Item C19 C.19
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: C.19
Agenda Item Summary #6032
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 Alp
Grant Agreement 43-12-0037-059-2019 providing $7,016,974.00 in funding for the Key West
International Airport Noise Insulation Project(NIP) at Key West by the Sea(KWBTS), Construction
Management & Administration and Construction of Building C and Preparation of Final Bid
Documents & Bid Process for Building A (Part 1). The project will be funded 90% by FAA, and
10%Passenger Facility Charges (PFC417).
ITEM BACKGROUND: This grant is to fund the project for Noise Mitigation Measures for
Residences within 65-69 DNL (i.e., Noise Insulation Program at Key West by the Sea
Condominiums: Construction Management & Administration and Construction of Building C and
Preparation of Final Bid Documents & Bid Process for Building A (Part 1).
The actual Grant Agreement document was not received from the FAA in time to meet the agenda
deadline, so an example was included in the agenda package for review purposes. The actual Grant
Agreement is forthcoming and will be executed by the Mayor and returned to the FAA by the
required deadline. A copy of the actual Grant Agreement will be included in a revised agenda item
for review and approval.
The objective of this project is to reduce interior noise levels generated by exterior aircraft
operations for neighboring residents whose homes qualify for the FAA-approved Noise Insulation
Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility
Program and associated Noise Exposure Map, and pursuant to Alp Handbook Appendix R and other
related federal requirements.
PREVIOUS RELEVANT BOCC ACTION: On Mayl9, 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.
September 18, 2019 Agenda concurrent requests:
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1. Award of bid/contract to bidder DEC Contracting Group, Inc.;
2. Approval of PSO 45 with THC for construction management & administration, and preparation
of final bid documents and bid process; and
3. Approval of Avigation Easements and Property Owner Noise Insulation Agreements.
CONTRACT/AGREEMENT CHANGES:
new grant agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Sample AIP 43-12-0037-059-2019
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: Four (4)years after execution
Total Dollar Value of Contract: $7,016,974.00
Total Cost to County: -0-
Current Year Portion: -0-
Budgeted: Yes, FY20
Source of Funds: FAA and Passenger Facility Charges Fund 406 (PFC #17)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: no
Additional Details:
09/18/19 406-63603 - PASSNGER FACILITY CHG 40 $779,663.78
REVIEWED BY:
Richard Strickland Completed 08/30/2019 3:03 PM
Pedro Mercado Completed 08/30/2019 3:11 PM
Budget and Finance Completed 09/03/2019 8:55 AM
Maria Slavik Completed 09/03/2019 9:49 AM
Kathy Peters Completed 09/03/2019 11:04 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREE MENT
PART I-OFFER
Date of Offer September XX, 2019
Airport/Planning Area Key West International Airport
AIP Grant Number 3-12-0037-059-2019
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 14,2018,for a grant of
Federal funds for a project at or associated with the Key West International Airport, which is included as cv
part of this Grant Agreement; and LO
WHEREAS, the FAA has approved a project for the Key West International Airport (herein called the
"Project") consisting of the following:
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Noise Mitigation Measures for Residences within 65-69 DNL (Construction of Sound Insulation for Building
C of Key West By The Sea Condominiums; Prepare Final Bid Documents and Bidding of Building A, Part 1
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of Key West By The Sea Condominiums)
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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 o
referred to as "the Act"), the representations contained in the Project Application, and in consideration of 0
(a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014, and the Sponsor's
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.
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.
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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
$7,016,974.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
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
$7,016,974 for airport development or noise program implementation; and,
$0 for land acquisition.
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The source of this Grant may include funding from the Small Airport Fund.
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 priorto the end date of the period of
performance(2 CFR§200.309).Unlessthe FAAauthorizes awritten 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.
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3. Ineligible orU nallowable Costs.The Sponsor must not include any costs in the project thatthe FAA has a
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determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.Sponsor may charge indirect costs underthis award by applying the indirect cost
rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct c5
salaries and wages.
5. Determmnmnathe Fmnal Federal Shareof 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 CL
and settlement will be made for any upward or downward adjustments to the Federal share of costs.
6. Com Ip eting 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 rightto 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 September 4,
2018, or such subsequent date as may be prescribed in writing by the FAA.
9. ImproperUseof Federal Funds.The Sponsor musttake 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
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purposes of this grant agreement,the term"Federal funds"means funds however used or dispersed by
the Sponsor,thatwere originally paid pursuant to this orany 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,orjudgment,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
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 oriniurv.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. C
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 htto://www.sam.aov).
B. Data Universal Numbering System:DUNS numbermeansthe 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 `d
httr)://fedaov.dnb.com/webform). `O
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 CL
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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 E
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 orto 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.
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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 Obliaation 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:
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 T
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
htti):Hharvester.census.aov/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
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3. Adding a clause or condition to covered transactions attesting individual orfirm are not excluded LO
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower-tier transactions
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(e.g.Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1)learns they have entered into a covered IL
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity.
20. Ban on Texting While Driving. CL
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A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While (n
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.
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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.
22. Exhibit"A" Property Map.The Exhibit"A" Property Map dated April 2015, is incorporated herein by
reference or is submitted with the project application and made part of this grantagreement.
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 M
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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:
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i. A member of Congress or a representative of a committee of Congress;
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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 grandjury;
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 CL
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.
s. 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 under41 U.S.C.§4712(c).
24. Noise Projects on Privately Owned Property.The Sponsor understands and agrees that no payment will
be made under the terms of this Grant Agreement for work accomplished on privately owned land until
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:
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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
constructed under this agreement. Neither the FAA north e Sponsor bears any responsibiIity forth e
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 orwillfully 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 LO
federal aid for the project.
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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
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........,,,,,_...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......................
Bart Vernace
(Typed Name)
Manager
(Title of FAA Official)
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PART II -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 day of September, 2019
Monroe County Board of County
Commissioners
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(Signature of Sponsor's Authorized Official)
By: Sylvia
yl(Typed Napme of Sponsor's Authorized Official
Title: Mayor/Chairman,
(Title of Sponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I Pedro J. Mercado, acting as attorney in fact for the Sponsor, do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement underthe laws eO
of the State of Florida. 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 IL
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said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof. 0.
Dated at Key West, Florida (location), this day of September, 2019.
By:
(Signature of Sponsor's Attorney)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (Fa1:
Statements) and could subject you to fines, imprisonment, or both.
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