Item J7 } J.7
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: J.7
Agenda Item Summary #8252
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
No
AGENDA ITEM WORDING: Ratification and approval of Airport Coronavirus Response Grant
Program (ACRGP) Concession Relief Addendum No. 3-12-0037-066-2021 from the United States
of America acting through the Federal Aviation Administration providing $106,585.00 to the Key
West International Airport to provide relief from rent and minimum annual guarantees (MAG)
obligations, as applicable, to each eligible airport concession. There is no match required for this
grant.
ITEM BACKGROUND: The ACRGP Concessions Relief Addendum amends grant agreement 3-
12-0037-065-2021 for the purpose of adding funds for the Key West International Airport to use to
provide relief from rent and minimum annual guarantees (MAG) obligations, as applicable, to each
eligible airport concession in an amount that reflects each eligible concession's proportional share of
the total amount of the rent and MAGs of all eligible airport concession at the Key West
International Airport, for relief provided no earlier than December 27, 2020.
PREVIOUS RELEVANT BOCC ACTION: On April 15, 2020, the BOCC granted approval for
the Mayor and/or the Director of Airports 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
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EYW-SOG-3-12-0037-066-2021-Grant Agreement(part 1) - signed
FINANCIAL IMPACT:
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Effective Date: Upon Acceptance
Expiration Date: Four(4)years after acceptance
Total Dollar Value of Contract: $106,585.00
Total Cost to County: $-0-
Current Year Portion:
Budgeted: Yes
Source of Funds: 100% FAA grant
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:
REVIEWED BY:
Beth Leto Completed 05/05/2021 4:14 PM
Richard Strickland Skipped 05/06/2021 9:13 AM
Pedro Mercado Completed 05/06/2021 9:24 AM
Purchasing Completed 05/06/2021 9:31 AM
Budget and Finance Completed 05/06/2021 9:33 AM
Maria Slavik Completed 05/06/2021 9:55 AM
Liz Yongue Completed 05/06/2021 10:02 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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U.S.Department FAA Orlando ADO
of Transportation 8427 South Park Circle
ow Federal Aviation Suite 524
Administration Orlando,FL 32819
May 5,2021
Mr. Richard Strickland �+
Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
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SUBJECT: Airport Coronavirus Response Grant Program (ACRGP) Concessions Addendum U
Dear Mr. Strickland:
Please find the following electronic ACRGP Concessions Relief Addendum Offer, Addendum No. 3-12 co
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0037-066-2021 for Key West International Airport.This letter outlines expectations for success. Please '✓
read and follow the instructions carefully.
To properly enter into this agreement,you must do the following: �+
a. The governing body must provide authority to execute the addendum to the individual signing the
addendum; i.e.the sponsor's authorized representative.
b. The sponsor's authorized representative must execute the addendum, followed by the attorney's
certification, no later than June 4, 2021 in order for the addendum to be valid.
c. You may not make any modification to the text,terms or conditions of the addendum offer.
d. The addendum offer must be digitally signed by the sponsor's legal signatory authority and then the
addendum offer will be routed via email to the sponsor's attorney. Once the attorney has digitally
attested to the addendum,an email with the executed addendum will be sent to all parties.
Subject to the requirements in 2 CFR§200.305, each payment request for reimbursement under this
addendum must be made electronically via the Delphi elnvoicing System.The terms and conditions of
this agreement require you drawdown and expend these funds within four years.
An airport sponsor may use these funds to provide relief from rent and minimum annual guarantees
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(MAG)to on-airport car rental, on-airport parking, and in-terminal concessions. N
With each payment request you are required to upload a summary directly to Delphi.The summary
should include at least the list of concessions, baseline numbers for proportional calculations, amount of
rent and MAG relief, and the consultation date with any Airport Concession Disadvantaged Business ,
Enterprise. Please refer to the ACRGP Frequently Asked Questions for further information
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For the final payment request, in addition to the requirement listed above for all payment requests,you
are required to upload directly to Delphi:
• A final financial report summarizing all of the costs incurred and reimbursed, and
• An SF-425, and
• A closeout report.
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Until the addendum is completed and closed,you are responsible for submitting a signed/dated SF-425
annually, due 90 days after the end of each federal fiscal year in which this addendum is open (due
December 31 of each year this addendum is open).
As a condition of receiving Federal assistance under this award,you must comply with audit
requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend
$750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note
that this includes Federal expenditures made under other Federal-assistance programs. Please take
appropriate and necessary action to assure your organization will comply with applicable audit
requirements and standards.
I am readily available to assist you and your designated representative with the requirements stated
herein. We sincerely value your cooperation in these efforts. CL
Sincerely, U
CO
Bart Vernace, P.E.
