037-2020 Cares Act 05/20/2020 .r l,
=b" '° 4, Kevin Madok, CPA
"� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
,,•`.101;;$t r
re
DATE: June 1, 2020
TO: Pam Radlot£
Finance Director
FROM: Pamela G. Hanco .C.
SUBJECT: May 20th BOCC Meeting
Attached arc electronic copies of the following items for your handling.
C20 Ratification and approval of CARES Act Grant Agreement#3-12-0037-062-2020 from
die United Stales of America acting through the Federal Aviation Administration providing
$17,000,000.00 to the Key West International Airport AND directing die Clerk to create a
CARES Act revenue account widen Airport Revenue Fund 404.The purpose of this grant is for
the Airport to maintain safe and efficient airport operations and provide funding to pay for airport-
related operational and maintenance expenses due to a decline in revenues arising from
diminished airport operations and activities as a result of the COVID-19 Public Health
Emergency. CARES Act airport grant amounts were derived by legislative formula.There is no
match required for this grant.
C21 Ratification and approval of CARES Act Grant Agreement#3-12-0044-037-2020 from
the United States of America acting through die Federal Aviation Administration providing
$69,000.00 to the Florida Keys Marathon International Airport AND directing the Clerk to create
a CARES Act revenue account within Airport Revenue Fund 403.The purpose of this grant is for
the Airport to maintain safe and efficient airport operations and provide funding to pay for airport-
related operational and maintenance expenses due to a decline in revenues arising from
diminished airport operations and activities as a result of the COVID-19 Public Health
Emergency. CARES Act airport grant amounts were derived by legislative formula. There is no
match required for this grant.
Should you have any questions please feel free to contact me at(305) 292-3.550.
cc: County Attorney
Aipon
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
C
U.S.Department
of Transportation
Federal Aviation
Administration
CARES ACT AIRPORT GRANT AGREEMENT
PART I—OFFER
Federal Award Offer Date May 1,2020
Airport/Planning Area The Florida Keys Marathon International Airport
CARES Grant Number 3-12-0044-037-2020
Unique Entity Identifier 15-563-9339
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 Coronavirus Aid, Relief, and Economic
Security Act (CARES Act or "the Act") Airports Grants Application (herein called the "Grant")
dated April21, 2020,for a grant of Federal funds at or associated with the Florida Keys Marathon
International Airport,which is included as part of this Grant Agreement; and
WHEREAS,the Sponsor has accepted the terms of FAA's Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the
Sponsor,the FAA has approved the Grant Application for the Florida Keys Marathon International
Airport(herein called the "Grant") consisting of the following:
This Grant is provided in accordance with the CARES Act, as described below,to provide eligible
Sponsors with funding to help offset a decline in revenues arising from diminished airport
operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport
Grants amounts to specific airports are derived by legislative formula.
The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided
under this Grant Agreement must only be used for purposes directly related to the airport. Such
purposes can include the reimbursement of an airport's operational and maintenance expenses
or debt service payments.CARES Act Airport Grants may be used to reimburse airport operational
and maintenance expenses directly related to The Florida Keys Marathon Airport incurred no
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earlier than January 20, 2020. CARES Act Airport Grants also may be used to reimburse a
Sponsor's payment of debt service where such payments occur on or after April 14, 2020. Funds
provided under the Grant will be governed by the same principles that govern "airport revenue."
New airport development projects may not be funded with this Grant, unless and until the Grant
Agreement is amended or superseded by a subsequent agreement that addresses and authorizes
the use of funds for the airport development project.
NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law
Number 116-136, the representations contained in the Grant Application, and in consideration
of, (a)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 Grant and in compliance with the conditions as
herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result
of and in accordance with this Grant Agreement.
Assistance Listings Number(Formerly CFDA Number): 20.106
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
$69,000.
2. Period of Performance. The period of performance shall commence on the date the Sponsor
formally accepts this agreement. The end date of the period of performance is 4 years (1,460
calendar days)from the date of acceptance.
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 Grant 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 shall not affect, relieve or reduce Sponsor obligations and
assurances that extend beyond the closeout of this Grant Agreement.
3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has
determined to be unallowable under the CARES Act.
4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs
for Sponsor direct salaries and wages only.
