Resolution 275-1981RESOLUTION NO. 275- 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. 6-12-0044-03, CONTRACT NO. DTFA06-
81-A-80072 MARATHON FLIGHT STRIP.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLOR.IDA, 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. 6-16-0044-03, Contract No. DTFA06-81-A-80072 Marathon Flight
Strip.
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.
(SEAL)
Attest: _
01
"C
r..
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
or C airman
APPROVED AS yo FoqM
•
LOCAL MONME0 COUNTY SPONSOR SHARE. REQUIRED IN FY'82 BUDGET FOR FY'81 PROJECTS AT EYW & MT11:
KEY WEST INT'L % PARTICIPATION
CNTY FDOT FA
L . Terminal Entrance Road
2. Terminal Baggage Claim/ 25% 25% 50%
Renovation
Total
MA7.n_THOr1_ kk
I `
1. G/A Apron 5% 5% 90
Grand Total
0
MONROE COUNTY
FDOT
FAA
TOTAL
I$ 4,713�'00
8 �-713,00
$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
$49,928.50
22,222.00 400,000.00 444,444.00
49,928,50 530,821.00 630.678.00
page 2 Q 5 pags5
pzV JEEHEFORE, pursuant to and far the Purpose of carrying" out -the provision-T
of the Airport an& Kiway Deme!Opsent Act of 1970i an uncNad (49 U.S.C. 1701),
and in conoldwracion of (a) the SP=Or's adWiOu and ratlfica"On Of the
represnntaQions an,,, zuss-urancea contained is said Application for yajeral
Assistance, and its acceptank of tfis offer as hezeinafter provided, and (b) the
the praject and . the operation 7.3iiints"k0ce'Of the Ai pa an herein provided,
ME FEDERAL AVIATION MINISTRATION, POR AND W WALF CY UMiTED STAMS,
y
CPFERS AM AWEES tG-PaY, aa the UniteJ Maki Share of rhu allowable costO incurrc,
ji'bec6oplishing thelprojact,ninety percont (90%) Nam funds appyopriated.
Mis of .far is May,, ,d ,bjact,to thm'fullaling,cerns and condition. s:
Th, obligation of the United States payable under this Offer shall
be $400,000.01.
2. sponspr shall.
(a) begin of Lhfs Project Uithin 130 dayo after acceptaaco
no this offer or such longar time as say I -iA,
ndth failure to do sa constituflng just cause for termkilat= Of the
obligations of the United States hereunder by the FAA;
(b) carry out and cumplate the Project withOut unduO delay and in
Y.. th the terms hereof, the Airport and Airsay Development
970has ce A 4 WR PartAct of 1, gunhF
152) in effect mu of the date of acceptaace of this offer; Which
SeSulations are hereinafter refcrrlad tv as.thO,"ROgulat"O";
carry out and complete the Project in accordance with the plans and
1 specifications and property msp,.incarporated herei% &a they may be,
revised or modified vith-the approval of,the FAQ
(d) submit all financial reports on an accrual basis and if records aru not
maimained on nn accrual basis, r,p,rts may bu based oa aualysis or
records or best astinatou as roquired by the RegulatiOns;
(e) monitor performance under the Frojoct to assure that W* WhaduleS arla
being met, tmits by cime Fariods are being nceomplinhed,
aal that other performance goals are •b-y
the Regulations.
a _
12a.se 3 of 5 pas-.A-s
i
:. ThQ c?llo`rl'. ble costs of t',f2a projcct. s82a.i `clot jE?.ciut:e aay costs determine" -!a by t::iO''FA& co be ineligible foi consideration as 7o alloi>'=!'.t`Si.k_it" under the
•`.tom' •' i.9iii :: �.OitS
A; i:'ayr1'.:at of the United Scates ;ii'bW Oi tho allowable PY'OJect €:t7stts ;ZKI b_?
mad; S7i1::'sua nt to and in e'SCCorda ice with is e provisions of Qa f:i.'.gulat1.Ons—
Final -determinat -Ion of T}te Wni Lid 9 iWwr....shate will .:b NOW , pdn' the ,
-final audit of the total amount of a lQw le L?r®hdt: coitus and eet:tlemcM
Mill be mk'dW for :?try upward of . CtowE2L-ard ad jliS(;.il, entw to the Federal .`ihOre:
of. torts.. ' he grant clo seo6tr re: qui7'ese nts will -be in accordance with
the Regulations.
