Item C22 C.22
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.22
Agenda Item Summary #6975
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
No
AGENDA ITEM WORDING: Approval of Amendment to Memorandum of Agreement (MOA)
with Federal Aviation Administration (FAA) and the Florida Keys Marathon International Airport
(Airport), to add the FAA's proposed Remote Center Air/Ground (RCAG) Communications
Facilities to the MOA's "List of Facilities" and to add in the FAA's proposed "Section 13 Limitation
on Liability" to the agreement.
ITEM BACKGROUND: The Airport currently holds a MOA with the FAA, in the interest of both
parties, to construct, operate, relocate and maintain FAA owned navigation, communication and
weather aid facilities in areas of the Airport that have been mutually determined and agreed upon.
The requested additions are to permit the addition of the RCAG Communications Facilities to the
Airport.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the MOA on May 16, 2006;
approved Supplemental Agreement No. 1 for the addition of Section 12A and Section 12B on
December 19, 2007.
CONTRACT/AGREEMENT CHANGES:
Effective July 1, 2020 the MOA will be amended to include the new"Section 13 Limitation on
Liability" and to include "RCAG" on the List of Facilities included with the MOA.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MTH RCAG MOA AMENDMENT 41
FINANCIAL IMPACT:
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Effective Date: July 1, 2020
Expiration Date: September 30, 2026
Total Dollar Value of Contract: -0-
Total Cost to County: -0-
Current Year Portion:
Budgeted: No
Source of Funds: NA
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
none.
REVIEWED BY:
Beth Leto Completed 06/02/2020 3:00 PM
Richard Strickland Completed 06/02/2020 3:16 PM
Pedro Mercado Completed 06/02/2020 3:25 PM
Purchasing Completed 06/02/2020 3:27 PM
Budget and Finance Completed 06/02/2020 3:44 PM
Maria Slavik Completed 06/02/2020 4:19 PM
Kathy Peters Completed 06/02/2020 4:29 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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AMENDMENT NO. 1
MEMORANDUM OF AGREEMENT
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVAITION ADMNISTRATION
NO. DTFASO-66-L-00099
THIS AMENDMENT, entered into this 1st day of July; Two Thousand and Twenty, between
Monroe County as the owner of the Marathon Airport hereinafter called the Lessor, and the United
States of America, acting by and through the DEPARTMENT OF TRANSPORTATION, Federal
Aviation Administration (FAA), Southern Region, P.O. Box 20636, College Park, Georgia 30320,
hereinafter called the Government;
WHERAS, the parties listed above have entered into a Memorandum of Agreement (MOA) No.
DTFASO-06-L-00099, dated June 6, 2006, providing for the construction, operation, and
maintenance of FAA owned navigation, communication and weather aids for the support of air
traffic operations; and
WHEREAS, it is the desire of the parties to amend the MOA, to establish a Remote Center i
Air/Ground (RCAG) Communications Facilities (project associated number JCN 1002835) inside
the Airport property; and
WHEREAS, both parties agree the establishment, operation, and maintenance of systems for air
traffic control, navigation, communication, and weather reporting is in the primary interest of safety
and direct support of the ongoing operation of the Marathon Airport.
NOW, THEREFORE, the parties hereto covenant and agree that the said Lease is hereby
amended as follows without change in the terms and conditions specified therein unless otherwise
herein provided effective July 1, 2020:
Section 13 is hereby added as follows:
13. LIMITATION ON LIABILITY (Jun-20)
Section 3312 of Title 40 of the United States Code instructs that, "The federal government shall
perform any construction or alterations in conformance with 40 U.S.0 3312, Compliance with
Nationally Recognized Codes."This statute requires the FAA to"consult with appropriate officials"
and "on request shall submit the plans ... for review", and to "permit inspection." Id. FAA is
required to "give due consideration to the recommendations" of the local agency. Id. However,
"The Government and its contractors shall not be required to pay any amount for any action a
State or a political subdivision of a State takes to carry out this section, including reviewing plans,
carrying out on-site inspections, issuing building permits, and making recommendations." Id.
Exhibit A List of Facilities is amended as follows:
GSA
Number Facility Number Control Comments
Number
1 ASOS Previous Lease No. DTFASO-00-L-20250
2 RCO/H Previous Lease No. DOTFAQSO-10204
3 REIL 7 Previous Lease No. DTFASP-91-L-1 1887
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4 NDB 7 Previous Lease/Permit No. DOTFATQSO-
10204
5 RCAG No Previous Lease
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
first about written.
(SEAL) BOARD OF COUNTY COMMISSIONERS _
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
e(
By By
Deputy Clerk Mayor/Chairman
i
UNITED STATE OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By:
(Signature) (Official Title) (Date)
NROE COUNTY ATMNEY
HOVE E
RED �J.
h SI U1 ATTORNEY
Date 6 2 20
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U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL. AVIATION ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFASO-06-L-00099
MARATHON AIRPORT
This agreement is made and entered into by the MARATHON AIRPORT, hereinafter referred to
as the AIRPORT, for itself, its successors and assigns, and the Federal Aviation Administration,
hereinafter referred to as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in the
technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for
air traffic control, navigation, communication, and weather reporting is in the primary interest of
safety and direct support of the ongoing operation of the MARATHON AIRPORT, Marathon,
Florida.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (Jun-04):
It is mutually understood and agreed that the AIRPORT requires FAA navigation aid facilities in
order to operate their business and that the FAA requires navigation, communication and
weather aid facilities at the MARATHON AIRPORT, in order to support Air Traffic Operations.
