Resolution 274-1981RESOLUTION` N0: 2741981
RESOLUTION AUTHORIZING,THE CHAIRMAN .OF THE BOARD OF
COUNTY- COMMISSIONERS OF MONROE,COUNTY, FLORID,A, TO
EXECUTE•AN AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE.COUNTY, FLORIDA, AND
UNITED_ STATES OF AMERICA FEDERAL AVIATION ADMINISTRA-
TION, FOR PROJECT NO'.-6-12-0037-06,-CONTRACT NO. DTFA06-
817Al-80020 KEY WEST INTERNATIONAL; AIRPORT.
-BE'IT RESOLVED BY.THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY.. FLORIDA,` as fo 1lows
That the Chairman of the Board of County Commissioners of
Monroe County,,Florida..is hereby authorized to execute an Agree-
ment by and between the Board of -County -Commissioners of Monroe
County, Florida, and United States -of:'•America: Feder.al.:Aviation.
Administration, copy' of: same. berigyattached"hereto`, for''Pro ject:
No:_ 6.=:12=0D37-.0.6, Contract -No: :DTFAO:6=81,=:A1-:800.20 Key West Inter
national Airport..
Passed and adopted by.the Board of County Commissioners of
.Monroe County, .Florida at 'a !'regular meeting- held .on the 2-2nd
day of •September ,.A,;D. 1981:
-
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:.;Atte't:
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E
BOARD OF COUNTY.COMMISSIONERS,
OF MONROE COUNTY,-FLORIDA
By,�
or Chairman
RESOLUTION NO.274 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRA-
TION, FOR PROJECT NO. 6712-0037-06, CONTRACT NO. DTFA06-
81-Al-80020 KEY WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida is hereby authorized to execute an Agree-
ment by and between. the Board of County Commissioners of Monroe
County, Florida, and United States of America Federal Aviation
Administration, copy of same being attached hereto, for Project
No. 6-12-0037-06, Contract No. DTFA06-81-Al-80020 Key West Inter-
national Airport.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida at a regular meeting held on the 22nd
day of September
, A.D. 1981.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/171or/Cliairman
APPWYW AS TO PONM
By
A00P!!60 Office
LOCAL MONROE COUNTY SPONSOR SiiARE REQUIRED IN FY'82 BUDGET FOR FY'81 PROJECTS AT EYW & MTH:
KEY LATEST INT'L % PARTICIPATION
— - CNTY FDOT FAA
1. Terminal Entrance Road 5�yS�L, 9�
Terminal Baggage Claim/ 25% 25% 50%
Renovation
Total
MAP- THON
1. G/A Apron 5% 15% 90%
Grand Total
4
P•IONROE COUNTY
FDOT
FAA
TOTAL,
$ 4,713,O0
S 41713.;00
$84,834.00
$94,260.00
22,993,50
22,993.50
45,987.00
91,974.00
$27,706.50
$27,706.50
130,821.00
186.234.00
$22,222..00
22,222,00
400,000.00
444,444.00
$49028.50
49,928.50
530,821.00
630.678.00
' Page 1 of 5 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
i
A Part 1-Offer
Date of Offer September 17, I981
Key west International Airport
,. Project No. 6--12-0037-06
Contract No. DTFA06-81-A--80020
471
TO: Monroe County 'Board of County Commissioners
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
1 WHEREAS, the Sponsor has submitted to the FAA a Project Application (herein called
an Application for Federal Assistance) dated September 4, 1981 , for a grant of Federal
funds for a project for development of the e t t I to nat oral Airport
(herein called the "Airport"), together with pfarYs ancspecinficMons for such project, which
Application for Federal Assistance, as approved by the FAA is hereby incorporated herein
and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called
the "Project") consisting of the following -described airport development:
a
Reconstruct terninal entrance road (1650± l.f. including
2-and 3-lane sections); Enclose existing baggage claim
area.
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
FFA FORM 51,.'Xl_'.7 PG. 1 'J-7H' SI;PERSF=DE-S FaA FORM E100-13
Page 2 of. 5 pages
NOW THEREFORE, pursuant to and for the purpose: of carrying out the provisions
of the Airport and Airway Development 'act of 1970, as mended (49 U.S.C. 1701),
and in consideration of (a) the Sponsor';s adoption and ratification of the
representations and assurances contained in said Application for Federal
Assistance, and its acceptance of this off4vrr as hereinafter provided, and (b) the
benefits to accrue to the United States and the public frow the accomplishment of
the project and the operation and maintenance of the Airport as herein provided,
M FEDERAL AVIATION ADM11 IST.11ATION, FOR A1,11D Oil BEEALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred
in accomplishing the Project, fifty percent (50%) for terminal development, ninety
pereent_(90%) for all other development from funds appropriated.
