Resolution 206-1979
206
RESOLUTION NO. -1979
RESOLUTION ACCEPTING GRANT OFFER, ADAP PROJECT
NO. 6-12-0037-04, FOR THE KEY WEST INTERNA-
TIONAL AillRPORT, KEY WEST, FLORIDA, M~D AUTHOR-
IZING THE CHAIRMAN OF THE BOARD OF COUNTY COM-
MISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE
THE GRANT AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY CO~~ISSIONERS OF MONROE COUNTY, FLORIDA,
AND THE UNITED STATES OF AMERICA ACTING THROUGH
THE FEDERAL AVIATION j\,DJ.VlINISTRATION,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COllliTY, FLORIDA, as follows:
1. That said Board of County Commissioners of Monroe
County, Florida, hereby accepts the Grant Offer, ADAP Project
No, 6-12-0037-04, for the Key West International Airport,
Key West, Florida, tendered by the United States of America
acting through the Federal Aviation Administration.
2, That the Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute the Grant Agreement by and between the Board of
County Commissioners of Monroe County, Florida, and the
United States of America acting through the Federal Aviation
Administration, a copy of same being attached hereto and
made a part hereof,
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, in regular session held on the
18th day of September, 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE~O,UN~ ~~ORIDA
By (J,b,,~ @ac---- ---
C . ~rman
(Seal)
MMOWDM TO FORM
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APPROVED ON
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part I-Offer
Date of Offer
Augus t 31, 1979
/(ey ~'Jest International
Airport
Project No, 6-12-0037-04
Contract No, DOT - FA-79-S0-12152
TO: Board of County Commi ssi onc:rs, [,lonroe County, Flori da
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
August 16, 1979 , for a grant of Federal funds for a project for develop-
ment of the Key ['Jes t Interna ti onal Airport (herein called
the "Airport"), together with plans and specifications for such project, which Project Application,
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:
Install security fc:nce (11 ,500~ l.f., 6' Class E) plus 5 51-ling gates.
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all as more particularly described in the property map and plans and specifications incorporated in rj~",
the said Project Application;
FAA FORM 5100-13 PG. 1 110-711 SUPERSEDES FAA FORM 1632 PG. 1
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NOW THEREFORE. pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.c. 17(1), and in consideration of (a)
the Sponsor's 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 (,Iccomplishment of the Project and the
operation and maintenance of the Airport as herein 11'rovided, THE FEDERAL A VIA nON AD-
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United Stales share of the al10wable costs incurred in accomplishing the
Project, eighty percent (80%) from funds appropriated under the Airport and
Airway Development Act of 1970 (including 1971,1973 and 1976 Amendments).
This Offer is made on and subject to the following terms and conditions:
I. The maximum obligation of the United States payable under this Offer shall be
$ 132,000.
2. The Sponsor shall:
(a) begin accomplishment of the Project within ni nety (90) days
after acceptance of this Offer or such longer time 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 Airway Development Act of 1070, and Sections 15:2.51-
152.63 of tl).e Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein. as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula.
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 - 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the fi[1al grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section lJ~. 71 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG. 2 (7-72) I SUPERSEDES PREVIOUS EDITION
PAGE 2
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5, The 'sponsor shall operate and maintain the Airport as Provided in the Project
Application incorporated herein and specifically convenants 'and agrees, in
accordance with its Assurance 20 in Part V of said Application For Federal
Assistance (For Construction Programs), that in its operation and the opera-
tion of all facilities thereof, neither it nor any person or organization
occupying space or facilities thereon vlilldi.scriminate 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.
6. The FAA reserves the right to amend or v.Jithdra\'l this Offer at any time prior to
its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any
part of the costs of the Project unless this Offer has been accepted by the
Sponsor on or before September 20, 1979, or such subsequent date as may be
prescribed in writing by the FAA.
8. The Sponsor hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in
the regul at ions of the Secretary of Labor at 41 CFR Chapter 60, vlhi ch is pai d
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, the
following Equal Opportunity clause.
