Resolution 331-1987
-~..,.-..." - '"
Monroe County Commission
RESOLUTION NO. 331 -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. 3-12-0037-03
- KEY WEST INTERNATIONAL 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 the 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. 3-12-0037-03 - Key West International 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
( Seal)
DANNY L. KOLHAGE, Clerk
Attest:' --
J:21.~~ry/~/
'.i~V
"f~' .
Page 1 of 5 Pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
P.ar.t 1,-, .O.f.f.er
,~
.
Date of Offer
AUG 1 7 1987
Key West International Airport
Project No. 3-12-0037-03
DTFA06-87-A-80157
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 Key West International Airport which Project
Application, as approved by the FAA, is hereby incorporated herein and
made a part hereof; and I
WHEREAS, the FAA has approved a project for the Key West International
Airport (herein called the "Project") consisting of the following:
Develop Part 150 Noise Study
all as more particularly described in the Project Application.
..
,...
Page 2 c ages
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
App1 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%).
Thi sOffer is made on and subj ect to the follow; ng terms and cond i-
tions:
CO.nd it i o.ns
1. The maximum obligation of the United States payable under this
offer shall be $84,011. For the purposes of any future grant
amendments \'ktich 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:
$84,011 for planning
$ -0- for land acquisition
$ -0- for airport development or noise program
implementation (other than land acquisition)
The allowable costs of the project shall not include any costs
determined by the FAA to be ine1 igib1e for consideration as to
a110wabi1ity under the Act.
2.
3.
Payment of the United States share of the allowable project costs
wi 11 be made pursuant to and in accordance wi th the provi si ons of
such regu1 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 will be based upon the final 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 camp1 ete the Project without undue
del ay and in accordance with the terms hereof, and such regul ations
and procedures as the Secretary shall prescribe, and agrees to
comply with the assurances \'ktich were made part of the project
app1 ication.
..
5.
The FAA; reserves the right to amend or withdraw this offer at any
time prior to its acceptance by the sponsor.
Page 3 of ~ Pages
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless this
offer has been accepted by the sponsor on or before September 7,
1987, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if neces-
sary, to recover Federal funds spent fraudulently, wastefully, or
in violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended.
For the purposes of thi s grant agreement, the term II Federal fundsll
means funds however used or di sbursed by the sponsor that were
originally paid pursuant to this or any other Federal grant agree-
ment. It shall obtain the approval of the Secretary as to any
determination of the amount of the Federal share of such funds. It
shall return the recovered Federal share, including funds recovered
by settlement, order or judgment, to the Secretary. It shall
furni sh to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final
positions of the sponsor, in court or otherwise, involving the
recovery of such Federal share shall be approved in advance by the-;
Sec reta ry .
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
to, compliance with this grant agreement.
9. It is understood and agreed that if, during the life of the pro-
ject, FAA determines that the grant amount exceeds the expected
needs of the sponsor by $5,000 or 5 percent of the grant amount,
whichever is greater, the grant amount can be reduced by letter
from the FAA to the Sponsor advi si ng of the budget change. Upon
issuance of the letter, the maximum obligation of the United States
under the grant is reduced to the specified amount.
Spec ia 1 Co,nd i.t i.o.ns
The Federal Government does not now plan or contemplate the con-
struction of any structures pursuant to Paragraph 28 of Part V -
Sponsor's Assurances which are attached to and become a part of
t hi s Grant, and, therefore, it is understood and agreed that the
sponsor is under no obligation to furnish any areas or rights
without cost to the Federal Government under thi s Grant Agreement.
However, nothing contained herein shall be constructed as altering
or changing the rights of the United States and/or the obligations
of the sponsor under prior grant agreements to furni sh rent-free
space and/or such estates or interests in such land or rights in
buildings for the activities specified in such agreements.
10.
..
"
Page 4 of 5 Pages
11. The Federal Aviation Administration hereby approves the study
design submitted with the App1 ication for Federal Assistance dated
January 30, 1987, as updated per sponsor letter of June 16, 1987.
12. It is understood and agreed that within 30 days of the grant
acceptance the sponsor wi 11 c1 ear the approach surface to Runway 9~
to the required 34:1.
...
",
.. ,
Page 5 0 Iges
The Sponsor's acceptance of this Offer and ratification and adoption 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 wi th respect to the accompl i shment of the
Project and compl iance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
I 1.- Ac,c.e tance
The Sponsor does hereby r 1 y an a opt 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 AVIATION ADMINISTRATION
lce
Monroe County Board of County Commissioners
By
(SEAL)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, T.nr;en, r. prnhx." Tr ' , acting as Attorney for
the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing
Grant Agreement under the 1 aws of the State of Florida. Further, I
have examined the foregoing Grant Agreement and the actions taken b)~
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 wi th the 1 aws 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
will prevent full perfonnance by the Sponsor. Further, it is my
opinion that the said Grant Agreement constitutes a legal and binding
.. obligation of the Sponsor in accordance with the terms thereof.
Dated at Key Weest ,