This Offer is made on and subject to the followinc; terras and conditions:
1. The maximum obligation of the United State3 payable under this Offer shall
be $130,821.00
2. The Sponsor small:
(a) begin aceomplishne-nt of the Project within 180 days after acceptance
of this Offer or such longer tL-ae as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the
obligations of the United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in
accordance with the terms hereof, the Airport and Air%i�iy Oevelopme at
Act of 1970, as ananded, and the Regulations of the FtVi 04 CF?'. P.-art
152) in effect as of the elate of acceptance of this Offer; which
ne ulations are her.enaft!r referred to as the "Regulations
(c) carry out sand complete the :'ro ject in accordance with the plans anti
specifications and property nap, incorporated herein, as they tay ;k
revised or modifiers with the approval of the FAA;
(d) submit all financial reports on an accrual basis and if records are not
maintained on an accrual 'Oasis, reports may he based on analysis or
records or best estimates as required by the Regulations;
(e) monitor performance under the Project to assure that time schedules are
being met, projected work units by time periods are being accomplished,
and that other performance goals are being achieved as established by
the Regulations.
Page 3 of 5 pages
24 The allowable costs of the project shall noL include any costs determined
by the FAA to he ineligible for consideration as to allowability under the
Regulations.
4. Pa)naent of the United States shire of the allowable project costs will be
made pursuant to and in accordance with the provisions of the Regulations.
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. The grant closeout requirements will be in accordance with
the -Regulations.
5. The sponsor shall olpe'rate and maiiitain"'the airport as prdv'ideK -in the
Application for Federal Assistance incorporated herein anti specifically
covenants and agrees in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance, and Section 30 of the Mrport
and Airway Development Act, as amended, that in its operation and the
operation of'all facilities thereof, neither it nor any person or
organization occupying space or facilities thereon will discriminate
againstany person by reason of race, color, creed, national origin
or sex in the use of the facilities provtJed for the public or. the
airport.
6. The FAA reserves the ri_ht Lo at-jend or vit'lli-eraw this offer at any
prior to its acceptance by the sponsor.
7. :his offer shall expire and LIRe United Staten F.!iall Pot he oblit-ated
to pay any part of tile costs of the project unless this offer has been
accepted by the sponsor on or before September 30, 1981, or such
subsequent date as tray be prescribed in writing by the FAA.
8. The sponsor agrees to comply with the Part V, Assurances, attached to
this offer which replaces the Part V, Assurances, that accompanied the
project application.
9. It is understood and agreed that if, during the life of the project, FAA
determines that the grant amount exceeds the expected needs of the sponsor
by $5,000 or 5' of the grant amount, whichever is greater, the grant"
amount can be reduced by letter fron FAA to the, ,ponsor advisin" oll" the
budrnt chan-P. Mpori is -zuince of the letter, the toaximum obtigation of
the Unttz�d -'�tntos under the j-,rant is re,:Iuced to the sp'�'Cftied J!:(OA1nt.
Page 4 of 5 pages
10. It is understood and agreed that this Agreement is being offered based
upon ;preliminary plans and estinates. "llie offer and execution of tbis
Ag,reement shall not be construed as relieving the Sponsor of the
requirements of Federal Aviation regulation, Part '152.111 (f)(8),
Appendix C, or any other reqvirements of said Pegulation. The Plans and
Specifications shall become part of this Agreement by reference, as if
set forth in full, upon approval of said Plans and Specifications by the
Federal Aviation Administration., Further, the costs contained in the
Application for Federal Assistance made a part of this Agreement, are
acid final allowable costs shall be established upon subsequent
approvals issued In accordance with the Pegulations.
11. It is hereby understood and agreed that the Sponsor shall submit any
revisions to the currently approved Minority Business Enterprise Flan
(MBEP) in accordance with 49 CFR Part 23, Sections 23.43(d) and 23.45(g)
within ninety (90) czlendar days after the date of this Apreement or
within any other tinte period mutually agreed upon in wrifing 'by the
Sponsor and the federal Aviation Administration. Furthermore, it is
understood and agreed that the Sponsor will not advertise for
construction bids on any development included in this Grant Agreement
until the FAA has approved in writing the above said MBEF revisions.
