Item C22BOARD 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
Agreement #3-12-0037-050-2 1 providing funding for Noise MitigationMeasures at The Key West
International 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% by FAA, 5 c FDOT and 5% local
match.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: New Grant.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $584,261.00 BUDGETED: Yes FY 16 No
COST TO COUNTY: $29,213.00 SOURCE OF FUNDS: FAA/FDOT/Airport Operating
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH:
APPROVED BY: County Att OMB/Purchasing M Risk Management
DOCUMENTATION: Inclu ed X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration Effective Date: Execution
(FAA) Expiration Date: Open
Contract Purpose/Description: Noise Mitigation Measures at the Key West International 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: $584,261.00
Budgeted? FY16
Grant: Yes - FAA 90%, FDOT 5%
County Match: Operating 5°f
Estimated Ongoing Costs:
(not included in dollar value above
Date In
Airports Director
Risk Management
O.M.B./Purchasing
2
County Attorney /y /
Comments:
Current Year Portion: 0
Account Codes: pending set up for grant #0037-50
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Needed
Yes No
O ( )
Reviewer
Date Out
F
/ /
Dqpal DeGraw
r isk Ma T
for
C v Attornev
U.S. Department
of Transportation
Federal Aviation
Administration
GRANTAGREEMENT
AlP Grant Number
DUNS Number
TO: Monroe Countv Board Of COL
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the
"FAA")
MOW 11511 Eli, !IiI
n9wo
11TA'i51I` ffFrX;17ffTT,9P p r OT RD-
"Project") consisting of the following:
acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided,
lie, 4 NJ M 101 11 yff a, 11I ill 1 1.14 � F, 2g,.l:tl]olkg4 4 -f�
MT 17 IzAllft!l- dLLU111P W11111r, L TGJM
Iti W901 WAN111
as the United States share • the Project.
KI
For the purposes ofany future grant amendments which may increase the foregoing maximumob|igation
of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being
specified for this purpose:
$Ofor planning
$525,835for airport development ornoise 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
tmzl@ I �@ �omwxllol6�
another award term. A_cfc_fifi-5n-aTffiT6-rmation about registration proceaures May oe Toll 00
website (currently at http://www.sam.gov).
MEMO= MMM M.
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 its
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://fedgov.dnb.com/webform). I
Mang
request under this agreement electronically via the Delphi einvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
TffFfff'6rA_fr1tT61 IM 0
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.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Qualit . 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 permil
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.
f 5. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as
amended, the maximum obligation of the United States, as stated in Condition No. I of this Grant Offer:
1,111MITIF111 �44 0 =
0
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 ordebars a
contractor, person, or entity.
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 to:
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
a. Establishment ofnew rules and programs orre-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach toemployees about the safety risks associated
with textin8while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity
other than a State, local government, Indian tribe, orforeign public entity. This includes private
Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are:
1. Engaging in severe forms oftrafficking inpersons during the period of time that the agreement is
ir. effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect;or
Using forced labor in the performance of the agreement, including subcontracts or subagreements
under the agreement.
R. in addition to all other remedies for noncompliance that are available to the FAA, Section 106(g) of the
Trafficking Victims Protection Act nf2O0O(TVPA),asamended (ZZU.S.C. 71O4(z)),allows the FAA 10
unilaterally terminate this agreement, without penalty, if a private entity —
1. Is determined to have violated the Prohibitions; or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is
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 (Non procurement)," as
implemented bythe FAA at49 CFRPart 29.
20. The Exhibit "A" Property Map dated July, 2009isincorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
21. The Sponsor understands and agrees that nnpayment will
be made wider the terms of this Grant Agreement for work accomplished on privately owned land until
El.
the Sponsor submits the agreement with the owner of the property required by the Grant Assurance
Number 5: Preserving Rights and Powers, and the FAA has determined that the agreement is satisfactory.
As a minimum, the agreement with the private owner must contain the following provisions:
A. The property owner must inspect and approve or disapprove the work on the project during and after
completion of the measures as the FAA or Sponsor reasonably requests.
B. The property owner is responsible for maintenance and operation of the items installed, purchased,
or. Neither the FAA nor the Sponsor bears any responsibility for the maintenance, operation, or
replacement of these items.
C. If the Sponsor transfers Federal funds for the noise compatibility measures to a private property
owner or agent, the property owner must agree to keep records and make those records available to
the FAA and the Sponsor about the amount of funds received and the disposition of the funds.
