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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