Resolution 488-1988
Director of Airports
RESOLUTION NO. 488 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO ACCEPT
AND EXECUTE A GRANT OFFER FROM THE DEPARTMENT
OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION FOR THE KEY WEST INTERNATIONAL
AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to accept and execute a Grant Offer from the
Department of Transportation, Federal Aviation Administration for
airport development or noise program implementation at the Key
West International Airport, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 27th day of September, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~, ~
ay a1rman
(Seal)
Attest :DANNY L. KOLHAGE, Clerk
-aLJ/~/)'~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
~~~
Attorn OHice
BY
Page 1 of 6 Pages
DEPARTMENT OF TRANSPORTATIOR
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
,
Part 1 - Offer
Date of Offer September 20, 1988
Key West International Airport
Contract No.
3-12-0037-04
DTFA 06-88-A-80211
Project No.
TO: Monroe County Board of County Commissioners
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
j'
WHEREAS, the Sponsor has submitted to the FAA a Project
Application dated September 16, 1988, 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 herei n and made a part hereof;
and
WHEREAS, the FAA has approved a project for the Key West
International Airport (herein called the "Project") consisting of
the following:
CONSTRUCT, LIGHT (MITL), APRON (19,700 2:.. S.V.); SEAL APRON
(35,800 2:.. S.V.).
all as more particularly described in the Project Application.
Page 2 of 6 Pages
NOW THEREFORE. pursuant to and for the purpose of carryi ng out
the provisions of the Airport and Airway Improvement Act of 19~2.
as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987 herein called the IIAct.1I and/or the
Aviation Safety and Noise Abatement Act of 1979. and in
consideration of (a) the Sponsor1s adoption and ratification of
the representations and assurances contained in said Project
Application and its acceptance of this 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
P roj ect, ni nety percent (90%).
This Offer is made on and subject to the following terms and
conditions:
Conditions
1.
The maximum obligation of the United States payable under
this offer shall be $1,678,000. For the purpose of any
future grant amendments whi ch may increase the foregoing
maximum obligation of the United States under the provisions
of Section 512(b) of the Act, the following amounts are
being specified for this purpose:
I'
.'
$ -0-
$1,678,000
for planning
for airport development or
noise program implementation
2. The allowable costs of the project shall not include any
costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project
costs wi 11 be made pursuant to and in accordance wi th the
provisions of such regulations and procedures as the
Secretary shall prescribe. 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 the costs.
4. The sponsor shall carry out and complete the Project without
un due del ay and i n a c cor d a n c e wit h the t e r m she reo f. and
such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assuranc~s which
were made part of the project application.
Page 3 of 6 Pages
5. The FAA reserves the right to amend or withdraw this offer
at any time prior to its acceptance by the sponsor. ,
6. This offer shall expire and the United States 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 30, 1988, or such subsequent date as may be
prescribed in writing by the FAA.
The sponsor shall take all steps, including litigation if
necessary, 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 this
grant agreement, the term IIfederal fundsll means funds
however used or disbursed by the sponsor that were
originally paid pursuant to this or any other Federal grant
agreement. 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 judgement,
to the Secretary. It shall furnish 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 Secretary.
7.
I"
.
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.
Page 4 of 6 Pages
9.
,
The Grantee acknowledges its awareness of the costs of
operating and maintaining the airport lighting; and agrees
to operate the 1 i ghts throughout each ni ght of the year or
in compliance with a plan agreed to by the FAA.
Special Conditions
10.
Under the provisions set forth in Paragraph 3, Page 2,
hereof, the letter of credit method of payment is her,eby
authorized for this project subject to the following terms
and conditions:
It is understood and agreed that the Sponsor commits itself
to:
(1) The practice of initiating cash drawdowns only when
needed for its disbursements and in an amount
approximately equal to the Federal share of such
disbursements; and
(2) The timely reporting of cash disbursements and balances
as required by the Federal Aviation Administration.
Failure to adhere to these commitments shall be cause for
revocation of the letter of credit.
11. The parties hereto recognize that a continuing need exists
for parking space for Government-owned and controlled
automotive equipment used or assigned for use in serving FAA
fa c il it i e san d e qui pm en ton and i nth e vi c i n i ty 0 f the
airport. It is agreed by the parties hereto that parking
spaces for such automotive equipment are presently being
provided without charge and that such arrangement will
continue in effect until such time as the parties may reach
a new and written agreement in such matters.
The part i es hereto further recogni ze the need for adequate
parking space for motor vehicles used by FAA employees in
providing them transportation to their place of employment
and assigned duty stations on the airport. It is fully
understood by and between the parties hereto that the
Sponsor has made adequate parking space available to the FAA
employees and that such parking space will continue to be
made available to such FAA employees on terms that are as
favorable as those provided to the Sponsor1s employees and
the employees or others having duty stations on the airport.
It is agreed that such arrangement will continue in effect
until the parties have reached a new and written agreement
concerning such matters.
Page 5 of 6 Pages
,
The Sponsor's acceptance of this Offer and ratification and
adoption of the Project Application incorporated herein shall be
evidenced by execution 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 obl igations and ri ghts 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.
AMERICA
ADMINISTRATION
Airports District lce
The Sponsor does hereby ratify and adopt all 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 this 27th
day of
September
, 19~.
By &-r-;:{z/Z:;:-~I .?
(SEAL) /J
DANNY L. KOLHAGE, ClerkT it 1 e Mayor / Chairman of Board
At test: ,IJ_L X?,/l.-~. J).,t
Titl e: Deputy Clerk 7
APPRO\l,r:[1 .liS TO FORM
AND LEGAl :'! !r.FICIENCY.
/JY '-{f\l\~ ~
Atti}rr;~1? '
Page 6 of 6 Pages
,
CERTIFICATE OF SPONSOR'S ATTORNEY
I , Randy Ludacer
for the Sponsor do hereby certify:
, act i ng as At torney
T hat i n my 0 pin ion the S po n s 0 r i s em power e d toe n t e r i n tot h e
foregoing Grant Agreement under the laws 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 will prevent full
per for man c e by the S po n s 0 r . Fur the r , i tis my 0 pin ion t hat the
said Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at Key West, FL
this
.
27th ~~~___~f/ yeptember
.' ,/ ,
1,/; ~
". Ij,I...-- .
, ..~, ,''-'.
(Signature of Sponsor's Attorney)
, 19 88