D. The property owner's right to sue for adverse noise impacts will be abrogated if the property owner
deliberately or willfully reduces the effectiveness of the noise compatibility measures during the useful
life of such measures. This obligation will remain in effect throughout the useful life of the noise
compatibility measures, but not to exceed 20 years from the date of the Sponsor's acceptance of
federal aid for the project.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, consti-
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.
UN
CA ITED. TTES OF AMERICA
FEIDEFYAL IATIO ISTRATION
ure)
Juan C. Brown
ZGEM=
Acting Manager
(Title)
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
Wx—DixegoinaDffer and does herebTL, acceirt this Offer and bW such accevtance a
the terms and conditions in this Offer and in the Project Application.
Executed this 7th day of August, 2015
Monroe County Board of County Commissioners
T- (Signa re of �Sp Ts ntative)
Danny L. Kolhage
(Typed Name of Sponsor's De si g n cited Offi cial Represen tativ
Title: Mayor/Chairman
(Title of Sponsor's Designated Official Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
ja:�. -7-MIVU40 , acting as Attorney for the Sponsor do hereby certify:
i AM in 7q, opinion Tne SAMsor is ernpom-rerea to enter in ng GTOTW7reenient
of the State of C-QA t 0X) . 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
the terms thereof.
f1l
Dated at lzk4 wfSr (location) this day
JI&I
M.
Xz,3S
F-JDplm
�,J
7 h
�y
MEFWIM�t��
a. These assurances shall be complied within the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
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 term
"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 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.
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, 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
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long
as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
project including but not limited to the following:
a. Title 49,U.SI�subtitle V|iasamended.
b. Davis -Bacon Act 40U.S.[.276/a\,etseo.'
C. Federal Fair Labor Standards Act 39U.S.[.301,et seg.
d. Hatch Act —5U.S.C.1SO1,et seg.
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of197OTitle 43
U.S.C.4GO1,etseg `12
f. National Historic Preservation Act of1966'Section 106-16U.S.[47Q(f).'
Q. Archeological and Historic Preservation Act of1974-16U.S.[.469through 469c.'
h. Native Americans Grave Repatriation Act '25U.S.C.Section 3OO1,etseg.`
i. Clean Air Act, P.L.9O-l48,asamended.
j. Coastal Zone Management Act, P.L83'205 as amended.
k. Flood Disaster Protection Act of1973 'Section 102(a) 42 U.S.C. 4012a.^
i Title 49, U.S.C, Section 303, (formerly known asSection 4(8)
n. Title VI of the Civil Rights Act of1964(42U.S.C. §3OOOdetseq,78stat 252)(prohibits
discrimination onthe basis ofrace, color, national ohgin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination onthe basis ofdisabi|ity).
p. Age Discrimination Act of1975'4ZU.S.C.6ID1,et seg.
q. American Indian Religious Freedom Act, P.L95-341,asamended.
r. Architectural Barriers Act of1968-42U.S.[. 4151,etseg.'
Power plant and Industrial Fuel Use Act of1978-Section 403-2U.S.[.8373.1
S. Contract Work Hours and Safety Standards Act '4D U.S.C. 327,et seg.'
t. Copeland Anti -kickback Act -18U.S.C.874.1
u. National Environmental Policy Act ofl969'42U.S.[.4]31,etseg.'
V. Wild and Scenic Rivers Act, P.L9O'543,asamended.
xv. Single Audit Act of1g84 31 U.S.C. 7501,et seg.z
X. Drug -Free Workplace Act of1980 41U.S.[.7O2through 7O5.
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).
93
a. Executive Order 11246 Equal Employment Opportunity'
b. Executive Order 1189O-Protection ofWetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 1337Z-Intergovernmental Review ofFederal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction'
t Executive Order 128Q8 Environmental Justice
FEDERAL REGULATIONS
(Nonprocuremend.
b. 2[FRPart 2OO,Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. []&4B Circu|arA'87 Cost Principles Applicable to Grants and
Contracts with State and Local Governments, and OMB Circular A,133 Audits ofStates, Local
�5,o
Governments, and Non -Profit Organizations] .
c 2CFRPart 12OD—NonprocunennentSuspension and Debarment
d. 14[FRPart 13-Investigative and Enforcement Procedures14CFRPart 16-Rules ofPractice
For Federally Assisted Airport Enforcement Proceedings.
e. 14CFRPart 15O Airport noise compatibility planning.
f. 38 CFR Part35' Discrimination on the Basis ofDisability inState and Local Government
Services.
8. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of1964.
h. 2gCFRPart 1 Procedures for predetermination ofwage rates.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. 29CFRPart S-Labor standards provisions applicable tocontracts 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. 41CFRPart 6O Office ofFederal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).'
|. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements
tostate and local governments .3
nn. 49[FRPart 2Q New restrictions onlobbying.
n. 49 CFR Part 21 — Nondiscrimination in federally -assisted programs of the Department of
Transportation ' effectuation ofTitle V|ofthe Civil Rights Act of1964.
o. 49CFRPart 23 Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Progra MS.12
V1
3-12 0037-050-2015
49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
r. 49 CFR Part 27— Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access toU.S.contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance)
v. 49CFR Part ]7—Transportation Services for Individuals with Disabi|ities(ADA).
xv. 49 CFR Part 41 - Seismic safety of Federal 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
orcirculars are incorporated byreference inthis grant agreement.
FOOTNOTES To ASSURANCE C.1.
z These laws donot apply toairport planning sponsors.
z These laws donot apply toprivate 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.
4 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
orCircular) aswell asthe Cost Principles (Circulars A'21or2[FRpart 22O; Circular A-Q7or2[FR
part 225;and A,122,2CFRpart 23O).Additionally itreplaces Circular 4-133guidance onthe 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.
s Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining
the eligibility ofspecific types ofexpenses.
o Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
Z. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
|thas legal authority toapply for this grant, and tofinance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
10
3-12-0037'050'2015
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
ithas legal authority toapply for this grant and tofinance and carry out the proposed project
and comply with all terms, conditions, and assurances of 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; toact in
connection with this application; and to provide such additional information as may be
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 itwill own orcontrol.
a. It, apublic agency orthe Federal government, holds good title, satisfactory tothe Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will beacquired.
For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended orwill give assurance tothe Secretary that good title will be
obtained.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this grant
agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Itwill not sell, lease, encumber, orotherwise transfer ordispose nfany part ofits title orother
interests in the property shown on Exhibit Atothis application or, fora noise compatibility
program project, that portion of the property upon which Federal funds have been expended,
for the duration ofthe terms, conditions, and assurances inthis 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 or document transferring or disposing of the sponsor's interest, and
make binding upon the transferee all of the terms, conditions, and assurances contained in
this grant agreement.
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
bythe Secretary, that agreement shall obligate that government tnthe 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
3'12-0037-050-2015
thereto must be satisfactory 1othe Secretary. It will take steps to enforce this agreement
against the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will
enter into an agreement with the owner of that property which includes provisions specified
bythe Secretary. |twill take steps toenforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
if the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public -use airport in accordance with these
assurances for the duration ofthese assurances.
f. if anarrangement ismade for management and operation oftheairportbvanyagencyor
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 in
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 requires
compliance therewith.
Sponsors of commercial service airports will not permit or 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. Sponsors
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.
The project is reasonably consistent with plans (existing at the time of submission of this
application) ofpublic agencies that are authorized bvthe State inwhich the project is|ocatedhm
plan for the development ofthe area surrounding the airport.
It has given fair consideration to the interest of communities in or near where the project may be
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project isproposed.
|nprojects involving the location ofanairport, anairport runway, oramajor runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects ofthe airport orrunway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested bvthe Secretary, submit acopy ofthe transcript nfsuch hearings tothe Secretary.
Further, for such projects, ithasmnitsrnanagennentboardeithervotingrepresentationfromthe
communities where the project is|ocatedorhasadvisedthecomnmunitiesthattheyhavetheright
topetition the Secretary concerning aproposed project.
M
3-12'0037-050 2O1S
|nprojects involving the location ofanairport, anairport runway, oramajor runvvayextensionat
a medium or large hub airport, the sponsor has made available to and has provided upon request
to the metropolitan planning organization in the area in which the airport is located, if any, a copy
ofthe proposed amendment tothe airport layout plan todepict the project andacopyofany
airport master plan inwhich the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect toaproject approved after January 1,1995 for the replacement orreconstruction nf
pavement atthe airport, itassures nrcertifies that ithas implemented aneffective 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 asthe Secretary determines may beuseful.
12.Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
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 aircraft.
It shall keep all project accounts and records which fully disclose the amount and disposition
bvthe recipient ofthe proceeds ofthis grant, the total cost ofthe project inconnection with
which this grant is given or used, and the amount or nature of that portion of the cost ofthe
project supplied by other sources, and such other financial records pertinent to the project.
