Item K03 K.3
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: K.3
Agenda Item Summary #10171
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
N/A
AGENDA ITEM WORDING: Ratification and approval of CARES Act Airport Grant Agreement
Development Addendum No. 3-12-0037-070-2022 from the United States of America acting through
the Federal Aviation Administration, as executed by the Director of Airports, providing
$4,789,697.00 in funding for the Apron Overflow Parking project at the Key West International
Airport. No match is required for this grant.
ITEM BACKGROUND: The Aircraft Overflow Apron project was identified in the 2019 Airport
Master Plan Update. This grant provides funding to construct additional apron for general aviation
aircraft and commercial aircraft in order to enhance airport operational safety and efficiency by
providing supplemental overflow aircraft parking. During peak periods, space for GA aircraft
handling and parking on the existing GA apron is insufficient. In these instances, additional overflow
parking for GA aircraft is accommodated on the commercial apron, which contributes to congested
conditions on the commercial apron.
PREVIOUS RELEVANT BOCC ACTION: On September 15, 2021, the BOCC adopted
Resolution No. 288-2021 authorizing the Director of Airports to execute Airports' FAA and FDOT
grants as received to meet deadlines for returning the grants to the granting agency and expedite use
of grant funds, with grants to be ratified by the BOCC at the next regularly scheduled commission
meeting.
CONTRACT/AGREEMENT CHANGES:
New Grant agreement.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FAA 37-70 W Overflow Parking
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FINANCIAL IMPACT:
Effective Date: 1/11/2022
Expiration Date: 1/10/2026
Total Dollar Value of Contract: $4,789,697.00
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 01/19/2022 2:06 PM
Richard Strickland Completed 01/30/2022 10:05 PM
Pedro Mercado Completed 01/31/2022 10:09 AM
Purchasing Completed 01/31/2022 10:37 AM
Budget and Finance Completed 01/31/2022 10:45 AM
Maria Slavik Completed 01/31/2022 11:25 AM
Liz Yongue Completed 02/01/2022 10:57 AM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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U.S.Department FAA Orlando ADO
0of Transportation 8427 South Park Circle,
0� Federal Aviation Suite 524
Administration Orlando,FL 32819
January 10,2022
Mr. Richard Strickland
Director of Airports �?
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040 CL
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Dear Mr. Strickland:
We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project
No. 3-12-0037-070-2022 at Key West International Airport in Key West, Florida.This letter outlines
expectations for success. Please read the conditions and assurances carefully.
To properly enter into this agreement,you must do the following:
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a. The governing body must provide authority to execute the grant to the individual signing the
grant; i.e.the sponsor's authorized representative.
b. The sponsor's authorized representative must execute the grant by providing their electronic
signature.
c. Once the sponsor's authorized representative has electronically signed the grant,the sponsor's
attorney will automatically be sent via email the grant to provide their electronic signature.
d. You may not make any modification to the text, terms or conditions of the grant offer.
e. Following the attorney's action,the executed grant will be automatically sent to all parties as an
attachment to an email.
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Subject to the requirements in 2 CFR§200.305,each payment request for reimbursement under this CL
grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant 0
Agreement for more information regarding the use of this System.
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The terms and conditions of this agreement require you to complete the project without undue delay.
We will be monitoring your progress to ensure proper stewardship of these Federal funds.We expect
you to submit payment requests for reimbursement of allowable incurred project expenses consistent r"
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with project progress. Should you fail to make draws on a regular basis,your grant may be placed in
"inactive" status,which will affect your ability to receive future grant offers.
Until the grant is completed and closed,you are responsible for submitting formal reports as follows:
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• A signed/dated SF-270 (non-construction projects)or SF-271 or equivalent(construction
projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this
grant is open (due December 31 of each year this grant is open);and
• Performance Reports,which are due within 30 days of the end of a reporting period as follows:
1. Non-construction project: Due annually at end of the Federal fiscal year.
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2. Construction project:Submit FAA form 5370-1, Construction Progress and Inspection
Report at the end of each fiscal quarter.
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 LU
appropriate and necessary action to assure your organization will comply with applicable audit
requirements and standards. �?
Once the project(s) is completed and all costs are determined,we ask that you close the project without
delay and submit the necessary final closeout documentation as required by your Region/Airports
District Office. CL
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Krystal Ritchey, (407)487-7233, is the assigned program manager for this grant and is readily available
to assist you and your designated representative with the requirements stated herein. We sincerely >
value your cooperation in these efforts and look forward to working with you to complete this
important project.
Sincerely, LU
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Bart Vernace, P.E.
