Resolution 330-1987
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Monroe County Commission
RESOLUTION NO. 330 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR/CHAIRMAN OF SAID
BOARD TO EXECUTE A DEPARTMENT OF TRANSPORTA-
TION FEDERAL AVIATION GRANT AGREEMENT BY AND
BETWEEN THE UNITED STATES OF AMERICA FEDERAL
AVIATION ADMINISTRATION AND THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CONCERNING PROJECT NO. 3-12-0044-06
- MARATHON AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby approves and
authorizes the Mayor/Chairman of said Board to execute a
Department of Transportation Federal Aviation Grant Agreement by
and between the United States of America Federal Aviation
Administration and the Board of County Commissioners of Monroe
County, Florida, a copy of same being attached hereto, concerning
Project No. 3-12-0044-06 - Marathon Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of September, A.D. 1987.
(Seal)
At t es t: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Page 1 of 5 Pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 ": Offer
Date of Offer
AUG 1 7 1987.
Marathon Airport
Project No. 3-12-0044-06
DTFA06-87-A-80158
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TO: Monroe County Board of County Commissioners
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Avia-
tion Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Appl ication
dated January 30, 1987, for a grant of Federal funds for a project at
or associated with the Marathon Airport which Project Appl ication, as
approved by the FAA, is hereby incorporated herein and made a part
hereof; and '
WHEREAS, the FAA has approved a project for the Marathon Airport
(herein called the "Project") consisting of the following:
Develop Part 150 Noise Study
all as more particularly described in the Project Application.
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Page 2 0 :ges
NOW THEREFORE, pursuant to and for the purpose of carrying out the pro-
visions of the Airport and Airway Improvement Act of 1982, herein call-
ed the "Act," and/or the Aviation Safety and Noise Abatement Act of
1979, and in consideration of (a) the Sponsor's adoption and ratifica-
tion of the representations and assurances contained in said Project
Appl ication and its acceptance of thi s Offer as hereinafter provided,
and (b) the benefits to accrue to the United States and the public from
the accomplishment of the Project and compliance with the assurances
and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION,
FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to
pay, as the United States share of the allowable costs incurred in
accomplishing the Project, Ninety Percent (90%).
This Offer is made on and subject to the following terms and condi-
tions:
Co nd it 1.0 ns
1. The maximum obl igation of the United States payable under thi s
offer shall be $88,457. For the purposes of any future grant
amendments wtlich may increase the foregoing maximum obl igation of
the United States under the provisions of Section 512(b) of the
Act, the following amounts are being specified for this purpose:
$88,457 for planning
$ -0- for land acquisition
$ -0- for airport development or noise program
implementation (other than land acquisition)
2. The allowable costs of the project shall not include any costs
determined by the FAA to be inel igible for consideration as to
allowability under the Att.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance with the provisions of
such regul ations and procedures as the Secretary shall prescribe.
Unless otherwise stated in this grant agreement, any program income
earned by the sponsor duri ng the grant period shall be deducted
from the total allocable project costs prior to making the final
determination of the United States share. Final determination of
the United States share wi 11 be based upon the fi nal audit of the
total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of
costs.
4. The sponsor shall carry out and complete the Project without undue
delay and in accordance with the terms hereof, and such regulations
and procedures as the Secretary shall prescribe, and agrees to
.. comply with the assurances which were made part of the project
appl ication.
5. The FAA: reserves the right to amend or withdraw thi s offer at any
time pri~r to its acceptance by the sponsor.
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Page 3 af Jes
6. This affer shall expire and the United States shall nat be
abligated to. pay any part af the casts af the praject unless this
affer has been accepted by the spansar an ar befare September 7,
1987, ar such subsequent date as may be prescribed in writing by
the FAA.
7. The spansar shall take all steps, including litigatian if neces-
sary, to. recaver Federal funds spent fraudulently, wastefully, ar
in vialatian af Federal antitrust statutes, ar misused in any ather
manner in any praject upan which Federal funds have been expended.
