058-2019 Improve Runway 9 EMAS • County of Monroe ��} Q`�'t�. . BOARD OF COUNTY COMMISSIONERS
L Mayor Sylvia Murphy,District 5
The Florida Ke s �� _ tL Mayor Pro Tem Danny Kolhage,District 1
y - Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Summary #5764
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
No
AGENDA ITEM WORDING: Ratification and approval of Federal Aviation Administration
Grant Agreement #3-12-0037-058-2019 providing funding in the amount of $360,000.00 to
Rehabilitate Runway 9 EMAS (Engineered Material Arresting System) at the Key West
International Airport. The project will be funded 90% by FAA and 10% Airport Operating Fund
404.
ITEM BACKGROUND: The EMAS system is comprised of EMAS blocks and seam seal tape.
The seam seal protects the EMAS material from water intrusion which is detrimental to the EMAS
material, causing deterioration over time and decreasing it's arresting performance. This project is
to rehabilitate the Runway 9 EMAS system using a more up to date seal seam tape product that can
better withstand the high temperatures, humidity and salt air environment.
PREVIOUS RELEVANT BOCC ACTION: On May19, 2010,the BOCC granted approval for
the Mayor to execute FAA and FDOT grants as received to meet deadlines for return to the granting
agency and expedite use of grant funds, with grants to be ratified by the County Commission at the
next BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
new grant agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FAA EMAS Grant 37-58
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: four years after execution
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: yes If yes, amount: $360,000.00
Grant:
County Match: Airport Operating Fund 404
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Richard Strickland Completed 07/01/2019 4:01 PM
Pedro Mercado Completed 07/01/2019 4:02 PM
Budget and Finance Completed 07/01/2019 4:13 PM
Maria Slavik Completed 07/01/2019 4:20 PM
Kathy Peters Completed 07/01/2019 4:25 PM
Board of County Commissioners Completed 07/17/2019 9:00 AM
3 - 12 -0037 -058- 2019
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U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer June 19,2019
Airport/Planning Area Key West International Airport
AIP Grant Number 3-12-0037-058-2019
DUNS Number 155639339
TO: Monroe County Board of County Commissioners
(herein called the"Sponsor")
FROM: The United States of America(acting through the Federal Aviation Administration, herein called the
"FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated June 11, 2019,for a grant of
Federal funds for a project at or associated with the Key West International Airport,which is included as
part of this Grant Agreement;and
WHEREAS,the FAA has approved a project for the Key West International Airport(herein called the
"Project") consisting of the following:
Improve Runway Safety Area (Improve Runway 9 EMAS)
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended 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
referred to as"the Act"),the representations contained in the Project Application, and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,as applied and
interpreted consistent with the FAA Reauthorization Act of 2018(see 2018 FAA Reauthorization grant
condition.), (b) and the Sponsor's acceptance of this Offer; and, (c)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.
THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE UNITED STATES,HEREBY
OFFERS AND AGREES to pay ninety(90)percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$360,000.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
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allowable amounts for any future grant amendment,which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$0 for planning
$360,000 airport development or noise program implementation; and,
$0 for land acquisition.
2. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years (1,460 calendar days)from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance(2 CFR §200.309). Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR§200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct
salaries and wages.
5. Determining the Final Federal Share of Costs.The United States'share of allowable project costs will be
made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of
the United States'share will be based upon the final audit of the total amount of allowable project costs
and settlement will be made for any upward or downward adjustments to the Federal share of costs.
6. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies, and procedures of the Secretary. Per 2 CFR§200.308,the Sponsor agrees to report
to the FAA any disengagement from performing the project that exceeds three months.The report must
include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which
are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of
the costs of the project unless this offer has been accepted by the Sponsor on or before July 24,2019,or
such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes,or
misused in any other manner for any project upon which Federal funds have been expended. For the
purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed by
the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds.The Sponsor must return the recovered Federal share, including funds recovered by
settlement,order,or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation,or other efforts taken to recover such funds.All settlements or other
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final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage
to property or injury to persons which may arise from,or be incident to,compliance with this grant
agreement.
11. System for Award Management(SAM)Registration And Universal Identifier.
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
another award term.Additional information about registration procedures may be found at the SAM
website(currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc.(D& B)to uniquely identify business entities.A DUNS number
may be obtained from D&B by telephone (currently 866-705-5771) or on the web (currently at
http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation(DOT) Financial Assistance Awardees.
13. 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 amendment 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.The FAA's authority to increase the maximum
obligation does not apply to the"planning"component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. 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 agreement.
15. 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.
16. 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.
17. 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. 1 of this Grant Offer:
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A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
18. Audits for Public Sponsors.The Sponsor must provide for a Single Audit or program specific audit in
accordance with 2 CFR part 200.The Sponsor must submit the audit reporting package to the Federal
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested.
19. Suspension or Debarment.When entering into a "covered transaction"as defined by 2 CFR§180.200,the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS)as maintained within the System for Award
Management(SAM)to determine if the non-federal entity is excluded or disqualified;or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower-tier transactions
(e.g.Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity.
20. Ban on Texting While Driving.
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
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.
21. 'AIP Funded Work Included in a PFC Application.
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC)application that contains an approved PFC
project also covered under this grant award.The airport sponsor may not make any expenditure under
this award until project work addressed under this award is removed from an approved PFC application by
amendment.
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22. Exhibit"A".Property Map.The Exhibit"A" Property Map dated June 2003,is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
23. Employee Protection from.Reprisal.
A. Prohibition of Reprisals—
1. In accordance with 41 U.S.C.§4712,an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph(A)(2), information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety;or
v. A violation of law, rule,or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is
covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
v. A court or grand jury;
vi. A management office of the grantee or subgrantee;or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General(OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General,the person submitting a complaint
assumes the right to a civil remedy under4l U.S.C. §4712(c).
24. 2018 FM Reauthorization.This grant agreement is subject to the terms and conditions contained herein
including the terms known as the Grant Assurances as they were published in the Federal Register on April
3,2014.On October 5,2018,the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C.
chapter 471.The Reauthorization Act will require FAA to make certain amendments to the assurances in
order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments
to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the
offer of this grant,the existing assurances are attached herein; however, FAA shall interpret and apply
these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the
assurances and Federal statutes,the statutes shall apply.The full text of the Act is at
https://www.congress.gov/bill/115th-congress/house-bill/302/text.
25.,Small Airport Fund.The source of this grant may include funding from the Small Airport Fund.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided,and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and conditions as provided herein.
• Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Bart Vernace
(Typed Name)
Manager
(Title of FAA Official)
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PART I I-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this I St day of 3-0 , 'Zo 1 q .
// Monroe County Board of County
Commissioners
(Name of S
(Signature of o sor's Authorized Official
By: Sylvia J. Murphy
(Typed Name of Sponsor's Authorized Official) •
Title:
........................Mayox./._..G..hai.rman.........................................................................................................
(Title of Sponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I, 1)4 Dit- . MIZi(4L O , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of Fc-Gft(D4 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 that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at l<1{-4 CJk-Si(location)this c1 day of J J L`i �9�n /, 2 i
By: � ., G/vl
(Sign ure of Sponsor'c Attnrnev)
O OE CO ,4: ORNEY
PRO V / % M
PED J.MERCADO
AEI
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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