Manager
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U.S.Department
of Transportation
Federal Aviation
Administration
CARES ACT AIRPORT GRANT AGREEMENT �?
DEVELOPMENT ADDENDUM
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Part I - Offer
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Federal Award Offer Date January 10,2022
Airport/Planning Area Key West International Airport
CARES Addendum Number 3-12-0037-070-2022
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Unique Entity Identifier 155639339
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 to amend Coronavirus Aid, Relief,and CL
Economic Security Act(CARES Act or"the Act")Airport Grant Agreement 3-12-0037-062-2020 by
application dated November 17,2021,to fund Development at or associated with the Key West
International Airport, included as part of this CARES Act Airport Grant Agreement Development >
Addendum 3-12-0037-070-2022, ("Development Addendum");
WHEREAS,the FAA has agreed with the Sponsor to amend its CARES Act Airport Grant Agreement 3-12- r�
0037-062-2020 to reallocate$4,789,697 of funds awarded under 3-12-0037-062-2020 to fund specific
eligible airport project(s) constituting airport Development at an eligible airport under the Sponsor's
control;
WHEREAS,the Sponsor has accepted the terms of the FAA's CARES Act Airport Grant Agreement
Development Addendum offer;
WHEREAS, no other terms, conditions, or assurances of the 3-12-0037-062-2020 shall be negated as a
result of this Development Addendum, including provisions regarding revenue use, Buy American, and
reporting requirements;
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WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor,
the FAA has approved the Development Addendum for the Key West International Airport consisting of
the following:
Expand GA Apron-Overflow Parking(Construction)-CARES DEVELOPMENT FUNDS
which is more fully described in the Project Grant Application;
WHEREAS,this Development Addendum hereby amends 3-12-0037-062-2020 for the purpose of
reallocating$4,789,697 of the funds originally provided under 3-12-0037-062-2020 to permit Key West �?
International Airport to use not more than that amount to reimburse Key West International Airport for
expenses incurred no earlier than March 27, 2020, until the specified Development funds have been
fully expended, provided such expenses are directly related to eligible Development described in the CL
Project Grant Application and listed below; and o
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NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law 116-136,
the representations contained in the Project Grant Application, and in consideration of, (a)the Sponsor's
acceptance of this Offer for the Development described in the Project Grant Application for 3-12-0037-
070-2022,the terms,conditions, and assurances of which are hereby attached to and made part of the
terms, conditions, and assurances agreed to under 3-12-0037-062-2020; and, (b)the benefits to accrue >-
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to the United States and the public from the accomplishment of the Development Addendum, and in
compliance with the conditions as herein provided.
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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 accomplishing the
Development as a result of and in accordance with this Development Addendum.
Assistance Listings Number(Formerly CFDA Number):20.106
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This Offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:
CONDITIONS
SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-12-0037-062-2020 CONDITIONS#1-23
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1a. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$4,789,697.
The following amounts represent the calculation(s)of the maximum total obligation by funding
group, as originally allocated under 3-12-0037-062-2020, made available under the provisions of
Public Law 116-136,which are hereby reallocated from 3-12-0037-062-2020 and assigned to 3-12- r�
0037-070-2022 for the Development identified in the application:
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Key West International EYW$1,690,471 KE2022
Key West International EYW$3,099,226 KP2022
2a. Grant Performance.This Development Addendum is subject to the following Federal award
requirements:
a. Period of Performance:
1. Remains the same as initial CARES Agreement 3-12-0037-062-2020,which is 4 years(1,460
calendar days)from the date of acceptance of that Grant Agreement.The Period of
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Performance end date shall not affect, relieve,or reduce Sponsor obligations and
assurances that extend beyond the closeout of the Grant Agreement or this Development
Addendum.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date,which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations(CFR) § 200.1).
b. Budget Period:
1. For this Addendum follows the same start and end date as the Period of Performance
provided in Paragraph a.1. Pursuant to 2 CFR§ 200.403(h),the Sponsor may charge to the
Grant only allowable costs incurred during the Budget Period. CL
2. Means the time interval from the start date of a funded portion of an award to the end o
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to§ 200.308.
c. Close Out and Termination:
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 Performance. If the Sponsor
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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 Development Addendum, in whole or in part, in accordance
with the conditions set forth in 2 CFR§200.340,or other Federal regulatory or statutory
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authorities as applicable.