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion,
sex or national origin. The contractor will t~ke Jffirmative
action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, sex
or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination, rates of
payor other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this non-discrimination
clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants \'/ill receive consideration for employment
without regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative
of workers vlith which he has a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the
contractors commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
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(4)
The contractor will comply with all provlslons of Executive Order
11246 of 24 September 1965 and the rules, regulations, and relevant
orders of the Secretary of Labor.
(5)
The contractor will furnish all information and reports required by
Executive Order 11246 of 24 'September 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records and accounts
by the administering agency and the Secretary of Labor for purposes
of investigation to ascertain compliance VJith such rules, regulations,
and orders.
(6)
In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of the
said rules, regulations or orders, this contract may be
cancelled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246
of 24 September 1965, and such other sanctions may be imposed
and remedies invoked as provide in Executive Order 11246 of
24 September 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
(7)
The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provision of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted
by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order l124G of 24 September
1965, so that such provisions will be binding upon each subcontractor
or v'endor. The contractor vJill take such action with respect to any
subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with litigation with a
subcontractor or vendor as a result of such direction by the
admi ni steri ng agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United
States.
The Sponsor further agrees that it \<Ji 11 be bound by the above equal opportunity
clause with respect to its own employment practices \'Jhen it participates in
federally assisted construction work: Provided, that if the applicant so
participating is a State or local government, the above 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.
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The Sponsor agrees that it will assist and tooperate actively with the administer-
ing agency and the Secretary of Labor in obtaini~g the compliance of contractors ~,~~f
and subcontractors with the equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor that it will furnish the administer-
ing agency and the Secretary of Labor such information as they may require
FAA Form 5100-13 (8/77)
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for the supervlslon of such compliance, and that it \'li11 otherwise assist the
administering agency in the discharge of the agency's primary responsibility
for securing compliance.
The Sponsor further agrees that it will, refrain from entering into any con-
tract or contract modification subject to Executive Order 11246 of
24 September 1965 with a contractor debarred from, or who has not assisted
construct ion contra<:ts pursuant to the Execut i ve Order and \'Ji 11 carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part III, Subpart 0 of the
Executive Order. In addition, the Sponsor agrees that if it fails or
refuses to comply with these undertakings, the administeri~g agency 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 extendi ng any further assi stance 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.
9. The Sponsor's financial records of the project, established, maintained, and
made available to personnel of the FAA in conformity to Section 152.63 of the
Regulations of the Federal Aviation Adminsitration (14 CFR 152) will also be
available to representatives of the Comptroller General of the United States.
10. It is understood and agreed that the tenn IIProject Applicationll wherever
it appears in this agreement or other doucments constituting a part of this
agreement shall be deemed to mean IIApplication For Federal Assistance (For
Construction Programs).1I
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11. The Sponsor"will send a copy of all Invitations for Bids, advertised or ~~
negotiated, for concessions or other businesses at the airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative as
identified by the FAA Regional Civil Rights Office. The Sponsor will disclose
amd make information about the contracts, contracting procedures and require-
ments ava i 1 ab 1 e to the des i gnated OI'1BE representat i ve and mi nority fi rills on
the same basis that such information is disclosed and made available to other
organizations or firms. Responses by minority finns to Invitations for Bids
shall be treated in the same manner as all other responses to the Invitations
for Bids.
Compliance with the preceding paragraph will be deemed to constitute com-
pliance by the Sponsor with requirements of 49 CFR 21 Appendix C(a)(1)(x),
Regulations of the Office of the Secretary of Transportation.
FAA Form 5100-13 (8/77)
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12. 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 Ai~port 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.
13. This project and all vlork performed thereunder is subject to the Clean
Air Act and the Federal Water Pollution Control Act. Accordingly,
(1) The Sponsor hereby stipulates that any facility to be utilized in
performance under the grant or to benefit from the grant is not
listed on the EPA List of Violating Facilities.
(2) The Sponsor agrees to comply with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water
Pollution Control Act and all regulations issued thereunder.
(3) The Sponsor shall notify the FAA of the recei pt of any
communication from the EPA indicating that a facility to be
ut i 1 i zed for performance of or benefit from the grant is under
consideration to be listed on the EPA List of Violating
Facil ities.