Thus, in the interest of both parties it is hereby agreed that the AIRPORT will allow the FAA to
construct, operate, relocate and maintain FAA owned navigation, communication and weather
aid facilities in areas on the AIRkaPRT that have been mutually determined and agreed upon for
the term commencing on , 2006 and continuing through September 30, 2026.
The FAA may terminate this agrWement, in whole or in part at any time by giving at least (60)
days notice in writing. Said notice shall be sent by certified or registered mail.
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining pole lines or under ground lines for extending electrical
power and/or telecommunications lines to the premises; including a right-of-way for subsurface
power, communication and/or water lines to the premises; all right-of-ways to be over the area
referred to as MARATHON AIRPORT to be routed as reasonably determined to be the most
convenient to the FAA and as not to interfere with Airport operations. The AIRPORT shall have
the right to review and comment on plans covering access and utility rights-of-way under this
paragraph.
Federal Aviation Administration nDTFASO-06-L-00099 DUPLICATE 0KIWAL
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(b) And the right to grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstructions from the premises which may
constitute a hindrance to the establishment and maintenance of navigational aid systems. The
AIRPORT shall have the right to review and comment on plans covering work permitted under
this paragraph.
(c) And the rights to make alterations, attach fixtures, and erect additions, structures or
signs, in direct support of the AIRPORT. The AIRPORT shall have the right to review and
comment on plans covering work permitted under this paragraph.
(d) And the right to park, without cost, all official and privately owned vehicles used for
the maintenance and operation of the air navigational facilities. Parking shall be provided
adjacent to the navigational aid facility or as near as possible without interfering with the
operation of the Airport.
2. CONSIDERATION (Aug- 02):
The FAA shall pay the AIRPORT no monetary consideration, it is mutually agreed that the rights
extended to the FAA herein are in consideration of the obligations assumed by the FAA in its
establishment, operation, and maintenance of navigational aid facilities upon the premises.
3. PURPOSE (Apr-05):
It is understood and agreed that the use of the herein described premises, known as the
MARATHON AIRPORT, shall be related to the FAA's activities in support of Air Traffic
operations.
4. FAA FACILITIES A r-05
The FAA facilities covered by this agreement are identified on the most current approved Airport
Layout Plan (ALP) and/or other pertinent drawings that is made part of this agreement by
reference and shown on the attached FAA "List of Facilities".
5. TITLE TO IMPROVEMENTS (Apr-05): ca
Title to the improvements constructed for use by the FAA during the life of this agreement shall
be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (Mav-00):
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the
FAA facility premises that is found to have occurred as a direct result of the installation,
operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The
AIRPORT agrees to remediate or have remediated at its sole cost, any and all other hazardous
substance contamination found on the FAA facility premises. The AIRPORT also agrees to
save and hold the U.S. Government harmless for any and all costs, liabilities and/or claims by
third parties that arise out of hazardous contamination found on the FAA facility premises that
are not directly attributable to the installation, operation and/or maintenance of the facilities on
the attached FAA "List of Facilities."
Federal Aviation Administration DUPUCATE �
DTFASO-06-L-00099 2
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7. INTERFERENCE WITH FAA OPERATIONS Oct-96 :
The AIRPORT agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the AIRPORT'S boundaries that may interfere with the proper
operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of
the AIRPORT or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES Oct-96 :
The AIRPORT agrees that any relocation, replacement, or modification of any existing or future
FAA navigational aid systems made necessary by AIRPORT improvements or changes, which
interferes with the technical and/or operational characteristics of the facility, will be at the
expense of the AIRPORT, with the exception of any such improvements or changes which are
made at the request of the FAA. In the event such relocations, replacements, or modifications
are necessary due to causes not attributable to either the AIRPORT or the FAA, funding
responsibility shall be determined by mutual agreement between the parties.
9. ANTI-KICKBACK (OCT-96):
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, i
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States Government
or in the contract price charged by a subcontractor to a prime contractor or higher tier
subcontractor.
10. COVENANT AGAINST CONTINGENT FEES AUG-02 :
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this warranty, the Government shall have
the right to annul this contract without liability or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of the contingent fee.
11. OFFICIALS NOT TO BENEFIT OCT-96 :
No member of or delegate to Congress, or resident commissioner, shall be admitted to any ca
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit.
12. NON-RESTORATION (Oct-96):
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall
have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is
the subject matter of this agreement. It is further agreed that the FAA may abandon in place any
or all of the structures and equipment installed in or located upon said property by the FAA
during its tenure. Such abandoned equipment shall become the property of the AIRPORT.