12. The Federal Government does not now plan or contemplate the construction
of'any structures pursuant to paragraph 27 ofPart V, Assurances, of the
application dated September 4, 1981, and therefore it is understood amul
agreed that the sponsor is under no nbligation to furnish any Such areas
or rights under this grant agreement. However, it is agreed aad
understood that the ri-hts, of the Tjnited States to cost Prue areas
obtain(+d under unexpired grant 1,'7
,rci~rvinits with the sponsor are extended
for twenty years from the date of this -rant agreement. Further^-iore, tl-..0
responsibility for payin-- the COGt Of relocating any facillties loeattl-d is
such cost free areas shall be made in accordance with Advisory Circular
150/5300-7B, FAA Policy of Facility :relocations Occasioned by Airport
Improvements or Changes.
13. It is understood and agreed that the FAA will not make nor be obligated to
make any payMents, under this Grant Agreement unless and until the Sponsor
has revised the lease for Island City Flying Service at Key 1,,Iest
International Airport, to the satisfaction of the Administrator, as
required by Section 308(a) of the Federal Aviation Act of 1958.
lhTt is understood and agreed that any costs incurred under this project
clue' Co the installation of a propane tank in the area of thr pro,)Os�d
terminal t_,ntrance roa:l :fill. riot La eligiblc for feel !rnl participation.
The Sponsor's acceptance of t1tis Offer and' ratification and adoption of the
Application for Federal Assistance incorporijted herein shall he evidenced by
execution of ttiis instrument by Liie Sponsor, as hereinafter provided, and saict Offer
and Acceptance shall coniprise a Grant Agreement, as provided by the Airport and
Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respQct to the accomplishment of the Project and
the operation and maintenance of the Airport. Such Grant Agreement shall beco--,a
effective upon the Sponsor'�,cc,evtajce of tills Offer and shall remain in fii-Ill force
and effect throughout the useflul life 01", the facilities developed under the Project
0
but in any eveDt not to excried twenty Iron t'.Ie date of saiO accelptance.
UNITI."D STATES OF ANIERICA
FEDERAL AVIATION ADMINISTRAT1011
By..
3y ef, rt Miaorts :istrict Olffice
1-11a 1 Airports
Part II -Acceptance
The Monroe County Lzoaral of County Coatnissioners does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreernents, contained in the
Project Application a-nd incorpor,4ted matc-rials referred to in the foregoing Offer
and does hereby accept said Offer and by such acceptance agrees to all -,,f the tarms
ani conditions hereof.
8xecute'd 81 ..............tember 19 ......
T.
ZI
AtL��
Clerk
CrRTIFICATE OF SPONSOR'S !0-70RITEY
I .--ionroe County
;oars; i77;..ounty Co7mmi5sioners
17 1
..................... .....
Mayor/Chairman
Title..* ............. 0-..* .............
Lucien. JK-, acting as Attorney for Aonroe County Board of ro un ty
,amissioners (herein referred tc) as the "Sponsor") do hereby certify:
it1;it I have e7:-1--1ined tlic, Grant Avmand
d the proceedin,.-,s tal-on by
,
--id Sponsor rr!latin;, tl,teroto, an" 'inns! that Cie- i"'Cuzptarive thero-of '---y sal- J S"pnnsor
ons dulv ni.ithorized an(l Li)at Lhe execution tlnereof Jq in all re,-"-perts I(' a.n-I -roper and in accordarice tie lags of the State of Florida and t>ie
a�nl furti)c-r that , in uy opinion, said Cxant Agr-erment COnGtitiltes -3 leogal and
LNi-,d'Ln,,- ubli;.ation of the Sponsor in accordance with the terms t!lereof. -
t,J -
ounty Attorney. —, ........
PART V
ASSURANCES
The applicant hereby assures and certifies that it will comply with the
regulations, policies, guidelines, and requirements including Office of
Management and Budget Circulars No. A-95 (41 FR 2052), A-102 (42 FR 45828),
and FIMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as they relate to the
application, acceptance, and use of Federal funds for this Federally assisted
,,project. Also, the applicant gives the assurance and certifies with respect
to the grant that:
1. Authority of applicant. It possesses legal authority to apply for the
grant, and to finance and construct the proposed facilities; that a
resolution, motion, or similar action has been duly adopnd or passed
as an official act of the applicant's governing body, authorizing the
filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection
with the application and to provide such additional information as
may be required.
2. E.O. 11926 and E.O. 11288. It will comply with the provisions of:
Executive Order 11296, relating to evaluation of flood hazards, and
Executive Order 11288, relating to the prevention, con92*_ and
abatement of water pollution.
