Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Department: Airports
Bulk Item: Yes X No Staff Contact Person: Don DeGraw/Pedro Mercado
Phone# 809-5200
AGENDA ITEM WORDING: Ratification and approval of Federal Aviation Administration Alp Grant
Aareement #3-12-0044-033�2015 providing funding for Miscellaneous Planning Studies at The Florida
CtD rn
Keys Marathon Airport.
ITEM BACKGROUND: The FAA required that the grant agreement be executed no later than August
31, 2015. Since there was no BOCC meeting in August, ratification of the execution of the agreement
prior to BOCC approval is required. The Project will be funded 90'Yc? by FAA, 5% FDOT and 5% local
match.
7J [11113. .14 D1 0 XT1,1101 0 I'll
CONTRACT/AGREEMENT CHANGES: New Grant.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $260,497.00 BUDGETED: Yes FY16 No
COST TO COUNTY: $13,025.00 SOURCE OF FUNDS: FAA/FDOT/AiLport Operating
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH:
APPROVED BY: County Atty. OMB/Purchasing Q6 Risk Management
DOCUMENTATION: Included . X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
•
In
Contract #
Contract with: Federal Aviation Administration Effective Date: Execution
(FAA) Expiration Date: Open
Contract Purpose/Description: Miscellaneous Planning Studies at the Florida Keys Marathon Airport.
Contract Manager: Donald DeGraw # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: 09/16/2015 Agenda Deadline: 09/01/2015
Total Dollar Value of Contract: $260,497.00
Budgeted? FY16
Grant: Yes - FAA 90%, FDOT 5%
County Match: Operating 5%
Estimated Ongoing Costs:
(not included in dollar value above
Date In
Airports Director
Risk Management
O.M.B./Purchasing
County Attorney
11,Lqlj 5
Comments:
utilities, janitorial, salaries, etc.)
Reviewer Date Out
Current Year Portion: 0
Account Codes: pending set up for grant #0044-33
ADDITIONAL COSTS
CONTRACT REVIEW
Changes
Needed
Yes No
tM IWAMIJOKA W-A Mllftg:�Xlll 501
a COPY
I-tP I . mik WiTC11 a 4 a ITA I I ki 111
PART I — OFFER
August 3, 2015
- — ---------- -- ............ . ....... ... .........
DUNS Number 155639,339 -
TO: Monroe Countv Board of Countv Commissioners
x
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the
"FAA")
7-AN-M,
WHEREAS, the FAA has approved a project for The Florida Keys Marathon Airport (herein called tl-'i
"Project") consisting of the following:
0
NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as
2mended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of
1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is
W169ii ;--s "t�p 4&1. t�p rpnrpsp-ttatia-ts co-itai-tipci 4 t�p Proipct Aojo&-Atia-t. a -id ht coiside ratio ii o-1
kd) Ult -)PU[1!,U1 5 dUUPLIOri anu r I ASSTrances ciaTeu
2cceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the
?ccomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided,
11 11 W, _13
as the United States share of the Project.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
oftheUnitedStabesundertheprovisionsof49U.SZ6471Q8(b),thefo||ovvingamoountsanebeing
specified for this purpose:
$234,447for planning
$Ofor airport development nrnoise program implementation
$Ofor land acquisition.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment, whichever is later. This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
anotner award term. N-dWiTi—on—Min-rormation aBout registration proceal if
website (currently at http://www.sam.gov).
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or
other entity that enters into an agreement with the Sponsor to provide services or other work to
further this project, and is accountable to the Sponsor for the use of the Federal funds provided by
the agreement, which may be provided through any legal agreement, including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided it2
DUNS number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine -digit number established and I
assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS numb
may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at
http:/Ifedgov.dnb.com/webform). I
10. Electronic Grant Paymente. Unless otherwise directed by the FAA, the Sponsor must make each payment
request under this agreement electronically via the Delphi eInvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or
five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States, the
FAA can issue a letter to the Sponsor amending the grant description.
� I - ment, IffFrAA Ras cnangeu Yne grant amount or grant Description to
the amount or description in the letter.