ManagerCD
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U.S.Department
of Transportation
Federal Aviation
Administration
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP)
CONCESSIONS RELIEF ADDENDUM
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Part I - Offer CL
Federal Award Offer Date May 5,2021
Airport/Planning Area Key West International Airport ,
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ACRGP Addendum Number 3-12-0037-066-2021 W
Unique Entity Identifier 155639339 T)
TO: Monroe County Board of County Commissioners
(herein called the"sponsor")
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FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA an application dated March 6, 2021 to amend Airports 0)
Coronavirus Response Grant Program (ACRGP or"the Agreement") Grant Agreement 3-12-0037-065- 2
2021 to provide relief from rent and minimum annual guarantees (MAG) obligations to each eligible
airport concession at Key West International Airport, in accordance with the Coronavirus Response and
Relief Appropriations Act ("CRRSA Act" or"the Act"), Public Law 116-260, Division M; ,
WHEREAS,the FAA has agreed with the Sponsor to amend its ACRGP Grant Agreement 3-12-0037-065-
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2021 to further allocate$106,585 to fund Concession Relief as defined below;
WHEREAS, the Sponsor has accepted the terms of the FAA's ACRGP Concessions Relief Addendum offer;
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WHEREAS, in consideration of the promises, representations, and assurances provided by the Sponsor, ,
the FAA has approved the ACRGP Concessions Relief Addendum Application for the Key West
International Airport;
WHEREAS, no other terms, conditions, or assurances of the 3-12-0037-065-2021 shall be negated as a
result of this ACRGP Concessions Relief Addendum;
WHEREAS,this ACRGP Concessions Relief Addendum hereby amends 3-12-0037-065-2021 for the
purpose of adding$106,585 for Key West International Airport to use to provide relief from rent and
minimum annual guarantees (MAG) obligations, as applicable,to each eligible airport concession in an
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amount that reflects each eligible airport concession's proportional share of the total amount of the
rent and MAGs of all eligible airport concessions at Key West International Airport, as further defined
herein,for relief provided no earlier than December 27, 2020, until the specified Concession Relief funds
have been fully expended.
NOW THEREFORE, in accordance with the applicable provisions of the Coronavirus Response and Relief 2
Appropriations Act, Public Law 116-260, Division M,the representations contained in the ACRGP
Concessions Relief Addendum Application, and in consideration of, (a) the Sponsor's acceptance of this
Offer for an ACRGP Concessions Relief Addendum,the terms, conditions, and assurances of which are
hereby attached to and made part of the terms, conditions, and assurances agreed to under 3-12-0037-
065-2021 and, (b)the benefits to accrue to the United States and the public from the accomplishment of
the ACRGP Concession Relief Addendum, and in compliance with the conditions and requirements as U
herein provided CL
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY U
OFFERS AND AGREES to pay 100% percent of the allowable costs incurred accomplishing ACRGP
Concessions Relief as a result of and in accordance with this ACRGP Concession Relief Addendum. �-
Assistance Listings Number(Formerly CFDA Number): 20.106 co
This Offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: W
CONDITIONS y
ADDENDUM TO AIRPORT CORONAVIRUS RELIEF GRANT AGREEMENT 3-12-0037-065-2021
1a. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$106,585 to be provided to the airport sponsor for rent relief provided to eligible airport
concessions as described herein.
2a. Period of Performance.This ACRGP Concessions Relief Addendum is subject to the following federal
award requirements:
a. This Addendum does not change the period of performance date prescribed in the ACGRP E
Grant Agreement 3-12-0037-065-2021.
b. This Addendum does not change the budget period prescribed in the ACGRP Grant
Agreement 3-12-0037-065-2021.
c. Close out and Termination.
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1. 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 120 calendar days after the end date of the period of
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performance. If the Sponsor does not submit all required closeout documentation
within this time period,the FAA will proceed to close out the grant within one year
of the period of performance end date with the information available at the end of
120 days. (2 CFR§200.344)
2. The FAA may terminate this ACRGP Concessions Relief Addendum, in whole or in
part, in accordance with the conditions set forth in 2 CFR§ 200.340.
3a. 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.
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4a. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any
part of the costs of the Concessions Relief unless this offer has been accepted by the Sponsor on or
before June 4, 2021, or such subsequent date as may be prescribed in writing by the FAA.