3. Sufficiency of funds. It will have sufficient funds available to meet
the non -Federal share of the cost for construction projects. Sufficient
funds will be available when construction is completed to assure
effective operation and maintenance of the facility for the purposes
constructed.
4. Construction. It will obtain approval by the appropriate Federal agency
of the final working drawings and specifications before the project is
advertised or placed on the market for bidding; that it will construct
the project, or cause it to be constructed, to final completion in
accordance with the application and approved plans and specifications;
that it will submit to the appropriate Federal agency for prior
approval changes that alter the costs of the project, use of space,
or functional layout; that it will not enter into a construction
contract(s) for the project or undertake other activities until the
conditions of the construction grant program(s) have been met.
5. Supervision, inspection, and reporting. It will provide and maintain
competent and adequate architectural engineering supervision and
inspection at the construction site to insure that the completed work
conforms with the approved plans and specifications; that it will
furnish progress reports and such other information as the Federal
grantor agency may require.
FAA Form 5100-100 (8-81)
Page 6
6. Operation of facility. it will operate and maintain the -facility in
accordance with the minimum standards as may be required or prescribed
by the applicable Federal, State, and local agencies for the maintenance
and operation of such facilities.
7. Access to records. It will g�ve the grantor .agency and 'the Comptroller
General, through any authorized representative,.access to and the right
to,examine all records, books, papers, or documents related to the grant. -
8.. Access for handicapped. It will conduct its programs and operate its
facilities in accordance with the requirements of Section 504 of.the
Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no
qualified handicapped person shall, solely by reason of his or her
handicap -be excluded.from participation in, be denied the benefits of,
or otherwise be subjected to'di"crimination, including discrimination
`in employment, -under any grant program or activity that receives funds
or -_benefits from this grant. .The sponsor further assures that its
programs will be conducted and its f acilifies operated,. -in compliance
with:.the requirements imposed by or pursuant to 49 CFR Part 27.
9. Commencement and completion. It will cause work on the project to be
commenced within a reasonable time after._receipt of notification from
the approvingFeder al agency that:= -funds -have been approved'and".that the
project.will be prosecuted to -completion with reasonable diligence.
10. Disposition of interest. It will not dispose of or encumber its title
or other interests in the site -and facilities during the period of
_Federal.interest or while the.Government holds bonds,.whichever is the
longer.
ll.�" Civil Rights. It will comply with Title -VI of the Civil Rights Act of
1964.(P.L. 88-352) and in accordance with Title VI of that Act, no
person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
prograff or activity for which the applicant receives Federal financial
assistance and will immediately take any measures necessary to effectuate
this agreement. If any real property or structure thereon is provided
or ,improved with the aid of Federal financial assistance extended to
the "Applicant,.: this assurance shall. obligate the. Applicant, or in the
- . case of any transfer of such property, any transferee, for the period
during. which .the real property.or structure.is.used for a purpose for
-which ;the .Federal ,financial assistance is extended or -for another.,
purpose involving the provision of similar services or benefits.
12. Private gain....It will establish safeguards to prohibit.employees from
using.. their positions for a purpose,that.is or -'gives the appearance of
g bein•motivated by a desire for private gain for themselves..or others,
particularly those with whomthey have family, business, or other ties.
FAA Form 5100-100 (8-81)
Page 7
13. Relocatic istance. It will comply with the requiremet.k..zi �� Title II
and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair
and equitable treatment of persons displaced as a result of Federal and
Federally assisted programs.
14. OMB Circular A-102. It will comply with all requirements imposed by the
Federal grantor agency concerning special requirements of law, program
requirements, and other administrative requirements approved in accordance
with Office of Management and Budget Circular No. A-102.
15. Hatch Act. It will comply with the provisions of the Hatch Act which
limit the political activity of employees.
16. Federal Fair Labor Standards Act. It will canply with the minimum wage
and maximum hours provisions of the Federal Fair Labor Standards Act, as
they apply to hospital and educational institution employees of -State and
local governments.
17. Effective date and duration. These covenants shall become effective upon
acceptance by the Sponsor of an offer of Federal aid for the Project or
any portion thereof, made by the FAA and shall constitute a part of the
Grant Agreement thus formed. These covenants shall remain in full force
and effect throughoutrthe useful life--af�-the facilitiesF3eveloped under
this Project, but in any event not to exceed twenty (20) years from the
date of said acceptance of an offer of Federal aid for the Project.