12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. if the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Nonprimary Airports. In accordance with 49 U.S.C. § 47108(b), as
amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
C. May be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is
greater, based on current credible appraisals or a court award in a condemnation proceeding.
P
16. Audits for • Sponsors. The Sponsor must provide • a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The
Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or clebar-0
contractor, person, • entity. I
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged •
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
I
�-I 1141216101 &0!111411 Lowl sit] a 0 0 --------
1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is
in effect;
maim
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements
under the agreement.
�1 it] ir I t4 r, I IJ'FAe4 9 1-11
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is
either:
a. Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by the FAA at 49 CFR Part 29.
20. Exhibit "A" Property Map. The Exhibit "A" Property Map dated 07/19/2009, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
1H
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
�ct, consl
tuting 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.
UNITED STATES OF AMERICA
FEDERAL WA TION ADMINISTRATION
I re)
Juan C. Brown
(Typed Name)
61
PART 11 - 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
. "acceit this Offer and bi such acceptance a with all of
211
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this 7th day of August 2015
Monroe County Board of County Commissioners
Name of Spans r)
(Signature of S nsor's Designated 0 icial Representative)
By: Danny L. Kolhage
(Typed Name of Sponsor's Designated Official Representative)
Title: Mayor/Chairman
(Title of Sponsor's Designated Official Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor do hereby certify:
I hat in my opinion the Sponsor is empowerea to enter into Tne TOr Iten-L-117WriMe-MIS
of the State of (--- -,I I 0A . 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
tX?ttXes?iVQr?AtAgreeme,-kL �,i
the terms thereof.
Dated atkfi4 1^JefJ(location) this
day of
By
(Signature
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. I
N.
Lzmaj=
b. 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 terr-r
"sponsor" includes both public agency sponsors and private sponsors.
c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this grant agreement.
1. Airport development or Noise Compatibility Program Projects • • Public Agen
Sponsor. I
i Re feTrns, EUMUMUM—M assTrances
throughout the useful life of the facilities developed or equipment acquired for an airport
Vlevelium,tip-tt or voise co-tinatibilitv oroeran *roiect. or tlltroue�out tllie useful life of the oro'ect
I MiMMIRI al- a Mill I I ULTZIR to MIR I RoN.T.M911-11 ArIHM411141r.1111 0 at"AIDIRT,
wenty Zt) years trom Me date ot acceptance OT a grant urter or Feaeral TU
project. However, there shall be no limit • 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
' 1111111
ilk
The preceding paragraph I 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.
ONWITMITIM, ITITIMTEM-171IM11. ITT11-WIT-T-TITT-W
Unless • specified in this grant agreement, • Assurances 1, 2, 3, 5, 6, 13, 18, 25, 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; there shall be
• limit • the duration • the assurances regarding Exclusive Rights and Airport Revenue so •
as the airport is used as an airport.
11111 !IOR!l UI !, �l!! �glllllil l��
1. General Federal Requirements.
7
Vkaff4�%U-2 E-&%SV_W of Federal funds for this
project including but not limited to the following:
IEKMU��
a. Title 49, U.S.C., subtitle V11, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), el seg.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se
d. Hatch Act — 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42
U.S.C. 4601, etL -sec. 12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, elseg
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
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101,
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.'
Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et e .1
s
t. Copeland Anti -kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
y. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-
282, as amended by section 6202 of Pub. L. 110-252).
M.
a. Executive Order 11246-Equal Employment Opportunity'
b. Executive Order 11Q9O-Protection ofWetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 Seismic Safety ofFederal and Federally Assisted New Building
Construction'
f. Executive Order 12Q98-Environmental Justice
a. 2 CFRPart 18D OMB Guidelines toAgencies onGovennnnentuvideDebarment and Suspension
(0onprocunemnemt).
b. ZCFR Part 2OO,Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circu|arA-87 Cost Principles Applicable tm Grants and
Contracts with State and Local Governments, and OMB Circular A-133-Audits ofStates, Local
�5,«
Governments, and Non -Profit Organizations] .
c. 2 CFR Part 12OO—NonpnocunemnentSuspension and Debarment
d. 14CFRPart 1]-Investigative and Enforcement Pnmcedunes14[FRPart 16-Rules ofPractice
For Federally Assisted Airport Enforcement Proceedings.