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.
b. it shall make available to the Secretary and the Comptroller General of the United States,or
any oftheir duly authorized representatives, for the purpose nfaudit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this grant. The
Secretary may require that anappropriate audit be conducted byarecipient. |nany case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds ofagrant orrelating tothe project inconnectionvvithvvhichthisgrantmmsgiven
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 ofthe 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, asamended (4O
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included in proposals or bids for the
work.
15.Veteram's Preference.
Itshall include inall contracts for work onany project funded under this grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except
hMMANITORWASOMIMMINNal
in executive, administrative, and supervisory positions), preference shall be given to Vietnam era
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
49, 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.
Itwill execute the project subject toplans, specifications,and schedules approved bvthe
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 ofthe 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
the project toassurethatthexvorkconfonnstothep|ans,specUications,andschedu|esapproved
by the Secretary for the project. It shall subject the construction work on any projectcontainedin
an approved project application to inspection and approval by the Secretary and such work shall
be in accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting bythe sponsor orsponsors ofsuch
project asthe Secretary shall deem necessary.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
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.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or
any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any ofthe material prepared inconnection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost ofprofessional services.
g. |twill grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. |tunderstands and agrees that the Secretary's approval ofthis project QrantortheSecretgry's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application fora Federal airport grant.
I&I
3 12'0037-050-2015
The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in
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
operation. it will not cause or permit any activity or action thereon which would interfere with
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
anangernentsfor-
1\ Operating the airport's aeronautical facilities whenever required;
2\ Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
]\ 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 orother climatic conditions
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 or
other condition orcircumstance beyond the control ofthe sponsor.
b. it will suitably operate and maintain noise compatibility program items that it owns orcontrols
upon which Federal funds have been expended.
20.Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations tothe airport (including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21.Conmpatib|e Land Use.
|twill take appropriate action, tothe extent reasonable, including the adoption ofzoning laws, to
restrict the use ofland adjacent toorinthe immediate vicinity ofthe airport toactivities 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 without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public atthe airport.
b. In any agreement, contract, lease, or other arrangement under which a right or 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 insert
and enforce provisions requiring the contractor to-
W
3-12-0037-050-2015
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
a.) Each fixed -based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed -based
operators making the same or similar uses of such airport and utilizing the same or
similar facilities.
b.) Each air carrier using such airport shall have the right to service itself or to use any
fixed -based operator that is authorized or permitted by the airport to serve any air
carrier at such 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 to facilities 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 it may choose to perform.
e.) In the 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 to be met by all users of the airport as may be necessary for the safe and
efficient operation of the 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 to serve the civil aviation needs of the 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 to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
m
3'12'0037-050-2015
b. |fallowing more than one fixed -based operator toprovide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant
or permit any person, firm, or corporation, the exclusive right at the 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 inconjunction xvithotheraeronautica|activity,repairandmaintenanceof
aircraft, sale ofaircraft parts, and any other activities which because of their direct
relationship tothe 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.
it will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport planning or noise compatibility project
for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement
Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
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 tothis 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 tothat airport onorafter October 1,1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means atageneral aviation airport (as defined atSection 471O2 oftitle 49United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
inSec. Q13ofPublic Law 112-95.
17
3'12 0037-050-2015
a.) As part of the annual audit required under the Single Audit Act of 1984, the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
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 a
manner consistent with Title 49, United States Code and any other applicable provision
of law, including any regulation promulgated by the Secretary or Administrator.
b.) Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available tothe public; make
available to the public at reasonable times and places a report of the airport budget in a
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 and
other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request;
c for noise compatibility program projects, make records and documents relating tothe project
and continued compliance with the terms, conditions, and assurances of this grant
agreement including deeds, leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed bvthe Secretary, provide to the Secretary and make available
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 payment was made; and
2\ all services and property provided bythe airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use 6wGovernment Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
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 ofthe landing areas byother authorized aircraft, orduring any calendar month that —
a. bvgross weights ofsuch aircraft) isinexcess offive million pounds Five (5)ormore
Government aircraft are regularly based at the airport or on land adjacent thereto; or
The total number of movements (counting each landing as a movement) of Government
aircraft is30Oormore, orthe gross accumulative weight ofGovernment aircraft using the
airport (the total movement of Government aircraft multiplied.
