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Item C28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 7/15/09 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES - Add On DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 809-5200 AGENDA ITEM WORDING: Approval of Federal Aviation Administration grant for Terminal Construction Bond Repayment (Principal Only), in the amount of $1,477,770.00, for the Key West International Airport Terminal Project.. ITEM BACKGROUND: As noted in attached letter, this grant must be fully executed and returned to FAA by August 1, 2009. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: None INDIRECT COST: n/a BUDGETED: Yes COST TO AIRPORT: None SOURCE OF FUNDS: FAA, PFC COST TO PFC: - 5% COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney pending OMB/Purchasing pending Risk Management pending DOCUMENTATION: InCluded X Not Required AGENDA ITEM # DISPOSITION: /bev AO 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS - CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration Effective Date: Execution Expiration Date: Open Contract Purpose/Description: Terminal Construction Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department! Stop) for BOCC meeting on: 7/15/09 Agenda Deadline: 6/30109 CONTRACT COSTS Total Dollar Value of Contract: $1,477,770.00 Current Year Portion: entire Budgeted? nla Account Codes: Pending Resolution Grant: FAA County Match: PFC Revenue ADDITIONAL COSTS Estimated Ongoing Costs: n1a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) -- CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director _1_1- ( ) ( ) _1_/- Peter Horton Risk Management _1_1- ( ) ( ) _1_1- for Risk Management O.M.B.lPurchasing -1-1- ( ) ( ) -1-1- for OMB County Attorney _1_1- ( ) ( ) _1_1- County Attorney Comments: ~ GRANT AGREEMENT u. S. Department of Transportation FederBI Aviation Admini,trBtion Date of Offe r: July 2, 2009 Project Number: 3-12-0037.048-2009 Recipient: Monroe County Board of County Commissioners (Herein called Sponsor) Airport: Key West International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety.five percent (95%) of the allowable costs incurred in accomplishing the project consisting of the following: "T erminal Construction Bond Repayment (Principal Only) " as more particularly described in the Project Application dated June 5, 2009, The maximum obligation of the United States payable under this Offer shall be $1.477,770 for airport development. This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager, Airports District Office SPECIAL CONDITION (see Attachment A) ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants" dated March 29, 2005. Executed this day of ,20 - (Seal) Name of Sponsor Attest Signature of Sponsor's Designated Official Representative Title Title CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as A ttomey 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 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 applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. 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. PROJECT NO.: 3-12.0037-040-2009 DATE OF GRANT OFFER: July 2, 2009 ATTACHMENT A: SPECIAL CONDITION It is mutually agreed that payments due from the United States under the terms of this grant agreement will be limited to not more than fifty percent {50%1 of the maximum obligation cited on page 2 of this document until the sponsor has cleared and protected the approach lones. transitional lones and primary surface of Runway on airport property in accordance with the provisions of paragraph 20. sponsors assurances of the application for federal assistance which has been made a part of this grant agreement. 0 Orlando Airports District Office U.S, Department 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 of Transportation Federal Aviation Phone: (407) 812-6331 Administration Fax: (407) 812-6978 July 2, 2009 Mr. Peter Horton Director of Airports County of Monroe 3491 S. Roosevelt Blvd. Key West FL 33040 Dear Mr. Horton: RE: Key West International Airport AlP 3-12-0037-040-2009 FOOT PFLs 0002388 & 6004 Grant Offer We are enclosing the original and one copy of a Grant Offer for AlP Project No. 3-12-0037-040-2009 for Key West International Airport, in response to your Application for Federal Assistance dated June 5, 2009. 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 $1,477,770 (Federal share). Please review the Special Condition 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 August 1, 2009. 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 grant needs to be returned to this office. The remaining copy is for your file. Please allow aooroximatelv 30 days after returning final executed arant to this office before attemotina any drawdowns from the letter-of-credit account. Sincerely, W. Dean Stringer Manager 2 Enclosures cc: Dionne Henry, FDOT/6