5. Final Federal Share of Costs.The United States'share of allowable Grant costs is 100%.
6. Completing the Grant without Delay and in Conformance with Requirements.The Sponsor must
carry out and complete the Grant without undue delays and in accordance with this Grant
2
Agreement, the CARES Act, and the regulations, policies, standards and procedures of the
Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to
report to the FAA any disengagement from funding eligible expenses under the Grant that
exceeds three months and request prior approval from FAA. The report must include a reason
for the stoppage.The Sponsor agrees to comply with the attached assurances,which are part of
this agreement and any addendum that may be attached hereto at a later date by mutual
consent.
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 unless this offer has been accepted by the Sponsor on or before June 1,
2020, 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, including uses that violate this Grant Agreement,the
CARES Act or other provision of applicable law. 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(s).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 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 relate to this Grant Agreement,
including, but not limited to, any action taken by a Sponsor related to or arising from, directly or
indirectly,this Grant Agreement.
11.System for Award Management(SAM)Registration And Universal Identifier 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.sa m.gov).
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.
3
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely and
accurate reports.
14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire
or permit any contractor or subcontractor to acquire any steel or manufactured products
produced outside the United States to be used for any expense which funds are provided under
this Grant.The Sponsor will include a provision implementing applicable Buy American statutory
and regulatory requirements in all contracts related to this Grant Agreement.
15. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must
provide a copy of an audit of this Grant prepared in accordance with accepted standard audit
practices, such audit to be submitted to the applicable Airports District Office.
16.Audits for Public Sponsors.The Sponsor must provide for a Single Auditor 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/ . Upon request of the FAA, the Sponsor shall provide one
copy of the completed audit to the FAA.
17.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 the entity is not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is 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 the Sponsor has entered
into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor,
person,or entity.
18. Ban on Telling 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
4
for, or on behalf of, the Federal government, including work relating to this 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.
19.Trafficking in Persons.
A. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not —
t. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the award.
B. The-FAA as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity—
t. Is determined to have violated a prohibition in paragraph A of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph A.1 of this award term through conduct
that is either—
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR Part
180, "OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.
3. You must inform us immediately of any information you receive from any source alleging a
-- — violation of a prohibition in paragraph A during this award term.
4. Our right to terminate unilaterally that is described in paragraph A of this section:
a. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA),as
amended (22 U.S.C. 4 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available to the
FAA under this award.
20. Employee Protection from Reprisal.
5
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:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety; or
e. A violation of law, rule, or regulation related to a Federal grant.
z. Persons and bodies covered: The persons and bodies to which a disclosure by an
employee is covered are as follows:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal office or employee responsible for oversight of a grant program;
e. A court or grand jury;
f. A management office of the grantee or subgrantee; or
g. 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.
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 under 41 U.S.C. § 4712(c).
21. Co-Sponsor. Co-Sponsors understand and agree that they jointly and severally adopt and ratify
the representations and assurances contained herein and that the word "Sponsor" as used in the
appl(cation and other assurances is deemed to include all co-sponsors.
22. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the
terms of any Federal grant agreement(s), including all terms and assurances related thereto,that
have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement.
SPECIAL CONDITIONS
1. Equipment or Vehicle Replacement.The Sponsor agrees that it will treat the proceeds from the
trade-in or sale of equipment being replaced with these funds as airport revenue.
6
2. Equipment Acquisition.The Sponsor agrees that it will maintain Sponsor-owned and -operated
equipment and use for purposes directly related to the airport.
3. Utilities Proration. For purposes of computing the United States' share of the allowable airport
operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to
operate and maintain airport(s) included in the Grant must not exceed the percent attributable
to the capital or operating costs of the airport.
4. Utility Relocation in Grant.The Sponsor understands and agrees that:
A. The United States will not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible
for payment of such costs;
B. FAA participation is limited to those utilities located on-airport or off-airport only where the
Sponsor has an easement for the utility;and
C. The utilities must serve a purpose directly related to the Airport.
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 CARES Act, constituting the contractual obligations and rights of the United
States and the Sponsor with respect to the accomplishment of the Grant and compliance with
the assurances and conditions as provided herein.Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize
electronic signatures in lieu of using paper documents. You are not required to receive notices
and disclosures or sign documents electronically. If you prefer not to do so, you may request to
receive paper copies and withdraw your consent at any time.