IM
3-12-0037-050-2015
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to
air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor
as the Secretary considers necessary or desirable for construction, operation, and maintenance at
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.
a. It will keep up to date at all times an airport layout plan of the airport showing:
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
4) 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.
It will promptly take any measures necessary to ensure that no person in the United States shall,
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.
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.
RE
3'12'0037 050-2015
b. Applicability
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'sprograms and activities.
2\ Facilities. Where it receives a grantor other federal financial assistance to construct,
expand, renovate, remodel, alter oracquire afacility, orpart 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 torights tospace on, over, orunder such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance
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 nfthe following periods:
1) So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2) Solong asthe sponsor retains ownership orpossession ofthe property.
d. 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:
"The inaccordance with the provisions ofTitle V|of the Civil Rights Act of
1964(78Stat.252,42U.S.C.§§ 2UOOd0o2OOOd-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."
e. Required Contract Provisions.
1\ It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative 1onon-discrimination in Federally -assisted programs ofthe DOT,
and incorporating the acts and regulations into the contracts by reference in every
contract nragreement subject tothe non-discrimination in Federally -assisted programs of
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 is
subject tothe non-discrimination acts and regulations.
]\ It will insert non-discrimination 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 of
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
Ell
31I-OO]7'O5O ZO1S
the sponsor with other parties:
a.) For the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b.) For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. Itwill provide for such methods ofadministration for the program asare found bvthe
Secretary togive 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 righttoseekjudicia|enforcemnentxvithregardtoany
matter arising under the acts, the regulations, and this assurance.
For land purchased under a grant for airport noise compatibility purposes, including land
serving asanoise buffer, itwill dispose ofthe land, when the land isnolonger needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
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 toanother eligible airport asprescribed bvthe 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 471 17(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that iseligible for grant funding under Sections 47114,47115,or47117
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 inthe Airport and Airway Trust Fund. |fland acquired under agrant for
noise compatibility purposes isleased atfair market value and consistent with noise buffering
purposes, the lease will not beconsidered adisposal ofthe land. Revenues derived from such
a lease may be used for an approved airport development project that would otherwise be
eligible for grant funding orany permitted use ofairport revenue.
For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes,dispose ofsuch
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share ofthe fair market value ofthe land. That portion ofthe proceeds
of such disposition which is proportionate to the United States' share of the cost of acquisition
of such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport asprescribed bvthe Secretary. The Secretary shall give preference tothe
following, in descending order: (1) reinvestment in an approved noise compatibility project,(2)
reinvestment inanapproved project thatise|igib|eforBrantfundingunderSection47117(e)
of title 49 United States Code, (3) reinvestment in an approved airport development project
that iseligible for grant funding under Sections 47114,47115,or47117o{title 49United
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 inthe 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 aeronautical purposes (including runway protection zones) or serve as noise
3-12-0037-050-2015
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
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
It will award each contract, or sub -contract for program management, construction management,
planning studies, feasibility studies, architectural services, preliminary engineering, design,
engineering, surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under Title IX of the
Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based
requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications approved by
the Secretary including, but not limited to, the advisory circulars listed in the Current FAA Advisory
Circulars for AIP projects, dated March 20, 2014 and included in this grant, and in accordance with
applicable state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition.
It will be guided in acquiring real property, to the greatest extent practicable under State law,
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.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
0A
3'12 0037-050'2015
performance ofany concession activity contract covered bx49CFRPart 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 23and 36.The
sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure
noncliscrimination 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 is a legal obligation and failure to carry out its terms shall be treated as a violation of this
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 of19]6(31U.S.C.38O1).
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed atthe airport for the aircraft atthe 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.
a. 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 tothe airport ortoexpand service atthe airport, the airport owner oroperator shall
transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated; and
3) Provides atime frame within which, ifany, the airport will beable toaccommodate the
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due
gate.
23
Current FAA Advisory Circulars Required for Use in AIP Funde-T
and PFC Approved Projects I
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisorycirculars
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 I
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 I
150/5200-31C
Airport Emergency Plan
Chan gesl-2
150/5210-5D
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-71)
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
NUMBER
TITLE
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 (AWOS) for Non -Federal Applications
150/5220-17B
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A i Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
Foreign Object Debris Detection Equipment
Airport Avian Radar Systems
150/5220-26 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B)
Change 1 Out Squitter Equipment
150/5300-78 FAA Policy on Facility Relocations Occasioned by Airport Improvements of
Changes
00-13A i Airport Design
Changel
150/5300-14C ! Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C I Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B I General Guidance and Specifications for Submission of Aeronautical Surveys to
Change 1 NGS: Field Data Collection and Geographic Information System (GIS) Standards
150/5320-5D Airport Drainage Design
150/5320-6E Airport Pavement Design and Evaluation
150f 5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1-8 Pavement Surfaces
ER
FAA Advisory Circulars Required for Use Alp Funded and PFC Approved Projects Updated 3/20/2014
3-12-0037-050-2015
NUMBER TITLE
150/5320-15A Management of Airport Industrial Waste
150/5235-46 Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-11- Standards for Airport Markings
150/5340-51) i 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
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
...........