6a. Completing the Development Without Delay and in Conformance with Requirements.The Sponsor W
must carry out and complete the Development without undue delays and in accordance with this
Development Addendum,and the regulations, policies,and procedures of the Secretary of —
Transportation ("Secretary"). Per 2 CFR§200.308,the Sponsor agrees to report to the FAA any
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disengagement from performing the Development under the Development Addendum that exceeds
three months or a 25 percent reduction in time devoted to the project, and request prior approval
from FAA.The report must include a reason for the Development stoppage.The Sponsor agrees to
comply with the attached assurances,which are part of this Development Addendum and any other
addendum that may be attached hereto at a later date by mutual consent. All terms,conditions,
and assurances are hereby attached to and made part of the terms,conditions, and assurances r�
agreed to under 3-12-0037-062-2020.
7a. 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.
8a. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any m
part of the costs of the Development unless this offer has been accepted by the Sponsor on or
before February 11,2022,or such subsequent date as may be prescribed in writing by the FAA.
12a. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Development Addendum electronically via the Delphi elnvoicing
System for Department of Transportation (DOT) Financial Assistance Awardees.
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22. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all Development in this Development Addendum. If the Sponsor fails to comply with
this requirement,the FAA may suspend, cancel, or terminate this Development Addendum.
23. Exhibit"A" Property Map.The Exhibit"A" Property Map dated April 2, 2004, is incorporated herein
by reference or is submitted with the Project Grant Application and made part of this Development
Addendum.
24. Informal Letter Amendment of CARES Development.The FAA can issue an informal letter
amendment that modifies the Development description in the Project Grant Application to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment. 0
SPECIAL CONDITIONS
SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-12-0037-062-2020 SPECIAL
CONDITIONS,AS APPLICABLE
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7. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an
effective airport pavement maintenance management program.The Sponsor agrees that it will use
the program for the useful life of any pavement constructed, reconstructed,or repaired with
federal funds at the airport.The Sponsor further agrees that the program will:
a. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements,"for specific guidelines and procedures for maintaining airport pavements,
establishing an effective maintenance program, specific types of distress and its probable
cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and
Reference, meeting the following requirements: 0
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1. Pavement Inventory.The following must be depicted in an appropriate form and level of
detail:
A. Location of all runways,taxiways, and aprons;
B. Dimensions;
C. Type of pavement;and,
D. Year of construction or most recent major rehabilitation.
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2. Inspection Schedule.
A. Detailed Inspection. A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i.e., Pavement Condition
Index(PCI) survey as set forth in the Advisory Circular 150/5380-6,the frequency of
inspections may be extended to three years.
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B. Drive-By Inspection.A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition. For drive-by
inspections,the date of inspection and any maintenance performed must be recorded.
3. Record Keeping.Complete information on the findings of all detailed inspections and on
the maintenance performed must be recorded and kept on file for a minimum of five
years.The type of distress, location, and remedial action,scheduled or performed, must be LU
documented.The minimum information is:
A. Inspection date;
B. Location;
C. Distress types; and CL
D. Maintenance scheduled or performed. o
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4. Information Retrieval System.The Sponsor must be able to retrieve the information and >
records produced by the pavement survey to provide a report to the FAA as may be
required.
8. Plans and Specifications Approval.The Sponsor understands and agrees that it will carry out the LU
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Development in accordance with policies, standards,and specifications approved by the FAA and
applicable laws.
9. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Development Addendum is executed, including Executive Order 14005,
Ensuring the Future Is Made in All of America by All of America's Workers.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project 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 Development Addendum, 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 Development and compliance with the assurances and conditions _
as provided herein. Such Development Addendum 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 CL
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and o
withdraw your consent at any time.
1 declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION A MINISTRATION r�
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(Signature)
Bart Vernace
(Typed Name) py
Manager
(Title of FAA Official) W
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' Knowingly and willful)g y y providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,
covenants, and agreements contained in the Project Grant Application and incorporated materials _
referred to in the foregoing Offer under this Development Addendum,and does hereby accept this Offer
and by such acceptance agrees to comply with all of the terms and conditions in this Offer,and hereby
acknowledges all terms,conditions and assures in any CARES Act Airport Grant Agreements previously
or concurrently executed for any other purpose are attached to this Development Addendum.
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 CL
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.
1 declare under penalty of perjury that the foregoing is true and correct.'