5. he Si)onsor shall operate -an UM!hPa"P.;!6 c:1Z:Fiort as ?rOvIdef,_sin `i_kie
Ap.p .ic tio}7 for F'CCaieral .?}ssist:c nce i 11cor U[]tF3R herein at��:, �F @3Ci1"Wa 1 .
coVG-'nAnt s i3nA t-:glees in accordance with its :',sCiist_"ance 20i.'L: Vart Nr of
said application. for }'eCleral Assistance, and Section Sit of +_:ice. Airport
and Al.i'+.+ay iP2.9'C.lC]pment Act, as amended, that in its operation and the -
pperd3_t;- on of ;3ll,,f Gx.lities theraof,,neiyher it nor any person o
oi"gSt31 at idd occupying soace or Af, li ies thereon will rj 1geriY..`'t"Lrnate
d3.allyst any person by reason of race, color, creed, y national 1i origin
o0.se7'> in2 t: e Asa of M facilit:ild iZL'dvid6d b i.".he publican the
airport.
.6. The —FAA reserves the right, to :wend or withdraw this o?"iE'.}: 3t.. Sy time
prior to its acceptance by the spDnsor-
%o LkiY.a oatL?2' Sj?.a11 ex7ili'? :ii'?.r,.,, t:t.>_ vL?3,tc.d States shall ;"?t}t rr obigC_t-eC
to par' any part of the costs of the project, unless this offer has beea
acc61t,L-d-by the sponsor on -or before epteher..30, 19t"'i1, or such
2 JZ iu`iiart�ut� iE+3y ?[ prescribed LS�ed in
writing by the iTA4
ipo nsor agrees to COC_ply with the Plart V ASs"rancps p ntt:i2ChE'Kt O
t i '?' f'£ which -replaces t o Pa t ti, Lli73i1Ce9y iY<lt. uLc csa24&I7?.t (I _C
project application.
9. it Iz Werstood n2nd agrecd that; if, :Uliag the lief- OF the ProKet r iSA
dote rmInes LhFit: the errant: s`stlt3unt: e nceed. t:ya EObaOl_UM needs of the SF7=Jnior
by 1' 000 or 51 of the S . 8nt 11C?i1nt FJhici;c ver is greater, the 3 rant
ano1k:"?t can be Y"E't;;tC'ed by letter ' ron FAA to the �,1L)ni r advising Of the
'c}njna'?� �'k`ange. Tay.?on Ins1:, ace of the jet:::ar, t:�i;_'tmani.acum ot}.Li.j_;c:tiOn of
LKS United States under .the r4 L, is .r dt1C'od to the =pC=C_i ied ,inn..s v
page 4 of S pages
10, It is understood and agreed that thio is being of ;eted based
upon preliminary plans acid esti *t:es., °;tie offer and "ecuti0n. of this
Agreement sliell not ba coastrued as relieving tho Sponsor of the
requirements of Padera..l AviAt:.ioll agut-1 ation, part 152.11.1 (f)(8),
Appendi.m C, or any other requirements of said Reaulatsran_ Ibe Plans and
0 Spec. ifFicati chs shall. become part of Lltis �'!�rc:e s*�Aut by . refexe�ce = as is
set forth in full, upon approval of said plans and Specifications by the
Federal, deviation Administration.:. Further, the costs contaj.ned in the
Application for Federal A ssistaiwe made a part ' can this Agreement, are
est-.Lutes, a ad final. allowable ^opts shall be established upon subsequent
approvals issued Jn accordance Stith , the Regulations.
