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044-2011 Construct Terminal Building 09/08/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 26, 2011 TO: Peter Horton, Director of Airports Attn: April Pearson • I , FROM: Isabel C. DeSantis D.C. ' At the October 19, 2011 Board of County Commissioners meeting, the Board approved the following: Item C 11 Ratification of the previously executed Federal Aviation Administration Grant #3-12-0037-044-2011 providing funding to "Construct Terminal Building" at the Key West International Airport. Item C12 Ratification of the previously executed Federal Aviation Administration Grant #3-12-0037-045-2011 providing funding to "Conduct Noise Compatibility Plan Study(Part 150 Noise Study)"at the Key West International Airport. Item C 13 Ratification of the previously executed Federal Aviation Administration Grant #3-12-0044-029-2011 providing funding to "Acquire Emergency Generator and Remove Obstructions (Runway 25 Protection Zone)"at The Florida Keys Marathon Airport. Enclosed are photo copies of the above-mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney, memo only Finance File Orlando Airports District Office U.S. Department 5950 Hazeltine National Dr., Suite 400 of Transportation Orlando, FL 32822 -5003 Federal Aviation Phone: (407) 812-6331 Administration Fax: (407) 812 -6978 September 6, 2011 Mr. Peter Horton Director of Airports 3491 S. Roosevelt Boulevard Key West, Florida 33040 Dear Mr. Horton: RE: Key West International Airport; Key West, FL AIP Number 3 -12- 0037 - 044 -2011 Grant Offer We are enclosing the original and one copy of a Grant Offer for AIP Project No. 3 -12- 0037 - 044 -2011 for Key West International Airport, in response to your Application for Federal Assistance dated June 23, 2011. 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 $1,998,474 (Federal share). 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 September 13, 2011. To assist us in administrative reporting requirements you are requested to notify this office by emailing a PDF of signature page of the grant immediately upon executing the grant. Only the original executed grant needs to be returned to this office. The remaining copy is for your file. Please allow approximately 30 days after returning final executed grant to this office before attempting any drawdowns from the letter -of- credit account. If a drawdown is necessary before this time, please contact the Orlando Airports District Office prior to initiating the draw. Sincerely (c) W. Dean Stringer Manager 2 Enclosures cc: w /enclosure (grant) Dionne Henry, FDOT /6 JEP - 7 2011 J . copyfia GRANTAGREEMENT U. S.Department of Transportation Federal Aviation Administration or -1 , Date of Offer: September 6,2011 - o r-ri (7) cj Project Number: 3-12-0037-044-2011 G �� Recipient: Monroe County Board of County Commissioners(Herein called Sponsor) Airport: Key West International �? ry n OFFER n 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: "Construct Terminal Building" as more particularly described in the Project Application dated June 23,2011. The maximum obligation of the United States payable under this Offer shall ber898,47414 airport development authorized under The Airport and Airway Extension Act of 2010, Part IV, and appropriated under the terms of The Continuing Appropriations and Surface Transportation Extensions Act, 2011. 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 sh I comprise a Grant Agreement, as provided by Title 49 of the United States Code,constituting the contractual obligati s and rights of th nited States and the Sponsor. UNITED STATES OF AMERICA ` FEDERAL AVIATION ADMINISTRATION anager irports District Office 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 Apcepting Airport Improvement Program Grants"dated March 22,2011. Executed this a*4, +. ,20 II MON ka U t•ST 1 (Seal) Name of Sponsor Attest Signature of S nsor's D signated Official Representative Title Title n CERTIFICATE OF SPONSOR'S ATTORNEY Pl t ( `� ,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 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 Agr ment constitutes a legal an binding oblig f the Sponsor in accordance with the terms thereof. I '�/1/ Signature of Sponsor' Date MONATTO f VEDu S TO FO EY PEDRO J. ME Y TTOR ASSIST. N EY /t( Date 0p "/ • U. S. Department • March 22, 2011 of Transportation • Federal Aviation Administration Terms and Conditions of Accepting Airport Improvement Program Grants This document was compiled from multiple government source documents. This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the Sponsor accepts a Grant Offer from the FAA that references this document. The FAA may unilaterally amend the terms and conditions by notification in writing, and such amendment will only apply to grants accepted after notification. DEFINITIONS A. Sponsor — An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project —Work as identified in this grant Agreement. C. Primary Airport—A commercial service airport the Secretary of Transportation determines to have more than 10,000 passengers boarding each year. D. "this grant" — In this document the term "this grant" refers to the applicable grant agreement or grant agreements that incorporate(s) these Terms and Conditions as part of the grant agreement. II. CERTIFICATIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AIP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100 -14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, anc disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the Sponsor's independent cost estimate. 4. If engineering or other services are to be performed by Sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant- assisted contracts have been (will be) included in consultant services contracts. 8. The cost - plus - percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. R Cnnncnm f`.,.ta:...a: _ s__ n__ -_ - _ __ . D. Sponsor Certification for Real Property Acquisition. General requirements on real property acquisition and relocation assistance are in Title 49, CFR, Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. The Sponsor's attorney or other official has (will have) good and sufficient title and title evidence on property in the project. 2. If defects and /or encumbrances exist in the title that adversely impact the Sponsor's intended use of property in the project, they have been (will be) extinguished, modified, or subordinated. 3. If property for airport development is (will be) leased, the following conditions have been (will be) met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit "A" property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. The right of flight; b. The right of ingress and egress to remove obstructions; and c The right to restrict the establishment of future obstructions. 7. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. 8. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. 9. A written offer to acquire each parcel was (will be) presented to the property owner for not less than the approved amount of just compensation. 10. Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. 