e. 14[FRPart 15O-Airport noise compatibility planning.
f. 28 CFR Part35- Discrimination on the Basis ofDisability in State and Local Government
Services.
g. Z8CFR85O.3-U.S.Department ofJustice Guidelines for Enforcement ofTitle V|ofthe Civil
Rights Act of1Q64.
h. 29CFRPart 1-Procedures for predetermination ofwage nates.z
i 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in
whole orpart byloans orgrants from the United States.z
j. 29[FRPart 5-Labor standards provisions applicable to contracts covering federally financed
and assisted construction (also labor standards provisions applicable to non -construction
contracts subject tothe Contract Work Hours and Safety Standards Act).z
k. 42[FRPart 6D-Office ofFederal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).'
|. 49CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements
tostate and local Qovernnnents.s
m. 49 CFRPart 2O New restrictions onlobbying.
n. 49CFR Part 21 — Nondiscrimination in federally -assisted programs of the Department of
Transportation effectuation ofTitle V|ofthe Civil Rights Act of1964.
o. 49CFR Part 23-Participation byDisadvantage Business Enterprise inAirport Concessions.
p. 49[FRPart 34—Uniform Relocation Assistance and Real Property Acquisition for Federal and
F-11
c 49[FRPart 27—Nondiscrimination onthe Basis ofHandicap inPrograms and Activities
Receiving orBenefiting from Federal Financial Assistance. z
c 49 CFRPart 28—Enforcement ofNondiscrimination onthe Basis ofHandicap inPrograms or
Activities conducted bvthe Department ofTransportation.
t. 49 CFRPart 3O-Denial ofpublic works contracts tosuppliers ofgoods and services of
countries that deny procurement market access toU.5.contractors.
u. 49CFRPart 32—Governmnentxvide Requirements for Drug -Free Workplace (Financial
Assistance)
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
xv. 49 CFR Part41 Seismic safety ofFederal and federally assisted or regulated new building
construction.
SPECIFIc AssURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations
or circulars are incorporated by reference in this grant agreement.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code.
On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215
or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR
part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single
Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which
affect administration of Federal awards issued by Federal agencies become effective once
implemented by Federal agencies or when any future amendment to this Part becomes final.
Federal agencies, including the Department of Transportation, must implement the policies and
procedures applicable to Federal awards by promulgating a regulation to be effective by
December 26, 2014 unless different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining
the eligibility of specific types of expenses.
Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
Rue
[Iwo AV
identified as the • representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
19119017-9=4��
1 65 - I I — TE13P
• comply with all terms, conditions, and assurances • this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items
funded under this grant agreement which it will own or •
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area • the airport • site thereof, • will give assurance satisfactory to the
Secretary that •••+ title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,
holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will
obtained. I
5. Preserving Rights and Powers.
agreement without the written approval of the Secretary, and will act promptly to acquire,
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which Federal funds have been expended,
for the duration of the terms, conditions, and assurances in this grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title
49, United States Code, to assume the obligations of this grant agreement and to have the
power, authority, and financial resources to carry out all such obligations, the sponsor shall
insert in the contract • document transferring or disposing • the sponsor's interest, and
make binding upon the transferee all of the terms, conditions, and assurances contained in
this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government. Except as otherwise specified
by the Secretary, that agreement shall obligate that government to the same terms,
conditions, and assurances that would be applicable to it if it applied directly to the FAA for a
grant to undertake the noise compatibility program project. That agreement and changes
11
agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it
enter into an agreement with the owner of that property which includes provisions specifie
• the Secretary. It will take steps to enforce this agreement against the property •
whenever there is substantial non-compliance with the terms • the agreement. I
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure thal
the airport will continue to function as a public -use airport in accordance with these
assurances for the duration of these assurances.
IT an arrangement is Macil-Tor Mana-gelilerif-Mia opera ne airport s4M-77�7�=
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained ir
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also •
compliance therewith.
g. Sponsors • commercial service airports will not permit • enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. SponsorT
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
plan for the development of the area surrounding the airport.
Tim M-1
'ocated.