11. -it is hereby understood and agreed that the Sponsor shall subnit ,ni
revisions ' to the "i'urrezntly apprdvt:l Minority Business Enterprises Plan
(CEP) in -acc.ordaitre azitir 49 CFX `.art 23, Sections 23,43(d) and 23.45(s)
vit:hir, ninety .(90) calendar .clays after the date of this Agreer:.catt or
within .any other Lime period mututall.y agref,c upoaa in .vrltii by the
Sponsor. -and- the i?edfr�iYAviation �sditirxi � at3ori. Furthexmp _e�-it
is
understood a:id a rend that the Spozz or mg1l not advarti to for
construction bids on -any development included in this [errant d��;reoz�a nt
until the FAA has approved in ear.itin8 the above said MMEP re:visiotasp
121 The F6 era Govermiant dotes not znoW plan .or contemplate: the construction
of any structures pursuant to paragraph 2' of Pzart `�a Assurataces, of the
.nppl.i+cation dated Se.ptmbe� 4, ,1 i81, and t3ae efare it it understool and
agreed that tine sponsor is under no of "gation to furnish any $etC°ez areas
or rights under this grant: agreeaeaat. Uovever, it is agreed and.
understood that the rights of the United States to cost rroe aa'pas
obtained under unexpired grant agreements with ;the spssnsoe.• are e::ten3e=d
for twenty years from, the ;late of this grant agreement. Yuttherrtore, t:ae
resporsi.bility for payin tine cost of relocating any faci.litics located In
such cost free areas sha.l.l be made in accordance with _,k vlsory Circular
Z5ilf53t3f1-7 ,. k'AA Policy of Facility Relocations Occasioned by Airport;
Improvewents or Cnanges .
13. It is - u�aac?erstcvod and agreed that the AA .c�ill f.��t: make nor be obligated to
make aoy'_ payments under this Grant, Agreement unless zancI until the Sponsor
has revised the lease for Marat bon Flyirig Service3 at "iarathon l±ligght
Strip, to the szat islaction of. the Administrator, as rcquir4d ny Section=
308(a) of the Federal Aviatiozi Act of.4958.
,.fir. It is understood and agreed that ttia SPA will not make -nor be cabligatWd to
make acay pay-ment tinder tbi.o Grant Agreement unless aad until the Sponsor
11as subnitted an Erchibit "A" pxaperty- Vap and relatad Title Opinion,,
sat sFactory to the Adzainiatrator.
15. it is understood and g reet! that the plans and specifications for this
project will not be, approve d. �y the "FAA un,l.egs az.d until tlae Sponsor has
sutvtiit ted an acceptable apron iutilization nlsin for tlae proposad apron.
5 Wf 5 'pa^3raa
7: € nonsc�r'a 3cce��tancc or t,.i fir and ratification and adoption of the
i,�tiention for Federal A&Blstance ' incorporated herein `shall be O
kvid-enced by
e ec„atl.oc of this instrument by tip Cponsor, its berei-nafter � provided.. and said OUP
and Acceptancesb+z1.1 c o-aprise a' Gr nt Agreement *. ' as providrel, by the Airport,. and
Airway Dtejelopneivat Act of 1970, constituting the ol)IiZation ar-d righto of the
United States and tilie Sper am s-`�ti: respect to t� e accompl.i�►h,bent of the Project and
the operation and -maintenance bf tie kirport. Such• (hint Agreement shall- 11,eco!7e
c; fc cti�ie €parr theBons or `fi }ecep a ic+: of this Gffcr 'and shall retain in 'Lull forcQ
and effect throughout t;:e ur3ef:11 life of the fa.ci.11ities developed udder t:he. Pro ect
but in any ev€-,it. not r-o enceed Vrielity years from the date of said acceptance.
UNITED STATES Or NcTERIGAL
FE1)ERAL AVIATION ADYl?3ISTi iION
Byte. wag .a ►e. ftdmffm!am:a
1°1 1)oY' District ;fire
ftrt II' Acce , anCe
The Monroe County 3oard of Got€nty coc-s:l.issioners does hEre��y ,:atand adopt a? 1
statements, representations, warranties, covenants, and agteeV-Aelats cOnta?nLe, in. they
Project .Application CsrS1- incorporated materials, referred to in the foregoing 0 f c r
anti. +dews hereby accept said Offer Pnd by such acceptance agrees to all of the terms
and , conditions -hereof. I _
Executed this wwmf��f•. aamaafdeay osjeamee Yr llar.asaO aeCem s9y 19. 81 ce
). 1 ,f?v'Y:t� Z' C9CEnt}'
By.