UNITED STATES OF AMERICA
FEDERAL AVIATION� ADMINISTRATION
(Signature)
Bart Vernace
(Typed Nome)
Manager
(Title of FM official)
7
PART II-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant Application and incorporated
materials referred to in the foregoing Offer under Part II of this Agreement, 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 Grant Application.
Please read the following Information:By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize
electronic signatures in lieu of using paper documents. You are not required to receive notices
and disclosures or sign documents electronically. If you prefer not to do so, you may request to
receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.
Dated May 1,2020
(Name of Sponsor)
Richard Strickland
Richard Strickland(May 1,2020)
(signature of Sponsor's Authorized Offldd)
By: Richard Strickland
(Typed Nome of Sponsor's Authorised Official)
Title Director of Airports
(Title of sponsor,Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Pedro J Mercado ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Florida. Further,I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor 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 CARES Act.The Sponsor understands funding made available under this
Grant Agreement may only be used to reimburse for airport operational and maintenance
expenses,and debt service payments.The Sponsor further understands it may submit a separate
request to use funds for new airport/project development purposes,subject to additional terms,
conditions,and assurances. Further,it is my opinion that the said Grant Agreement constitutes a
8
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information:By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize
electronic signatures in lieu of using paper documents. You are not required to receive notices
and disclosures or sign documents electronically. If you prefer not to do so,you may request to
receive paper copies and withdraw your consent at any time.
Dated May 4,2020
274.4a
By: Pedro J Mercado( 20201
Olga rc Cif sponso/s Attorney)
9
CARES ACT ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances are required to be submitted as part of the application by sponsors
requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic
Security Act of 2020(CARES Act or"the Act"), Public Law Number, Public Law 116-136.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.
2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated
into and become part of this Grant Agreement.
B. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this Grant that:
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of
Federal funds for this Grant including but not limited to the following:
FEDERAL LEGISLATION
a. Federal Fair Labor Standards Act-29 U.S.C. 201, et seq.
b. Hatch Act-5 U.S.C. 1501, et seq.
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
Title 42 U.S.C. 4601, et seq.
d. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(f).
e. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.
f. Native Americans Grave Repatriation Act -25 U.S.C.Section 3001, et seq.
g. Clean Air Act, P.L. 90-148, as amended.
h. Coastal Zone Management Act, P.L.93-205, as amended.
i. Flood Disaster Protection Act of 1973 -Section 102(a) -42 U.S.C. 4012a.
j. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
k. Rehabilitation Act of 1973 - 29 U.S.C. 794.
I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin).
10
•
m. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
prohibits discrimination on the basis of disability).
n. Age Discrimination Act of 1975-42 U.S.C. 6101, et seq.
o. American Indian Religious Freedom Act, P.L. 95-341, as amended.
p. Architectural Barriers Act of 1968-42 U.S.C.4151, et seq.
q. Power plant and Industrial Fuel Use Act of 1978-Section 403- 2 U.S.C.8373.
r. Contract Work Hours and Safety Standards Act -40 U.S.C. 327, et seq.
s. Copeland Anti-kickback Act- 18 U.S.C. 874.1.
t. National Environmental Policy Act of 1969 -42 U.S.C.4321, et seq.
u. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
v. Single Audit Act of 1984-31 U.S.C. 7501, et seq.
w. Drug-Free Workplace Act of 1988-41 U.S.C. 702 through 706.
x. 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).
EXECUTIVE ORDERS
a. Executive Order 11246- Equal Employment Opportunity
b. Executive Order 11990-Protection of Wetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building
Construction
f. Executive Order 12898- Environmental Justice
g. Executive Order 13788- Buy American and Hire American
h. Executive Order 13858 - Strengthening Buy-American Preferences for Infrastructure
Projects
FEDERAL REGULATIONS
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement).
b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
c. 2 CFR Part 1200- Nonprocurement Suspension and Debarment.
11
d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local
Government Services.
e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of
the Civil Rights Act of 1964.
f. 29 CFR Part 1- Procedures for predetermination of wage rates.
g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.
h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally
financed and assisted construction (also labor standards provisions applicable to non-
construction contracts subject to the Contract Work Hours and Safety Standards Act).
i. 41 CFR Part 60- Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted contracting
requirements).
j. 49 CFR Part 20- New restrictions on lobbying.
k. 49 CFR Part 21 -Nondiscrimination in Federally-assisted programs of the Department
of Transportation -effectuation of Title VI of the Civil Rights Act of 1964.
I. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department
of Transportation Program .49 CFR Part 27 — Nondiscrimination on the Basis of
Handicap in Programs and Activities Receiving or Benefiting from Federal Financial
Assistance.
m. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
n. 49 CFR Part 30- Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
o. 49 CFR Part 32 -Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
p. 49 CFR Part 37-Transportation Services for Individuals with Disabilities (ADA).
q. 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,or circulars are incorporated by reference in this Grant Agreement.
12
1. Purpose Directly Related to the Airport
It certifies that the reimbursement sought is for a purpose directly related to the airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed
grant; that an official decision has been made by the applicant's governing body
authorizing the filing of the application, including all 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.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed
Grant 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; to act in connection with this application; and to provide such
additional information as may be required.
3. Good Title.
It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
4. 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.
---- 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 this Grant Agreement.
c. If an arrangement is made for management and operation of the airport by any
agency or 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
13
and maintained in accordance Title 49, United States Code, the regulations, and the
terms and conditions of this Grant Agreement.
5. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all Grant accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this Grant, the total cost of the Grant
in connection with which this Grant is given or used,and the amount or nature of that
portion of the cost of the Grant supplied by other sources, and such other financial
records pertinent to the Grant. 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 of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this Grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a Grantor relating
to the Grant in connection with which this Grant was given or used, it shall file a
certified copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which the audit was
made.
6. Exclusive Rights.
The sponsor shall not grant an exclusive right to use an air navigation facility on which this
Grant has been expended. However, providing services at an airport by only one fixed-
based operator is not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-
based operator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a
reduction in space leased under an agreement existing on September 3, 1982,
between the operator and the airport.
7. Airport Revenues.
This Grant shall be available for any purpose for which airport revenues may lawfully be
used. CARES Act Grant funds provided under this Grant Agreement will only be expended
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(s) subject
to this agreement and all applicable addendums.
8. Reports and Inspections.
It will:
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a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. in a format and time prescribed by the 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 by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
9. Civil Rights.
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.
a. Using the definitions of activity, facility, and program as found and defined in §4
21.23 (b) and 21.23 (e) of 49 CFR Part 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.
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's programs and activities.
2. Facilities.Where it receives a grantor other Federal financial assistance to
construct,expand, renovate, remodel,alter, or acquire a facility,or part of
a facility,the assurance extends to the entire facility and facilities operated
in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal
financial assistance in the form of, or for the acquisition of, real property
or an interest in real property,the assurance will extend to rights to space
on, over, or under such property.
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,
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or real property, or interest therein, or structures or improvements thereon, in
which case the assurance obligates the sponsor,or any transferee for the longer
of the following periods:
1. So long as the airport is used as an airport,or for another purpose involving
the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests for Proposals for work, or material under this Grant
and in all proposals for agreements, including airport concessions, regardless of
funding source:
The Monroe County Board of County Commissioners, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d
to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that for 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."
d. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the DOT, and incorporating the acts and regulations
into the contracts by reference in every contract or agreement subject to
the non-discrimination in Federally-assisted programs of the DOT acts and
regulations.
2. It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3. 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 the sponsor with other
parties:
a. For the subsequent transfer of real property acquired or improved
under the applicable activity,grant, or program; and
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b. For the construction or use of,or access to,space on,over,or under real
property acquired or improved under the applicable activity, grant, or
program.
e. It will provide for such methods of administration for the program as are found
by the Secretary to give reasonable guarantee that it, other recipients, sub-
recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest,and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the acts,
the regulations, and this assurance.
f. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts,the regulations, and this assurance.
10. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any activity that 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.
11. Acquisition Thresholds.
The FAA deems equipment to mean tangible personal property having a useful life greater
than one year and a per-unit acquisition cost equal to or greater than $5,000.
Procurements by micro-purchase means the acquisition of goods or services for which
the aggregate dollar amount does not exceed $10,000. Procurement by small purchase
procedures means those relatively simple and informal procurement methods for
securing goods or services that do not exceed the $250,000 threshold for simplified
acquisitions.
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