In making a decision to undertake any airport development project under Title 49, United States
C*4e, it �-2s u:uVejtAex re-2s;tt?Wle c#AsuItWixs witk. 2�Vecte,1 X?Xies usixg tM 2irp#x ?t wXia.
project is proposed.
MMKZ.= �
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, •; such projects, it has • its management board either voting representation from the
to petition the Secretary concerning a proposed project.
M
IMa ^ I
of the proposed amendment to the airport layout plan to depict the project and a copy of any
airport master plan in which the project is described or depicted.
rIFIrITZ-TITITIM
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has.- o
certification of such airport under section 44706 of Title 49, United States Code, and all the
security equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft
other than air carrier aircrat.
It shall keep all project accounts and records which fully disclose the amount and dispositi
by the recipient of the proceeds of this grant, the total cost of the project in connection
project supplied by other sources, and such other financial records pertinent to the projec
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.
I . It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this grant. The
Secretary 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 this 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.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this
grant agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40
U.S.C. 276a-276a-5�� which contractors sh--.11
rates shall be stated in the invitation for bids and shall be included in proposals or bids for the
wor�.
15. Veteran's Preference.
"fl
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title
A,% United States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout
be in accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in tht-
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
C. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
Itwill make such material available for examination bxthe public, and agrees that nomaterial
prepared with funds under this project shall besubject tocopyright inthe United States or
any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
fisapprove the proposed scope and cost of professional services.
or any part of the project.
It understands and agrees that the Secretary's approval ofthis project grant orthe Secretary's
approval ofany planning material developed aspart ofthis grant does not constitute orimply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for aFederal airport grant.
M,
FWL 1, �Xmz
other than facilities owned or controlled by the United States, shall be operated at all times i
a safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencies for maintenance and
oy,eration. It will not cause or yermit ano activitW or action thereon which would interfere wi
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect
arrangements for- I
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conclitio
interfere with such operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God o
other condition or circumstance beyond the control of the sponsor. I
b. It will suitably operate and maintain noise compatibility program items that it owns or contrc:
upon which Federal funds have been expended.
20. • • and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, tc
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its compatibility, with
respect to the airport, of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and withoul
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities • services to the •.! at the airport.
b. In any agreement, • lease, • other arrangement under which a right •' privilege at
the airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insei
and enforce provisions requiring the contractor to-
W
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
3) charge reasonable, and not unjustly discrhnina1ory,pricesforeachunhorsemice,
provided that the contractor may beallowed tomake reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
a.)Each fixed -based operator atthe airport shall be subject tothe same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed -based
operators making the same orsimilar uses ofsuch airport and utilizing the same or
similar facilities.
b.\Each air carrier using such airport shall have the righttoservicehse|for1ouseany
fixed -based operator that isauthorized orpermitted bythe airport toserve any air
carrier atsuch airport.
c.) Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of
another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and other
charges with respect tofacilities directly and substantially related to providing air
transportation as are applicable to all such air carriers which make similar use of such
airport and utilize similar facilities, subject to reasonable classifications such as
tenants or non -tenants and signatory carriers and non -signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by
any airport provided an air carrier assumes obligations substantially similar to those
already imposed on air carriers in such classification or status.
d.) It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that itmay choose tnperform.
e.\|nthe event the sponsor itself exercises any of the rights and privileges referred to in
this assurance, the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
f.\ The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions tobemet byall users ofthe airport asmay benecessary for the safe and
efficient operation ofthe airport.
g.) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of
the airport if such action is necessary for the safe operation of the airport or
necessary toserve the civil aviation needs ofthe public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services tothe public. For purposes ofthis paragraph, the providing of the
services atanairport byasingle fixed -based operator shall not be construed as an exclusive right if
both ofthe following apply:
a. |twould beunreasonably costly, burdensome, orimpractical for more than one fixed -based
operator toprovide such services, and
M.
WASIXIMAXAMINSMAMW
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. |tfurther agrees that itwill not, either directly orindirectly, grant
orpermit any person, firm, orcorporation, the exclusive right atthe airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and maintenance of
aircraft, sale ofaircraft parts, and any other activities which because of their direct
relationship to the operation of aircraft can be regarded as an aeronautical activity,and that
it will terminate any exclusive right to conduct an aeronautical activity now existing at such
an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
25.Airport Revenues.