13. NOTICES Oct-96 :
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
Federal Aviation Administration DUPLICATE OIG'1'R '111 I� 3
DTFA50-06-L-00099
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TO AIRPORT: Marathon Airport
9400 Overseas Highway
Marathon, Florida 33050
TO FAA: Federal Aviation Administration, Southern Region
Attn: Real Estate Branch, ASO-56
1701 Columbia Avenue
College Park, GA 30337
14. Previous Lease(sMareement(s)
This agreement supersedes and hereby terminates the following Land Leases/Licenses as of
the effective date of this agreement:
ASOS DTFASO-00-L-20250
RCO/H DTFASO-10204
REIL/Rwy.7 DTFASO-91-L-11867
15. CONCURRENCES:
i
The AIRPORT and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative (s). This
agreement is effective upon the date of signature by the last party thereof. W
MARATHON AIRPO
By Ma or May 16, 2006
(sig ur � I (date)
UNITED STATES OF AMERICA,
FEDERAL AVIATION ADMINISTRATIO y L
OW
By A15k-)t, Real {'tin Officer
�Yfia J. LaMar (official title) ( te)
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DTFASO-06-L-00099 DUPLICATE ORIGINAL
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List of Facilities
MEMORANDUM OF AGREEMENT
#DTFASO-06-L-00099
MARATHON AIRPORT
RIW GSA
Facility Number Control Comments
Number Number
1 ASOS Previous Lease No. DTFASO-00-L-20251
2 RCO/H Previous Lease No. DOTFAQSO-10204
3 REIL 7 Previous Lease No. DTFASO-91-L-1 188'
i
Federal Aviation Administration DUPLICATE ORIGINAL 5
DTFASO-06-L-00099
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SUPPLEMENTAL AGREEMENT NO. 1
MEMORANDUM OF AGREEMENT
NO. DTFASO-06-L-00099
THIS SUPPLEMENTAL AGREEEMENT, entered into this 19t.h day of
December ; Two Thousand and Seven, between Marathon Airport
hereinafter called the Lessor, and the United States of America, acting by and through
the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration (FAA),
Southern Region, P.O. Box 20636, College Park, Georgia 30320, hereinafter called the
Government;
WHEREAS, it is the desire of the parties to amend FAA Memorandum of
Agreement No. DTFASO-06-L-00099, dated June 6, 2006, whereby the Lessor leases to
the Government land for all no-cost NAVAID facilities located on-airport at the Marathon
Airport.
NOW, THEREFORE, the parties hereto covenant and agree that the said Lease
is hereby amended as follows without change in the terms and conditions specified
therein unless otherwise herein provided effective October 1, 2007:
Section 12 is hereby added as follows:
12A. WHEREAS: Pursuant to 49 U.S.C. 47107(a)(12), the GRANTOR is required to z
furnish to the UNITED STATES OF AMERICA, hereinafter referred to as the
GOVERNMENT, property interests in land or water areas or buildings that the
GOVERNMENT decides are desirable for, and that will be used for, facilities for carrying
out activities related to air traffic control or navigation without charge;
WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the
GOVERNMENT, and of the covenants and agreements to be kept and.performed by the
GOVERNMENT, the GRANTOR, pursuant to 49 U.S.C. 47107(a)(12), does by these
presents hereby grant to the GOVERNMENT, at no cost, a License for the use of the
premises, services, and facilities hereinafter described, or those of other mutually
acceptable locations for the installation, operation, maintenance, repair, replacement,
fueling, and removal of Automated Surface Observing System (ASOS) equipment. Such
equipment may include, but is not limited to: an Acquisition Control Unit (ACU), Data
Collection Package (DCP) and combined sensor group(s), communications and
peripheral equipment, antenna(s), connecting cables together with primary electrical
power, stand-alone battery backup power, standby engine generator and fuel supply,
standby fuel cell, and connections to an acceptable alternative standby power supply for
operation of the GOVERNMENT-OWNED equipment; and
12B. The NATIONAL WEATHER SERVICE (NWS) is mandated by law to provide
standby power for the Automated Surface Observing System (ASOS) to prevent the loss
of mission critical weather data that is vital to the protection of life and property during a
power outage. The Government's equipment shall include a standby power supply
provided by a generator and liquid propane fuel supply, fuel cell, or acceptable
alternative standby power source and necessary connections. The Government or its
contractor shall be allowed reasonable access to install, operate, maintain, repair,
replace, fuel, and remove the standby power supply.
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IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as
of the date first about written.
MARATHON AIRPORT
BY: DATE .:
(gig ture) �$
TITLE: MAYOR `` � ` L max
U.S. DEPARTMENT OF TRANSPORTATION ,
Federal iatio� Admi ' tr 'on «w•_--
BY: DATE: d I/a�Vl vZOO '
TMA V LAMAR
TITLE: MANAGER REAL ESTATE BRANCH
MO OE COUNTY TOR EY
PROVED AS �'F!
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t�st�(�"�• �
RE:
ASSISTANT CO NTY ATTORNEY
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