Executed this day of January 11,2022
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Monroe County Board of County
Commissioners
(Name of Sponsor)
Richard SlricMand(Jan.11,202214:14 ESA) �-
(Signature of Sponsors Authorized Official) W
By: Richard Strickland
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(Typed Name of Sponsors Authorized Official)
Title: Director of Airports
(Title of Sponsors Authorized Official)
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' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
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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 Project Grant Amendment
under the laws of the State of Florida . Further, I have examined the foregoing Development
Addendum 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 c,
laws of the said State and the CARES Act. In addition,for grants involving Development to be carried out
on property not owned by the Sponsor,there are no legal impediments that will prevent full
performance by the Sponsor.The Sponsor understands funding made available under this Development
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Addendum may only be used for the Development identified herein and all terms,conditions and
assurances in any CARES Act Airport Grant Agreements previously or concurrently executed for any o
other purpose are attached to this Development Addendum. Further, it is my opinion that the said
Development Addendum and all CARES Act Grant Agreements attached hereto constitute a 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 r;
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.
1 declare under penalty of perjury that the foregoing is true and correct.3
Dated this day of January 11,2022
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(Signature of Sponsors Attorney)
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a Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
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ASSURANCES
AIRPORT SPONSORS
SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-12-0037-062-2020 AIRPORT SPONSOR
ASSURANCES#1-11 IN ADDITION TO THE(A)GENERAL AND(B)SPONSOR CERTIFICATIONS
A. General.
3. These assurances are required to be submitted as part of the Project Grant 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 116-136 for eligible Airport
Development. As used herein,the term "public agency sponsor" means a public agency with CL
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. 0
4. Upon acceptance of this Development Addendum by the sponsor,these assurances are
incorporated in and become part of this Development Addendum and all CARES Act Airport
Grant Agreements 3-12-0037-062-2020, previously or concurrently executed and attached
hereto. >-
B1. Development Addendum Sponsor Certification. r�
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The sponsor hereby assures and certifies,with respect to this Development Addendum 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
Development Addendum, in addition to all applicable Federal laws, regulations,executive orders,
policies,guidelines, and requirements included in all CARES Act Airport Grant Agreements 3-12-
0037-062-2020, previously or concurrently executed and attached hereto,and including but not
limited to the following: >-
FEDERAL LEGISLATION
y. Davis-Bacon Act—40 U.S.C. 276(a), et seq.
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FEDERAL REGULATIONS
r. 14 CFR Part 1S0—Airport noise compatibility planning. >
s. 49 CFR Part 23—Participation of Disadvantaged Business Enterprise in Airport Concessions.
t. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.
C. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects.
The terms,conditions and assurances of this Development Addendum and all CARES Act
Airport Grant Agreements attached hereto shall remain in full force and effect throughout
the useful life of the facilities developed or equipment acquired for an airport development
or noise compatibility program project,or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not
to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds
for the project. However,there shall be no limit on the duration of the assurances regarding
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Exclusive Rights,Airport Revenue Use and Civil Rights so long as the airport is used as an
airport. Also,there shall be no limit on the duration of the terms, conditions,and
assurances with respect to real property acquired with federal funds.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten(10)years from the date of acceptance of Federal aid for the
project.
PECIFIC ASSURANCES CL
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this Development Addendum, in addition >
to those included in all CARES Act Airport Grant Agreements 3-12-0037-062-2020, previously or
concurrently executed.
3A. Good Title. >-
For Development, including noise compatibility program projects, to be carried out on the property r�
of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon
which Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
4. Preserving Rights and Powers.
d. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will not sell,
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lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or,for a noise compatibility program project, >-
that portion of the property upon which Federal funds have been expended,for the duration of
the terms, conditions, and assurances in this Development Addendum without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code,to assume the obligations of this Development Addendum and to have the power, CL
authority, and financial resources to carry out all such obligations,the sponsor shall insert in
the contract or document transferring or disposing of the Sponsor's interest,and make binding
upon the transferee all of the terms,conditions,and assurances contained in this Development >
Addendum and all CARES Act Airport Grant Agreements previously or concurrently executed
and attached hereto.
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8A. Reports and Inspections.
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It will:
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. for airport development, make the airport and all airport records and documents affecting the
airport, including deeds, leases,operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
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c. for noise compatibility program projects, make records and documents relating to the
Development and continued compliance with the terms, conditions, and assurances of this
Development Addendum and all CARES Act Airport Grant Agreements previously or
concurrently executed and attached hereto, including deeds, leases,agreements, regulations,
and other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
d. 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
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2. all services and property provided by the airport to other units of government and the
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amount of compensation received for provision of each such service and property.
12. Sponsor Fund Availability. >
It has sufficient funds available to assure operation and maintenance of items funded under this
Development Addendum which it will own or control.