(4) The Sponsor agrees that it will include, or cause to be included,
in any contract or subcontract under the grant which exceeds
$100,000 the criteria and requirements in these subparagraphs.
14. Assurance.Number 18 of Part V of the Application for Federal
Assistance incorporated herein is amended by including at the end of
the second sentence the following language:
lIincluding the requirement that each air carrier, authorized to engage
directly in air transportation pursuant to Section 401 or 402 of the
Federal Aviation Act of 1958, using the Airport shall be subject to
non-discriminatory and substantially comparable rates, fees, rentals,
and other charges and non-discriminatory and substantially comparable
rules, regulations, and conditions as are applicable to all such air
carriers which make similar use of the airport and which utilize
similar facilities, subject to reasonable classifications such as
tenants or nontenants, and combined passenger and cargo flights or all
cargo fl ights, and such classification or status as tenant shall not
be unreasonably v/ithheld by any airport provided an air carrier
assumes obligations substantially similar to those already imposed on
tenant air carriers. This provision shall not require the reformation
of any lease or other contract entered into by the sponsor before July
12, 1976.11
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15. The Grantee agrees to effectuate the purposes of Section 30 of the
Airport and Ain'Jay Development Act of 1970, as amended, by assuring
that minority business enterprises shall have the maximum opportunity
to participate in the performance of contracts financed in whole or in
part with federal funds provided under this 'agreement. For the
purposes of this provision, "fvlinorit.y business enterprises" means a
business enterprise that is owned by, or is controlled by, a socially
or economi cally di sadvant aged person or persons, such di sadvant age may
rise from cultural, racial, religious, sex, national origin, chronic
economic circumstances or background or other similar cause, such
persons may include, but are not limited to, blacks not of Hispanic
origin; persons of Hispanic origin; Asians or Pacific Islanders;
American Indians; and Alaskan natives. Grantee further agrees to
comply with such regulations as may be issued by the Federal Aviation
Administration to implement Section 30 of the Act.
16. The Federal Government does not now plan or contemplate the
construction of any structures pursuant to Paragraph 27 of Part V -
Sponsor's Assurances of the Application for Federal Assistance dated
August 16, 1979, and, therefore, it is understood and agreed that the
sponsor is under no obligation to furnish any areas or rights without
cost to the Federal Government under this Grant Agreement. However,
nothing contained herein shall be construed as altering or changing
the rights of the United States and/or the obligations of the sponsor
under prior grant agreements to furnish rent-free space and/or such
estates or interests in such land or rights in buildings for the
activities spec'ified in such agreements.
17. It is understood and agreed that the United States i'ii 11 not make
nor be obligated to make any payments under this Grant Agreement
unless and until the Sponsor has provided an Exhibit A Property
Map acceptable to the Administrator.
18. It is understood and agreed that the United States will not make nor
be obl igated to make any payments under thi s Grant Agreement unl ess
and until the Sponsor has obtained property interest satisfactory
to the Administrator for construction of the entire fence line
contained in this Grant Agreement.
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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 Airport and Airway Development Act of
1970, constituting the obligations and rights of the United States and the Sponsor
with respect to the accomplishment of the Project 'and the operation and maintenance
of the Airport. Such Grant Agreement shall become effective upon the Sponsor1s
acceptance of this Offer and shall remain in full force and effect throughout the
useful life of the facilities developed under the Project but in any event not to
exceed twenty years from the date of said acceptance except as otherwise provided in
Sponsor's Assurance No. 17, Part V of the Project Application.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADM NISTRATION
Part II -Acce
The Board of County Commi ss i oners Monroe County, Flori da, does hereby ratify and
adopt all statements, representations, warranties, covenants, and agreements
contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept said Offer and by such acceptance agrees to
all of the terms and conditions hereof.
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Florida
CERTIFICATE OF SPONSOR'S ATTORNEY
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(herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor
has been duly authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the State of Florida, and further
that, in my opinion, said Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at .f.1"j'l\ I. t~~~,.. . {.loll. . . . . . th is. .;.f!. . . . day of.. :?(:l? .t'. . . . . . . . . . . ., 19.7;2....
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