However, these limitations on the duration of the covenans do not apply
to the covenant against exclusive rights and real_,grope`W acquired with
Federal funds. Any breach of these covenants on the part of the sponsor
may result in the suspension or termination of, or refusal to grant
Federal assistance under, FAA administered programs, or such other action
which may be necessary to enforce the rights of the -United States under
this agreement.
18. Conditions and limitations on airport use. It will operate the Airport
as such for the use and benefit of the public. In furtherance of this
covenant (but without limiting its general applicability and effect),
the Sponsor specifically agrees that it will keep the Airport open to
all types, kinds, and classes of aeronautical use on fair and reasonable
terms without discrimination between such types, kinds, and classes.
Provided, that the Sponsor may establish such fair, equal; and not
unjustly discriminatory conditions to be met by all users of the airport
as may be necessary for the safe and efficient operation of the Airport;
And Provided Further, That the Sponsor may prohibit or limit any given
type, kind, or class of aeronautical use of the Airport if such action
is necessary for the safe operation of the Airport or necessary to serve
the civil aviation needs of the public.
FAA Form 5100-100 (8-81)
Page 8
19. Exclusive right. It
a. Will not grant or permit any exclusive right forbidden by
Section 308(a) of the Federal Aviation'Airport Act of 1958
(49 U.S.C. Section 1349(a)) at the Airport, or at any other
airport now owned or controlled by it;
b. Agrees that, in furtherance of the policy of the FAA under this
covenant, unless authorized by the Administrator, it will not,
either directly or indirectly, grant or permit any person, firm
or corporation the exclusive right at the Airport, or at any other
airport now owned or controlled by it, to conduct any aeronautical
activities, including, but not limited to charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products
whether or not conducted in conjunction with other aeronautical
activity, repair and maintenance of aircraft, sale of aircraft parts,
and any other activities which because of their dixect relationship
to the operation of aircraft can be regarded as an aeronautical
activity.
c. Agrees that it will terminate any -'existing exclusive "right to engage
in the sale of gasoline or oil, or both, granted before July 17,
1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the
exclusive right; and
d. Agrees that it will terminate any other exclusive right to conduct
an aeronautical activity now existing at such an airport before the
grant of any assistance under the Airport and Airway Development Act.
20. Public use and benefit. It agrees that it will operate the Airport for
the use and benefit of the public, on fair and reasonable terms, and
without unjust discrimination. In furtherance of the covenant (but
without limiting its general applicability and effect), the Sponsor
specifically covenants and agrees;
a. That in its operation and the operation of all facilities on the
Airport, neither it nor any person or organization occupying space
or facilities thereon will discriminate against any person or class
of persons by reason of race, color, creed, or national origin in
the use of any of the facilities provided for the public on the
Airport.
b. That in any agreement, contract, lease or other arrangement under
which a right or privilege at the Airport is granted to any person,
firm, or corporation to conduct or engage in any aeronautical activity
for furnishing services to the public at the Airport, the Sponsor
will insert and enforce provisions requiring the contractor --
FAA Form 5100-100 (8-81)
Page 9
(1) to furnish said services on a fair, equal, and not unjustly
discriminatory basis to all users thereof; and
(2) to charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided, that the contractor
may be allowed to make reasonable and nondiscriminatory discounts,
rebates, or other similar types of price reductions to volume
purchasers.
C. That it will not exercise or grant any right or privilege which operate:
to prevent any person, firm, or corporation operating aircraft on the
airport from performing any services on its own aircraft with its
own employees (including, but not limited to maintenance and repair)
that it may choose to perform.
d.' In the event the sponsor itself exercises any of the -rights and
privileges referred to in subsection b, the services involved will
be provided on the same conditions as would apply to the furnishing
of such services by contractors or concessionaires of the sponsor
under the provisions of such subsection b.
21. Nonaviation activities". Nothing contained herein shall be construed to
prohibit the granting or exercise of an exclusive right for the
furnishing of nonaviation products and supplies or any service of a
nonaeronautical nature or to obligate the sponsor to fur.. h any
particular nonaeronautical service at the airport.— —
22. _Operation and maintenance of the airport. It will operate and maintain
in a safe and serviceable condition the airport and all facilities thereon
and connected therewith which are necessary to serve -the --..aeronautical
users of the airport other than facilities owned or controlled by the
United States, and will not permit any activity thereon which would
interfere with its use for airport purposes; provided, that nothing
contained herein shall be construed to require that the airport be
operated for aeronautical uses during temporary periods when snow, flood,
or other climatic conditions interfere with such operation and
maintenance; repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of
Cod or other condition or circumstance beyond the control of the sponsor.