Far the purpases af this grant agreement, the term IIFederal fundsll
means funds hawever used ar di sDursed by the spansar that were
ariginally pa id pursuant to. thi s ar any ather Federal grant agree-
ment. It shall abtain the appraval af the Secretary as to. any
determinatian af the amaunt af the Federal share af such funds. It
shall return the recavered Federal share, including funds recavered
by settlement, arder ar judgment, to. the Secretary. It shall
furni sh to. the Secretary, upan request, all dacuments and recards
pertaining to. the determinatian af the amaunt af the Federal share
ar to. any settl ement, 1 it igatian, negati atian, ar ather effarts
taken to. recaver such funds. All settl ements ar ather fi nal
pasitians af the sponsar, in court ar atherwise, invalving the
recavery af such Federal share shall be appraved in advance by the
Sec reta ry.
8. The United States shall nat be respansible ar liable far damage to.
praperty ar inj ury to. persans which may ari se fram, ar be incident
to., campliance with this grant agreement.
9. It is understaad and agreed that if, during the 1 i fe af the pra-
ject, FAA determines that the grant amaunt exceeds the expected
need s af the sponsar by $5,000 ar 5 percent af the grant amaunt,
whichever is greater, the grant amaunt can be reduced by letter
fram the FAA to. the Spansar advi sing af the budget change. Upan'
issuance af the letter, the maximum abligatian af the United States
under the grant is reduced to. the specified amaunt.
10.
s'pec i.a 1 .Cond it i a ns
The Federal Gavernment daes nat naw plan ar cantemplate the can-
structian af any structures pursuant to. Paragraph 28 af Part V _
Spansar's Assurances which are attached to. and become a part af
this Grant, and, therefare, it is understaad and agreed that the
spansar is under no. abligatian to. furnish any areas ar rights
withaut cast to. the Federal Gavernment under thi s Grant Agreement.
Hawever, nathing cantained herein shall be canstructed as altering
ar changing the rights af the United States and/ar the abligatians
af the spansar under priar grant agreements to. furni sh rent-free
space and/ar such estates or interests in such land ar rights in
buildings far the activities specified in su~h agreements.
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Page 4 or 0 Pages
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11. The Federal Aviation Administration hereby approves the study
design submitted with the Application for Federal Assistance dated
January 30, 1987, as updated per sponsor letter of June 16, 1987.
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Page 5 of 5 Pages
The 'Sponsor's acceptance of thi s Offer and ratification and auul-'don of
the Project Appl ication incorporated herein shall be evidenced by exe-
cution of this instrument by the Sponsor, as hereinafter provided, and
said Offer and Acceptance shall comprise a Grant Agreement, as provided
by the Act, constituting the contractual obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
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R.~ ,II. -, AC.ce t.ance
The Sponsor does hereby ra 1 y an a op a 1 assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in the
Project Application.
Executed thi s day of , 19. . .
UNITED STATES OF AMERICA
FEDERAL AVIATIQ ADMINISTRATION
lce
Monroe County Board of County Commissioners
By
(SEAL)
Titl e
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Lucien .C.. Probv. ~r. , acting as Attorney for
the Sponsor do hereby certi y:
That in my opinion the Sponsor is empowered to enter into the foregoing
Grant Agreement under the 1 aws of the State of Florida. Further, I
have examined the foregoing Grant Agreement and the actions taken by
said Sponsor relating thereto, and find that the acceptance thereof by
said Sponsor and Sponsor's official representative has been duly
authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and the Act.
In addition, for grants involving projects to be carried out on
property not owned by the Sponsor, there are no legal impediments that
wi 11 prevent full performance by the Sponsor. Further, it is my
opinion that the said Grant Agreement constitutes a legal and binding
Obligation of the Sponsor in accord ce with the terms thereof.
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Dated at Key West, Florida
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