Title 'aYP <Ghaa.trm�rlrQ a.me Fa1a7t6a
-
. S /
Clerk
.............. a Q a r y f. a► f .
• ( f�;-'.5., T A Kea or, SPONSOR' cis St� �y
,�Ic.tin- as Attorney for the Monroe County Board of
Gov,rty G'orzralaeiflners (herein referre I to 6s. tile "Sponsor') cio hereby certify:
"ia.t I have examined the f63regoing Grant Agreement and the p oceedingS twlzer by
said Spoaasor relating thereto, atvi..fi,nd that the Acceptance thereof by said Sponsor
has been duly _uthorirc�d and that' ."the e.{Lctition thereof iu in. a 1 re8pects due al1ci
,ixJjei c3ilft in aCCt}rd31tCi? 631ih t?! 1c1�73 of t!-je ,St -ate of Florida and fto Pe;W-tiOls>,
anal further that, in ^y opinioi, 'saki Grant Agreecient constitutes a 1eGal .and
binding abligation of the3porisc� in accordance with the t:eros theroof. a
Dated a.t. Key West.,. Florida..h2r�f 8 i1Q-day of a Pgtemb.ex ...... '.L1I
a a • o t
we -.- gaga<�rc���ao<:•�•af m••.�
Title .,..CDAInty.,Attorney-.a,t:aw.a.
• s
PART V
ASSURANCES
The applicant hereby assures and rcertifies that it will comply with the
regulations, policies, guideline, and requirements including Office of
Management and Budget Circulars No. A•-95 (41 FR 2052), A-102 (42 FR 45828),
and FPE 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
oproject. 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 adopted 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, con_==, and
.abatement of water pollution.
3.. Sufficiency of funds. It will have sufficient funds available to meet
Ehe non -Federal share of the cost for construction projects. Sufficient
funds will be available when construction is comple+-ed.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
13. Relocatior_�3tance. It will ccrnply with the requirement I°itle II
and' Title III of the Uniform'elocation Assistance and Real Property
Acquisition470
Policies Act of (P.L. 91-646) which provides for fair
and equitable treatment.of persons displaced as a result of Federal and
Federally assisted programs.t
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 comply 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=or'the facilitie-s eveloped 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 covets do not apply
to,the covenant against exclusive rights and real property acquired with
.Federal funds, Any breachof 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.
A
i
FAA Form 5100-100 (8-81)
Page 8
21.
22.
1
I(1) to furnish said services on a fail, equal, and not unjustly
discriminatory basis jto all users thereof; and
r
(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 operates
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, b.ut 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.
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 fut:L,—::kb any
particular nonaeronautical service at the airport. -
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
God'or other condition or circumstance beyond the control of the sponsor.
In furtherance of this covenant, the sponsor will have in--5eff ect at all
:timeis 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.
i
FAA Form 5100--100' (8-81)
Page 10
V
to exist when operations of such aircraft are in excess of those which,
in the opinion of the FAA, woyld unduly interfere with use of the
landing area by other authorised aircraft, or during any calendar
month that —
I
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
land each takeoff as a movement) of government aircraft is 300 or
'imore,, or the gross accumulative weight of government aircraft using
'the airport (the total mov6ments 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.traffic control, such areas of -land or water, or estate
therein, 'or 'rights 'in" buildings of ,the�;;s'ponsor .as the FAQ -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 required will be set
forth in the grant agreement relating to the project. Such 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 free and rental structure for the facilities and services being provided
thel.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. Rep'orts 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
age"''eements, 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) pa e 12
9
y
36. Minority Business Enterprise
'a. It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CPR mart 23 shall have the
maximum opportunity to participate in the, performance of contracts
financed in whole or in part with Federal funds under this_agreemen t.