11. If a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) initiated and a court deposit not less than the just compensation was (will be) made prior to possession of the property; and b. Supporting documents for awards were (will be) included in the project files. 12. If displacement of persons, businesses, farm operations, or non - profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90 -day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance. General requirements for final acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The Sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of this grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, construction inspection, and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer /construction inspector as follows: a. Work in progress b. Quality and quantity of materials delivered c. Test locations and results d. Instructions provided the contractor e. Weather conditions f. Equipment use g. Labor requirements 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. III GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under Title 49 U.S.C. B Payrnent 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 costs. C The Sponsor shall carry out and complete the Project(s) without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to unilaterally terminate this grant if the Sponsor does not make at least one draw down of funds under their Letter of Credit or submit at least one written Request for Reimbursement, as applicable, in each twelve month period after grant acceptance. E. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For engineering services, the Sponsor agrees to make payment only for work that has been satisfactorily completed and that ten percent (10 %) of the total value of the engineering services contract will not be paid to the Engineer until acceptable final project documentation is provided. F. The Sponsor agrees to submit final grant closeout documents to the FAA within 60 days after physical completion of the project(s), but no greater than four (4) years from the date of the grant, unless otherwise agreed to by the FAA. G. The FAA reserves the right to amend or withdraw this grant offer at any time prior to its acceptance by the Sponsor. H. This grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless this grant offer has been accepted by the Sponsor on or before 30 days after this grant offer but no later than September 30 of the federal fiscal year this grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. I. 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 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 judgment, 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. J. 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. K. If, during the life of the project, the FAA determines that this grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent (5 %), whichever is greater, this grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase this grant to cover the amount of the overrun not to exceed the statutory fifteen (15 %) percent limitation for primary airports or either by not more than fifteen percent (15 %) of the original grant amount or by an amount not to exceed twenty -five percent (25 %) of the total increase in allowable project costs attributable to the acquisition of and or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding for non - primary airports. FAA will advise the Sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in this grant agreement. Upon issuance of either of the aforementinnerl lettarc tha types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport Sponsor may use any form of record keeping it deems appropriate so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. P. Takeover of Instrument Landing System and Associated Equipment in Project. If this grant includes an instrument landing system and associated equipment and the FAA has agreed to takeover the system and equipment, the Sponsor must check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach, or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR part 77 determines that to be acceptable, and mark and light the runway, as appropriate. Q. Airport- Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or electronic navigational aid, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment and check the facility prior to its cormissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable, and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any sponsor- acquired equipment other than an AIP- funded instrument landing system and associated equipment where FAA agrees to take over the system and equipment. R. Non -AIP Work in Application. It is understood and agreed by and between the parties hereto that notwithstanding the fact that a Project Application may include therein the construction of work not included in this grant agreement project description, said work shall not be a part of this project and, if or to the extent accomplished by the Sponsor, such accomplishment shall be without any participation in the costs thereof by the United States under this project. It is further understood and agreed that, in the event the work which is excluded from the project is accomplished by the Sponsor, the Sponsor shall maintain as a portion of the cost records covering this project, separable cost records pertaining to the above - identified work excluded from Federal participation under this project, which records shall be made available for inspection and audit by the FAA to the end that the cost of the excluded work may be definitely determined. It is further understood and agreed that the Sponsor will submit a Program Statement/cost estimate depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation in this project. S. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that the United States shall not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities located on private right -of -way or utilities that exclusively serve the Airport. T Revenue from Real Property — Land in Project. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use be used only to fund projects which would be eligible for grants under the Act. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. U. Future Development Land. If this grant includes acquisition of land for future development, the Sponsor agrees to implement within five years of such grant the airport development that requires this land acquisition, unless the FAA agrees to a different duration. Furthermore, the Sponsor agrees not to dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land is not used within ten years for the purpose for which it was acquired, the Sponsor will refund the Federal Assurances Airport Sponsors March 2011 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 Title 49, U.S.C., subtitle VII, 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, 30, 32, 33, and 34 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. 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 project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.` e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90 -148, as amended. j. Coastal Zone Management Act, P.L. 93 -205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d throuah d-4.