In furtherance of this covenant, the sponsor will have in effect at all
times arrangements for --
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
c. Promptly notifying airmen of any condition affecting aeronautical
use of the airport.
FAA Form 5100-100 (8-81)
Page 10
23. Airport hazards. Insofar as it is within its power and reasonable, the
sponsor will, either by the acquisition and retention of easements or
other interests in or rights for the use of land or airspace or by the
adoption and enforcement of zoning regulations, prevent the construction,
erection, alteration, or growth of any structure, tree, or other object
in the approach areas of the runways of the airport, which would constitute
an airport hazard. In addition, the sponsor will not erect or permit the _
erection of any permanent structure or facility which would interfere
materially with the use, operation, or future development of the airport,
in any portion of a runway approach area in which the sponsor has acquired,
or hereafter acquires, property interests permitting it to so control the
use made of the surface of the "Land.
24. Use of adjacent land. Insofar as it is within its power and reasonable,
the Sponsor will, either by the acquisition and retention of easements or
other interest in or rights for the use of land or airspace or by the
adoption and enforcement of zoning regulations, take action to restrict
the use of land adjacent to or in the immediate vicinity of the airport
to activities and purposes compatible with normal airport operations
including landing and --takeoff of aircraft..
25. Airport layout plan. It will keep up to date at all times an airport
layout plan of the airport showing (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 proposed
extensions and reductions of existing airport facilities; and (3) the
location of all existing and proposed nonaviation areas and of all
existing improvements thereon. Such airport layout plan and each
amendment, revision, or modification thereof, shall be subject to the
approval of the FAA, which approval shall be evidenced by the signature
of a duly authorized representative of the FAA on the face of the airport
layout plan. The sponsor will not make or permit any changes or
alterations in the airport or in any of its facilities other than in
conformity with the airport layout plan as so approved by the FAA, if such
changes or alterations might adversely affect the safety, utility, or
efficiency of the airport.
26. Federal use of facilities. All facilities of the airport developed with
Federal aid and all those usable for the landing and taking off of
aircraft, will be available to the United States at all times, without
charge, for use by government aircraft in common with other aircraft,
except that if the use by government aircraft is substantial, a reasonable
share, proportional to such use, of the cost of operating and maintaining
facilities so used, may be charged. Unless otherwise determined by the
FAA, or otherwise agreed to by the sponsor and the using agency,
substantial use of an airport by government aircraft will be considered
FAA Form 5100-100 (8-81)
Page 11
to exist when operations of such aircraft are in excess of those which,
in the opinion of the FAA, would unduly interfere with use of the
landing area by other authorized aircraft, or during any calendar
month that --
a. Five (5) or more government aircraft are regularly based at the
airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement
and each takeoff as a movement) of government aircraft is 300 or
more, or the gross accumulative weight of government aircraft using
the airport (the total movements of government aircraft multiplied by
gross weights of such aircraft) is in excess of five million pounds.
27. Areas for FAA use. Whenever so requested -by the FAA, the sponsor will
furnish without.. cost to the Federal Government, for construction,
operation, and maintenance of facilities for air traffic control
activities, or weather reporting activities and communication activities
related to air traffip control, such areas of land or water, or estate
therein, or rights in buildings of, the--s-gonsor as the,F4A—may consider
necessary or desirable for construction at Federal expense of space or
facilities for such purposes. The approximate amounts of areas and the
nature of the property interests and/or rights so require4-will be set
forth in the grant agreement relating to the project. :r :areas or any
portion thereof will be made available as provided herein within four
months after receipt of written requests from.the FAA.
28. Fee and rental structure. The airport operator or owner will maintain
a fee and rental structure for the facilities and services being provided
the airport users which will make the airport as self-sustaining as
possible under the circumstances existing at the airport, taking into
account such factors as the volume of traffic and economy of collection.
29. Reports to FAA. It will furnish the FAA with such annual or special
airport financial and operational reports as may be reasonably requested.
Such reports may be submitted on forms furnished by the FAA, or may be
submitted in such manner as the sponsor elects so long as the essential
data are furnished. The airport and all airport records and documents
affecting the airport, including deeds, leases, operations and use
agreements, regulations, and other instruments, will be made available
for inspection and audit by the Secretary and the Comptroller General
of the United States, or their duly authorized representatives, upon
reasonable request. The sponsor will furnish to the FAA or to the
General Accounting Office, upon request, a true copy of any such document.