Consequently, the ME 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*J.n part with Federal funds provided under this
agreement. -in this regard, the sponsor or its contractors shall take
1 _ all..necessary and reasonable steps in accordance with 49 CPR Part 23
to ensure that minority busines enterprises have the maximum
opportunity.to.compate for and perform contracts. The sponsoriand its
contactors shall not discriminate on the basis.of race, color, national
origin, or s c in. the award "aftd_ "performance of DO-T-assisted contracts.
c.' If, as a.condition of assistance, the sponsor.has submitted and the
Department has approved a minority buiness enterprise affirmative
action program which the sponsor agrees to carry out, this program is
;_:._.. inco��rated in this Ainas�cial,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 CrR Part 23, Subpart E, which sanctions
I` may include termination of the agreement or other measures which may
affect the ability of the sponsor to obtain future DOT financial
assistance.
do 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 ofcontract
:'.: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
MEs 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 set forth in 49 CFR Part 23,
37. !Equal Opportunity Clause.
a. It agrees that it will be bound by the equal opportunity clause of
41 CFR Part 60-1.4 with respect to its own employment practices when
it participates inFederallyassisted construction work; provided
FAA Form 5100-100 (8-81)
Page* 14
for construction or acquisition purposes for use in any area that has
bee6 identified by the Secretary of the Department -of Housing and Urbm
Development as an area havingspecial flood hazarda. The phrase 'Federal
financial assistance® includes any form.of loan, grant, guaranty,
insurance payment, rebated subsidy, disaster assistance loan or grant,
or -any. other form of direct or indirect ' Federal assistance.
40. Historic preservation. It will assist the Fa&rml grantor agency in its
ccapliance with Section 106 of the'Hational Historic Preservation Act
'of -1966 as amended (16 U.-S.C. 4`i0), Eirecutive Order 11593, and the
-Archeological and Historic Preservation Act of 1966 (16-U.S.C.'40a-1
at_.peg.) by (a) consulting with the State Historic Preservation Officer
on the conduct of investigationg, as necessary, to iden,4:ify properties
listed in or e34gible for inclusion in the National Register 'of Historic
..Plar s that are'subject to adverse effects (she 36 CFR 1Pazt-800.0). by
the activity, and notifying the Federal grantor agency of the existence
of any such properties, and by (b) -omplying with all requiremnts,
established by. the Feqpral grantor.--aggp-to avoid or..,MVt4- gate adverse
effects upon suchpppe'rtiss.
41. Rates for Air Carriers and Fixed Base 022rators. It agrea-3- that (A) each
air -carrier, authorized to engage directly in air tran rion
pursuant -to Section 401 or 402 of the Fedaral Aviation Act of 1958,
using such airport shall be subject to'hondiacriminatory and
substantially comparable rates, fees, rentals and other charges and
on S 6'e, carriers
n6ndiiicriibinat6k�y Conditions a r appli-c6ble to 611 such air '
whi6h-miake similar use of such airport and which utfliz6--oinilar
f6cilities, subject to reasonable classifications such as -tenants or
nontenants, and combined passenger and cargo flights or all cargo flights,
and:such classification or status as tenant shall not be unreasonably
witiih6ld by any sponsor provided an air carrier assumes obligations
substantially similar to those already unposed on tenant iiir 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 allotherfixedbaseoperators malting the,.same or
similar uses of such airport. utilizing the same or' similar faciutiesy
prevision 6vision (A) above, shall not require the reform'ation af-any lease
or. ther-contract entered into by a sponsor before July,12, 19761
provision (B) above, shall not require the reformation of zny lease
or other contract entered into by a sponsor.before July 1, 1975.
42. Computation of Rates. It is understood and agreed that W part oC-
the Federal share of an airport development project for which a -
grant is made urider the -Airport- and Airway Develorment Act of 1970,
as amended (49 U.S.C. 1701 et sect.), or under the Federal Airport
Act, as amended (49 U.S.C. 12-01 et seg.), shall be included in the
rate base in establishing fees, rates, and charges for users of the
airport.
I
FAA Form 5100-100 (8-81)
I?aqe .16