ON IMINIT111
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the
airport. The following exceptions apply to this paragraph:
1) if covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than
land acquisition on or after October 1, 1996, plus an amount equal to the federal share of
the current fair market value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
17
0 AT AW N
direct that the audit will review, and the resulting audit report will provide an opinion
'o
concerning, the use of airport revenue and taxes in paragraph (a), and indicating
whether funds paid or transferred to the owner or operator are paid or transferred in
li I i i t
manner consistent with Title 49, United States Code and any other applicable provisio
of law, including any regulation promulgated by the Secretary or Administrator.
• =0
submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations a
other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable • I
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant
agreement including •''# leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request; and
to the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such •. was made; and
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
aircraft in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to
such use, for the cost of operating and maintaining the facilities used. Unless otherwise
determined by the Secretary, or otherwise agreed to by the sponsor and the using agency,
substantial use of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere
with use of the landing areas by other authorized aircraft, or during any calendar month that —
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the -
airport (the total movement of Government aircraft multiplied.
iu
�=OPAK411ZAKAWM92WADD
A:111090101IM111 lei
401PIVRITAMONVIL01 ON 0
'T i fSLJ�J_ULJ1#I t, t I' Mee
- , MFrCT_Cdf_LT#T1
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request from the
Secretary.
1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes
and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
all proposed and existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the
face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or any of its facilities which are not in conformity with the airport
layout plan as approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
a.) If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which is not in conformity with the
airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approved by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities except in the case
of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
11 !FIIIF[JfX Cd I
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and
21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by, or
pursuant to these assurances.
M
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
3> Facilities. Where itreceives agrant orother federal financial assistance toconstruct,
expand, renovate, remodel, alter oracquire afacility, nrpart ofafacility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the _o opt where the Federal finpricial a-uisgarime
is to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or
any transferee for the longer of the following periods:
1) So long as the airport is used as an airport, or for another purpose involving the provisior
of similar services or benefits; or
t Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 20OOd-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award."
1) It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination in Federally -assisted programs of the DOT
and incorporating the acts and regulations into the contracts by reference in every
contract or agreement subject to the no n-d iscrim i nation in Federally -assisted programs
the DOT acts and regulations.
2) It will include a list of the pertinent no n-d iscrim i nation authorities in every contract that
subject to the non-discrimination acts and regulations.
3) It will insert no n-d iscrim i nation contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis
race, color, national origin, creed, sex, age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
CmKk�' lkatt� X�MIJt-OT 2 tit Fit? Wx;
activity, project, or program; and
f. It will provide • such methods • administration for the •w:' as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
M
For land purchased •- a grant for w• noise compatibility purposes, • land
serving as a noise buffer, it will dispose • the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion • the proceeds •
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
• to the following, in descending order, (1) reinvestment in an approved •
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 4711
development project that is eligible for grant funding under Sections 47114, 47115, or 47117
of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport
to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land. Revenues derived from such
a lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
For land purchased under a grant for r!• development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds
of such dis osition which ii irooiiioiate to t�p U-tited Statps' s�arp of t�e cost of arnuisitio-M
U1 bIL11 ldf]U
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e)
of title 49 United States Code, (3) reinvestment in an approved airport development project
that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United
an approved noise compatibility project at that airport, and (5) paid to the Secretary for
deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may
be needed for • purposes (including runway protection zones) or serve as noise
NIP
imm"411MAMMOINOB161
buffer land, and (2) the revenue from interim uses of such land contributes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987, was
notified by the operator or owner of the uses of such land, did not object to such use, and the
land continues to be used for that purpose, such use having commenced no later than
Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of
planning studies, feasibility studies, architectural services, preliminary engineering, design,
i
engineering, surveying, mapping or related services with respect to the project in the same
cR.
M21-N-Mi 2�-2
Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based
requirement prescribed for or by the sponsor of the airport. I
• �-�Tmffwmnmn
It will not allow funds provided under this grant to be used to fund any project which uses any
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction. I
34. Policies, Standards, and Specifications.
, !I"* M4141 - # S. . or-MILROVIGSI&MMOD 0 -
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C and
fair and reasonable relocation payments and assistance to displaced persons as required in
Subpart D and E of 49 CFR Part 24.