150/5345-27E
I
Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAPI) 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
�1550/�5345-43GSpecification for Obstruction Lighting Equipment
0Specification for Runway and Taxiway Signs
150/5345-45C Low -Impact Resistant (LIR) Structures
150/5345-46D Specification for Runway and Taxiway Light Fixtures
26
FAA Advisory Circulars Required for Use A!P Funded and PFC Approved Projects Updated 3f 20f 2014
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-SSA 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 1
150/5360-14 Access to Airports By Individuals With Disabilities
..........
150/5370-2F Operational Safety on Airports During Construction
..........
150/5370-10G 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
Updated: 3/7/2014
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
Preclesign, 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 (PASER) Manuals
150/5370-61)
Construction Progress and Inspection Report —Airport Improvement Program
(AIP)
150/5370-12A
Quality Control of Construction for Airport Grant Projects
28
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014
Monroe County Board of County
Commissioners
(Sponsor)
Description of Work:
SPONSOR CERTIFICATION
Key West International
Noise Mitigation Measures for Residences within 65 - 69 DNL
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 (A|P). General requirements onthe 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 A|Pproject gnantagreementcontainsspecificassurancesontheDru8-FreeVVorkp|aceAct
of1988.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for
this aspect ofproject implementation, although itbnot comprehensive, nor does itrelieve the sponsor
from fully complying with all applicable statutory and administrative standards.
Yes No N/A
1. Astatement has been (will be) published notifying employees that
the unlawful manufacture, distribution, dispensing, possession, or
use ofacontrolled substance isprohibited inthe spnnsor's
workplace, and specifying the actions tobetaken against
employees for violation ofsuch prohibition.
2. Anongoing drug -free awareness program has been (will be)
established toinform employees about:
a' The dangers ofdrug abuse inthe workplace;
b. The sponsor'spolicy ofmaintaining adrug-free xvorkp|ace,-
�� �� [—1
c� �� ��
c. Any available drug counseling, rehabilitation, and ennp|oyee
assistance programs; and
d. The penalties that may beimposed upon employees for drug
abuse violations occurring inthe workplace.
3' Each employee tobeengaged inthe performance ofthe work has
been (will be) given acopy ofthe statement required within item 1
�� n E7
above.
4^ Employees have been (will be) notified inthe statement required
bvitem Iabove that, asacondition employment under the grant,
the employee will: [�l [—1 [—1
a' Abide bythe terms ofthe statenment;and
�� �� ��
b. Notify the employer inwriting ofhis orher conviction for a
violation ofacriminal drug statute occurring inthe workplace
29
Yes No N/A
nolater than five calendar days after such conviction.
5. The FAA will benotified inwriting within ten calendar days after
receiving notice under item 4babove from anemployee or
otherwise receiving actual notice ofsuch conviction. Employers of
[�l
c�
convicted employees nnustprovide notice, including position bt|e
nfthe employee, tothe FAA. Notices shall include the project
number ofeach affected grant.
6. One ofthe following actions will betaken within 3Dcalendar days
of receiving anotice under item 4habove with respect toany
employee who issoconvicted:
a. Take appropriate personnel action against such anemployee,
up to and including termination, consistent with the
�� �� F—1
�� ��
requinemnentsofthe Rehabilitation Act of1973,asamnended;or
b. Require such employee toparticipate satisfactorily inadrug
abuse assistance orrehabilitation program approved for such
purposes byaFederal, State, orlocal health, law enforcement,
or other appropriate agency.
7. A good faith effort will bemade tocontinue tomaintain adrug-
free vxorkp|acethroughirnp|emnentationofitemnolthrough6
El 1:1 F—1
above.
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
attachments are correct and complete.
(Name of Sponsor)
Danny L. Kolhage
(Typed Name of Sponsor's Designated Official Representative)
(Typed Title of Sponsor's Designated Official Representative)