5a. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this Concessions Relief Addendum electronically via the Delphi elnvoicing
System for Department of Transportation (DOT) Financial Assistance Awardees. °'
SUPPLEMENTAL TO ACRGP GRANT AGREEMENT 3-12-0037-065-2021
CONDITION FOR AIRPORT CONCESSIONS RELIEF-
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1. ACRGP Concessions Relief.The Sponsor agrees that it will use the funds in this ACRGP Concessions
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Relief Addendum allocated specifically to cover lawful expenses to provide relief from rent and
minimum annual guarantee obligations to on airport car rental, on-airport parking, and in-terminal c,
airport concessions (collectively referred to herein as "Concessions") as defined in part 23 of title
49, Code of Federal Regulations, in accordance with the CRRSA Act, Public Law 116-260, Division M, >-
Title IV. Use of these funds shall be governed by the following specific conditions defined in the
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CRRSA Act:
a. Relief provided to Concessions must equal the total amount of funds allocated for Concessions
under this ACRGP Concessions Relief Addendum,to the extent practicable and to the extent
permissible under state laws, local laws, and applicable trust indentures;
b. Relief provided to Concessions from rent and minimum annual guarantee obligations to each
eligible airport concession in an amount that reflects each eligible airport concession's
proportional share of the total amount of the rent and minimum annual guarantees of all the
eligible airport concessions at such airport;
c. Relief provided to Concessions shall be prioritized to minority-owned businesses,to the extent
permissible;
d. Relief shall only be provided to Concessions that have certified they have not received a second
draw or assistance for a covered loan under Section 7(a)(37) of the Small Business Act (15 E
U.S.C. 636(a)(37))that has been applied toward rent or minimum annual guarantee costs; and
e. Each Concession provided relief with these funds shall certify to the Sponsor it will not apply for
a covered loan as described above for rent or minimum annual guarantee costs.
The Sponsor agrees that it will provide the FAA with reporting data in lieu of invoices to be
reimbursed for eligible expenses as described herein and certify data submitted is true and correct.
The FAA will provide reporting options for the Sponsor.The Sponsor may not use funds allocated
for Concessions for other airport purposes except that the Sponsor may retain up to two percent of
the amount allocated for Concession relief purposes in this ACRGP Concession Relief Addendum to
administer the Concession relief program. Funds not expended under this condition are subject to
recovery by FAA.
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The Sponsor's acceptance of this Offer and ratification and adoption of the ACRGP Concessions Relief
Addendum Application incorporated herein shall be evidenced by execution of this instrument by the
Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise an ACRGP Concessions
Relief Addendum, as provided by the CRRSA Act, constituting the contractual obligations and rights of
the United States and the Sponsor with respect to the accomplishment of the Concessions Relief and
compliance with the conditions as provided herein. Further,this ACRGP Concessions Relief Addendum
shall be attached to ACRGP 3-12-0037-065-2021. inclusive of all terms, conditions, and assurances y
provided there, and become effective upon the Sponsor's acceptance of this Offer.
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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 o
electronic communications,to receive notices and disclosures electronically, and to utilize electronic CL
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 co
FEDERAL AVIATION ADMINISTRATION W
(Signature)
Bart Vernace
(Typed Name)
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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 ACRGP Concessions Relief Addendum Application and
incorporated materials referred to in the foregoing Offer under this ACRGP Concessions Relief
Addendum, and does hereby accept this Offer and by such acceptance agrees to comply with all of the y
terms and conditions in this Offer. Furthermore,the Sponsor acknowledges all terms, conditions and
assurances in this ACRGP Concessions Relief Addendum are hereby attached to any ACRGP Grant N
Agreements previously or concurrently executed for any other purpose.
Please read the following information: By signing this document,you are agreeing that you have Uo
reviewed the following consumer disclosure information and consent to transact business using CL
electronic communications,to receive notices and disclosures electronically, and to utilize electronic U
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.
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I declare under penalty of perjury that the foregoing is true and correct. W
Executed this May 5,2021
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Monroe County Board of County
Commissioners
(Name of Sponsor)
Richa'' Sfi'lGI�lG1YJ
i,i:l r l tric:: ,3r Nay 5,2C"l 10 57 EDT)
(Signature of Sponsor's Authorized Official)
By. Richard Strickland
(Typed Name of Sponsor's Authorized Official)
Title: Director of Airports
(Title of Sponsor's Authorized Official)
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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 ACRGP Concessions Relief
Addendum under the laws of the State of_Florida . Further, I have examined the foregoing ACRGP
Concessions Relief Addendum and the actions taken by said Sponsor and Sponsor's official v,
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 CRRSA Act. In addition,for grants involving
Concessions Relief to be carried out by the Sponsor,there are no legal impediments that will prevent full
performance by the Sponsor.The Sponsor understands funding made available under this ACRGP o
Concessions Relief Addendum may only be used for the Concessions Relief prescribed in the Act and CL
identified herein.The Sponsor acknowledges all terms, conditions and assurances in this ACRGP
Concessions Relief Addendum are hereby attached to any ACRGP Grant Agreements previously or
concurrently executed for any other purpose a. Further, it is my opinion that the said ACRGP Grant
Agreement and the ACRGP Concessions Relief Addendum attached hereto constitute a legal and binding
obligation of the Sponsor in accordance with the terms thereof. co
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 T
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 at May 5,2021
(Signature of Sponsor's Attorney)
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