1 11111 PI pill �111 I 1 111111 1111 1111c: 1111 111
The airport owner or operator will permit, to the maximum extent practicable, intercity buses ol
W hI* atio-i to fijM
"WOMM■
"'.Jr"tp wl�n
FN
3-12 0044-033 2015
performance of any concession activity contract covered by49CFRPart 23. |naddition, the
sponsor shall not discriminate on the basis of race, color, national origin or sex in the
administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26.The
sponsor shall take all necessary and reasonable steps under 49[FRParts 23 and 26toensure
nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as
approved by DOT, are incorporated by reference in this agreement. implementation of these
programs isa legal obligation and failure tocarry out its terms shall be treated as a violation ofthis
agreement. Upon notification to the sponsor of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of1936/31U.S.[.38O1\.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
If the airport owner or operator of a medium or large hub airport (as defined in section 47102
of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for
access to gates or other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner or operator shall
transmit areport tothe Secretary that-
1 ) Describes the requests;
2\ Provides an explanation as to why the requests could not be accommodated; and
3\ Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August I of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due
date.
23
f,
Current FAA Advisory Circulars Required for Use in AIP Funde
2nd PFC Approved Projects i
NUMBER
TITLE
70/7460-1K
Obstruction Marking and Lighting
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-6B
Airport Master Plans
Change 2
150/5070-7
The Airport System Planning Process
Change
150/5100-13B
Development of State Standards for Nonprimary Airports
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Airport Winter Safety And Operations
Change
150/5200-31C
Airport Emergency Plan
Changes 1-2
150/5210-51)
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue and Fire Fighting Communications
150/5210-13C
Airport Water Rescue Plans and Equipment
150/5210-14B
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A
Aircraft Rescue and Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
24
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014
TITLENUMBER
150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16D Automated Weather Observing Systems (AOS) for Non -Federal Applications
150/5220-17B I Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
1 1-18A Buildings for• .• • Maintenance of Airport • . • Ice Control
Equipment• Materials
1 1 + + •• •11711 Z11111117M193=
150/5220-21C I Aircraft Boarding Equipment
150/5220-22B i Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26 I Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B)
Change 1 I Out Squitter Equipment
150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of
Changes
I ! 11 • Airport DChange I
esi
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Control and Submission to the National Geodetic Survey
.21
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1-8 Pavement Surfaces
2
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014
NUMBER
TITLE
................. . .. . . . -----
150/5320-15A
Management of Airport Industrial Waste
------------------------------------ ------------------------
150/5235-413
—
Runway Length Requirements for Airport Design
------------------------------- - - . ...... ...... -1 .. . ............... ......... ---------------------------------
— ---------------------------------
150/5335-5C
............
Standardized Method of Reporting Airport Pavement Strength - PCN
. ...................... -----------------------------------
150/5340-IL
Standards for Airport Markings
150/5340-5D
- ------------------------------------------- __ . ...... -----------------------------------------
Segmented Circle Airport Marker System
— ----------------
150/5340-18F
Standards for Airport Sign Systems
. . ........ - --------------------------------------------
150/5340-26C
Maintenance of Airport Visual Aid Facilities
----------------------------------------
150/5340-30H
Design and Installation Details for Airport Visual Aids
--------------------------
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
.... .. . . ...........
150/5345-5B
Circuit Selector Switch
. . ..........
150/5345-7F
. .... . ...... _ --------------------------------------
Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
_ ---- — - ...... . .................................. ---------------------------------------------- -----
150/5345- 10H
. . --------------------------------------- . ............
I Specification for Constant Current Regulators and Regulator Monitors
. . ...... - .............................. _.- --------------------------------
150/5345-12F
-----------------------------------------
Specification for Airport and Heliport Beacons
. ..... .. .................
