern 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. ," , ;~-t' :}- Page 5 of 6 Pages '1 \-+ .~ Y'f. .~ ~ ,~ " ,., :1 ,~ ~ i:i::i ~ 1.:; . .~ ;~ j ~l :'~ ::~ )4 :_~ I .~ ,'~ j 'i ',,~ UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION 1 By Office 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 OJUNIY OOARD OF COlNfY CO~ISSIONERS By (SEAL) Title Mayor/Chairman Attest: Title: \~l. . ,~~ AJ ~II1fDM 7D,.. AND LEGAL StJF11C111tf:Y. "y ~"-\}L ~"'~'\~ Attorn .,. .. ,t , .'.... r.'''.......::........... ...:1:.'.: J , 1 ;i. t 'iJ ., . '. .~ ;it ~.'~ P,~ J .'1 ~i "J ':l ...~ 'i1 ;:I .~ .iJ! ,iI .~~ ~ ,I .~~ i ~ '...-:i '" I, the Sponsor fckR1FI~ATE OF " /-.-//// do hereby certify: Page 6 of 6 Pages SPONSOR'S ATTORNEY , acting as Attorney for 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 this Key West. FL 25th fi'. a Y,. of September 1/, !/ ./ j._/'.' '(.. ... I ,..___. ~ i..,_-.,I ~,~ (Signature of Sponsor's , 19 90 Attorney)