30. System of Accounting. All project accounts and records will be kept in
accordance with a standard system of accounting if so prescribed by the
Secretary.
FAA Form 5100-100 (8-81)
Page 12
31. Interfering right. If, at any time, it is determined by the FAA that there
is any outstanding right or claim of right in or to the airport property,
other than those set forth in Part II of the Application for Federal
Assistance, the existence of which creates an undue risk of interference
with the operation of the airport or the performance of the covenants
of this Part, the sponsor will acquire, extinguish, or modify such right
or claim or right in a manner acceptable to the FAA.
32. Performance obligation. It will not enter into any transaction which
would operate to deprive it of any of the rights and powers necessary
to perform any or all of the covenants made herein, unless by such
transaction the obligation to perform all such covenants is assumed by
another public agency found by the FAA to be eligible under the Act and
regulations to assume such obligations and having the power, authority,
and financial resources to carry out all such obligations. If an
arrangement is made for management or operation of the Airport by any
agency or person other than the sponsor or an employee of the sponsor,
the sponsor will reserve sufficient rights and authority to insure that
the -airport will be operated and maintained in accordance with the Act,
the regulations and these covenants.
33. Meaning of terms. Unless the context otherwise requires,r all terms used
in these covenants which are defined in the Act and the regulations shall
have the meanings assigned to them therein.
34. Audit. It will provide for audit of this grant project to be made in
accordance with Attachment P of Office of Management and Budget
Circular A-102.
35. Section 30.
a. It will undertake an affirmative action program, as required by 14 CFR
Part 152, Subpart E, to ensure that no person shall, on the grounds
of race, creed, color, national origin, or sex, be excluded from
participating in any employment, contracting, or leasing activities
covered in 14 CFR Part 152, Subpart E. The sponsor assures that no
person shall be excluded, on these grounds, from participating
in or receiving the services or benefits of any program or activity
covered by this subpart. The sponsor assures that it will require
that its covered organizations provide assurance to the sponsor that
they similarly will undertake affirmative action programs and that
they will require assurances from their suborganizations, as required
by 14 CFR Part 152, Subpart E, to the same effect.
b. It agrees to comply with any affirmative action plan or steps for
equal employment opportunity required by 14 CFR Part 152, Subpart E,
as part of the affirmative action program or by any Federal, State,
or local agency or court, including those resulting from a
conciliation agreement, a consent decree, court order, or similar
mechanism. The sponsor agrees that State or local affirmative action
plan will be used in lieu of any affirmative action plan or steps
required by 14 CFR Part 152, Subpart E, only when they fully meet
the standards set forth in 14 CFR 152.409. The sponsor agrees to
obtain a similar assurance from its covered organizations, and to
cause them to require a similar assurance of their covered
suborganizations, as required by 14 CFR Part 152, Subpart E.
FAA Form 5100-100 (8-81) Page 13
36. Minority Business Enterprise (MBE).
a. It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
'financed in whole or in part with Federal funds under this agreement.
Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement.
b. The sponsor or its contractor agrees to ensure that minority business
enterprises, as defined in 49 CFR Part 23, have the maximum opportunity
to participate in the performance of contracts'and subcontracts
financed in whole or in part with.Federal funds provided under this
agreement. 'In this regard, the sponsor or its contractors shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23
to ensure that minority busines enterprises have the maximum
opportunity to -compete for and perform contracts. The sponsor and its
contactors shall not discriminate —on the basis -mace, color, national
origin, or sex in the award and performance of DOT -assisted contracts.
c. If, as a condition of assistance, the sponsor has -submitted and the
Department has approved a minority buiness enter��se affirmative
action program which the sponsor agrees to carry out, this program is
incorporated in this financial assistance agreement by reference.
This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial
assistance agreement. Upon notification to the sponsor of its failure
to carry out the approved program, the Department shall impose such
sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions
may include termination of the agreement or other measures which may
-affect the ability of the sponsor to obtain future DOT financial
assistance.
d. The sponsor agrees to advise such subrecipient, contractor, or
subcontractor that failure to carry out the requirements in 49 CFR
Part 23, paragraph 23.43(a), shall constitute a breach of contract
and, after notification of the Department, may result in termination
of the agreement or contract by the sponsor or such remedy as the
sponsor deems appropriate.
e. Concerning lessees, the sponsor agrees that it shall not exclude
MBEs from participation in business opportunities by entering into
long-term, exclusive agreements with non -MBEs for the operation of
major transportation -related activities or major activities for the
provision of goods and services to the facility or to the public
on the facility as scat forth in 49 CFR Part 23.