13. Minimum Wage Rates.
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It shall include, in all contracts in excess of$2,000 for work on any Development funded under this
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Development Addendum which involves labor, provisions establishing minimum rates of wages,to
be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended
(40 U.S.C. 276a through 276a-5),which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
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14. Veterans' Preference.
It shall include in all contracts for work on any Development funded under this Development W
Addendum which involves labor,such provisions as are necessary to insure that, in the employment
of labor(except in executive, administrative,and supervisory positions), preference shall be given
to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans,disabled veterans, CL
and small business concerns owned and controlled by disabled veterans as defined in Section 47112
of Title 49, United States Code. However,this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates. >
15. Planning for Development Projects.
In carrying out planning Development: r"
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It will execute the Development in accordance with the approved program narrative contained
in the Project Grant Application or with the modifications similarly approved.
a. It will furnish the Secretary with such periodic reports as required pertaining to the planning
Development and planning work activities.
b. It will include in all published material prepared in connection with the planning Development a
notice that the material was prepared using federal funds provided by the United States.
c. It will make such material available for examination by the public,and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
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d. It will give the Secretary unrestricted authority to publish,disclose, distribute,and otherwise
use any of the material prepared in connection with this Development Addendum.
e. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
f. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the Development,only if the employees are not qualified.
g. It understands and agrees that the Secretary's approval of this Development Addendum or the
Secretary's approval of any planning material developed as part of this Development
Addendum does not constitute or imply any assurance or commitment on the part of the CL
Secretary to approve any pending or future application for a Federal airport grant.
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16. Operation and Maintenance.
The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal,state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with r;
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith,with due regard to climatic and flood conditions.Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for-
1. Operating the airport's aeronautical facilities whenever required;
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2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and >-
3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. W
Nothing contained herein shall be construed to require that the airport be operated for —
aeronautical use during temporary periods when snow,flood or other climatic conditions
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interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration,or replacement of any structure or
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facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
a. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
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17. Hazard Removal and Mitigation.
As required by 49 U.S.C.40103,the safety of air transportation has been delegated to the FAA.To
assure safety of flight,the airport sponsor will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport(including
established minimum flight altitudes)will be adequately cleared and protected by removing,
lowering, relocating, marking,or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
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18. Airport Layout Plan.
Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, and to assure
safe and efficient operation of aircraft or safety or people on the ground related to aircraft
operations,the sponsor will update the airport layout plan to reflect changes to it if any of the
funds provided by the CARES Act affect the following:
1. Boundaries of the airport and all proposed additions thereto,together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. The location and nature of all existing and proposed airport facilities and structures(such
as runways,taxiways,aprons,terminal buildings, hangars and roads), including all CL
proposed extensions and reductions of existing airport facilities; o
3. The location of all existing and proposed non-aviation areas and of all existing
improvements thereon;and >
4. All proposed and existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision,or modification
thereof,shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face r;
of the airport layout plan.The sponsor will not make or permit any changes or alterations
in the airport or any of its facilities which are not in conformity with the airport layout plan
as approved b the Secretary and which might, in the opinion of the Secretary, adversely pp Y Y g � p� Y� Y
affect the safety, utility or efficiency of the airport.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, if a change or ,
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary,the owner or operator will, if requested, by the Secretary(1)eliminate such adverse
effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property
(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such
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property(or replacement thereof)to the level of safety, utility,efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities except in the case of a
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relocation or replacement of an existing airport facility due to a change in the Secretary's
design standards beyond the control of the airport sponsor.
19. Policies,Standards,and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars for AIP projects as of November 17, 2021.
20. Relocation and Real Property Acquisition.
It will be guided in acquiring real property,to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
a. It will provide a relocation assistance program offering the services described in Subpart C and
fair and reasonable relocation payments and assistance to displaced persons as required in
Subpart D and E of 49 CFR Part 24.
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b. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
21. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take all
necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts,and/or concession contracts.The sponsor's
DBE and ACDBE programs,as required by 49 CFR Parts 26 and 23, and as approved by DOT, are CL
incorporated by reference in this Development Addendum and all CARES Act Airport Grant o
Agreements previously or concurrently executed and attached hereto. Implementation of these
programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
Development Addendum. Upon notification to the Sponsor of its failure to carry out its approved
program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
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Current FAA Advisory Circulars Required for Use in AIP Funded and PFC
Approved Projects
View the most current versions of FAA's Advisory Circulars(A/Cs) here:
https.1 www.faa.Eov regulations policiesladvisor circulars)
Airports A/Cs are found in the 150 series. In addition Airspace A/Cs,found in the 70 series, also may
apply for certain projects. U
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