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
------------------------------------------
Airport Lighting Circuits
........... ........... ---------------------------------------------
150/5345-26D
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
1 50 /5345-27E
Specification for Wind Cone Assemblies
------------------------------------------------
150/5345-28G
------------------------ - — - —
___ ------------------------------------------------------------------------------ _ . ............... ...... ----------------------------------------------------
Precision Approach Path Indicator (PAP[) Systems
- --------------------------------------------------------------- --- " - ------ --------------------------------------------------------------
150/5345-39D
Specification for L-853, Runway and Taxiway Retro reflective Markers
. ................. ---------------------------------------------------------------------------------------------------------- . ........
150/5345-42G
Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and
Accessories
150/5345-43G
. . . ..............
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Specification for Obstruction Lighting Equipment
150/5345-44J
Specification for Runway and Taxiway Signs
150/5345-45C
Low -impact Resistant (LIR) Structures
— -- — -----------------------------------------
L-10/5345-46D
Specification for Runway and Taxiway Light Fixtures
26
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014
3 - 12 - 0 0 4 4 - 0 3 3 - 2 0 15
NUMBER
TITLE
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49C
Specification L-854, Radio Control Equipment
150/5345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51B
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884, Power and Control Unit for Land and Hold Short Lighting
Systems
150/5345-55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring System (ALCIVIS)
150/5360-12F
Airport Signing and Graphics
150/5360-13
Planning and Design Guidelines for Airport Terminal Facilities
Change
150/5360-14
Access to Airports By Individuals With Disabilities
150/5370-2F
Operational Safety on Airports During Construction
150/5370-I0G
Standards for Specifying Construction of Airports
150/5370-11B
Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-15B
Airside Applications for Artificial Turf
150/5370-16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17
Airside Use of Heated Pavement Systems
150/5380-713
Airport Pavement Management Program
150/5380-9
Guidelines and Procedures for Measuring Airfield Pavement Roughness
150/5390-2C
Heliport Design
150/5395-1A
Seaplane Bases
27
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
NZOPTUMIKKKIM
NUMBER
TITLE
150/5100-14E
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17
Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes I - 6
Assisted Projects
150/5300-913
Predesign,.Prebid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17A
Airfield Pavement Surface Evaluation and Rating (PS) Manuals
150/5370-6D
Construction Progress and Inspection Report— it ort Improvement Program
(AIP)
150/5370-12A
Quality Control of Construction for Airport Grant Projects
E:11
�_I
I MITI
Commissioners
(Sponsor)
Description of Work:
Update Miscellaneous Study
The Florida Keys Marathon
(Airport)
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within
Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are
required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the
regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Ad
of 1988.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for
this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor
from fully complying with all applicable statutory and administrative standards.
Yes
r-. A statement has been (will be) published notifying employees that
the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the sponsor's El
workplace, and specifying the actions to be taken against
employees for violation of such prohibition.
2. An ongoing drug -free awareness program has been (will be)
established to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug -free workplace,-
c. Any available drug counseling, rehabilitation, and employee
assistance programs; and
d. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
3. Each employee to be engaged in the performance of the work has
been (will be) given a copy of the statement required within item 1
above.
4. Employees have been (will be) notified in the statement required
by item I above that, as a condition employment under the grant,
the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
N1
In
101
Em
29
June 28, 2005
Yes No N/A
no later than five calendar days after such conviction.
5. The FAA will be notified in writing within ten calendar days after
receiving notice under item 4b above from an employee or
otherwise receiving actual notice of such conviction. Employers of
r_7
L--J
convicted employees must provide notice, including position title
of the employee, to the FAA. Notices shall include the project
number of each affected grant.
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
El
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 I through 6
FEI
above.
I have prepared documentation attached hereto with site(s) for performance of work (street address, city,
county, state, zip code). There are no such workplaces that are not identified in the attachment. I have
prepared additional documentation for any above items marked "no" and attached it hereto. I certify
that, for the project identified herein, responses to the forgoing items are accurate as marked and
2ttachments are correct and complete.
0 - 'P 0 . 01 til I I 11.1.1 M I W Am
. . . ................ . .....
�e of Sponsor) ,
W-
(Sien—Mure of Sp&nsor's Designated Official Representative)
Danny L. Kolhage
Mayor/Chairman
(Typed Title of Sponsor's Designated Official Representative)
t 7, 2015
(Date)