37. Equal opportunity Clause.
a. It agrees that it wili be bound by the equal opportunity clause of
41 CFR Part 50-1.4 with respect to its own employment practices when
it participates in Federally assisted construction work: provided
FAA Form 5100-100 (8-81)
Page 14.
that if the applicant so participating is a state or local government,
the equal opportunity clause is not -applicable to any agency,
instrumentality, or subdivision of such Government which does not
participate in work on or under the contract.
b. It agrees that it will assist and cooperate actively with the FAA and
the Secretary of Labor,in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and rules,
w3 regulations, and relevant orders of the Secretary of Labor, that it
will furnish the FAA and the Secretary of Labor such information as
may be required for the supervision of such compliance, and that it
will otherwise assist the FAA in the discharge of the agency's primary
responsibility for securing compliance.
c. It further agrees that it will refrain from entering into any contract
or contract modification, subject to Executive Order 11246, of
September 24 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and Federally i
assisted construction contracts pursuant to the Executive Order and
will carry out such sanctions and penalties for viola�tion,,of the
equal opportunity -clause as may be imposed upon contractors and
subcontactors by the FAA or the Secretary or Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the sponsor agrees
that if it fails or refuses to comply with these undertakings, the
FAA may take any or all of the following actions: cancel, terminate,
or suspend in whole or in part this grant (contract, loan, insurance
guarantee); refrain from extending any further assistance to the
sponsor under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been
received from the sponsor; or refer the case to the Department of
Justice for appropriate legal proceedings.
38. Violating facilities. It will insure that the facilities under its
ownership, lease, or supervision which shall be utilized in the
accomplishment are not listed on the Environmental Protection Agency's
(EPA) list of violating facilities and that it will notify the
Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal activities indicating that
a facility to be utilized in the project is under consideration for
listing by the EPA. -
39. Flood insurance. It will comply with the flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection Act
of 1973, Public Law 93-234, 87 Stat. 975,'approved December 31, 1976.
Section 102(a) requires, on and after March 2, 1975, the purchase of
flood insurance in communities where such insurance is available
as a condition for the receipt of any Federal financial assistance
FAA Form 5100-100 (8-81)
Page 15
for construction or acquisition purposes for use in any area that has
been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards. The phrase "Federal
financial assistanceO includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grant,
or any other form of direct or indirect Federal assistance.
40. Historic preservation. It will assist the Federal grantor agency in its
compliance with Section 106 of the National Historic preservation Act
of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and tht
Archeological and Historic Preservation Act of 1966 (16 Q.S.C. 469a-1
et seq.) by (a) consulting with the State Historic Preservation Officer
on the conduct of investigations, as necessary, to identify properties
listed in or eligible for inclusion in the National Register of Historic
Places that are subject to adverse effects (see 36 CFR Part 800.8) by
the activity, and notifying the Federal grantor agency of the existence
of any such properties, and by (b) complying with all requirements
established by the Federal grantor agency to avoid or mitigate adverse
effects upon such properties.
41. Rates for Air Carriers and Fixed Base operators. It agrees that (A) each
air carrier, authorized to engage directly in air transportation
pursuant to Section 401 or 402 of the Federal Aviation Act of 1958,
using such airport shall be subject to nondiscriminatory and
substantially comparable rates, fees, rentals and other charges and
nondiscriminatory conditions as are applicable to all such air carriers
which make similar use of such airport and which utilize similar
facilities, subject to reasonable classifications such as tenants or
nontenants, and combined passenger and cargo flights or all ergo flights,
and such classification or status as tenant shall not be unreasonably
withheld by any sponsor provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers, and
(B) each fixed base operator using a general aviation airport shall be
subject to the same rates, fees, rentals, and other charges as are
uniformly applicable to all other fixed base operators making the same or
similar uses of such airport utilizing the same or similar facilities)
provision (A) above, shall not require the reformation of any leans
or other contract entered into by a sponsor before July 12, 19761
provision (B) above, shall not require the reformation of any lease
or other contract entered into by a sponsor before July 1, 1975.
42. Computation of Rates. It is understood and agreed that no part of
the Federal share of an airport development project for which a
grant is made under the Airport and Airway Development Act of 1970,
as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport
Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the
rate base in establishing fees, rates, and charges for users of the
airport.
FAA Form 5100-100 (8-81)
Page 16