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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 ANIJ~ $UFI",/>'C/~N5Y>y .',/) ~;/ /// f ./" , /;...~>{/,<-, .,'-z:;;.....? B'r ____",_..,.,_".,., ,!" , /(~:;;'neVs OffiCII APPROVED ON "--r \ I ~ -\ ~ -1\ ~ .- BOOK PAGE I~ 2'" n___ 1 of 8 pages 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. , ~ r'-~,I ~;"'.f. " ~.7;;\;,.1' l~.~ ~.~.1,. :> r---- ~""",; ,,' -~,-r-1 , ~''"'~;~ ~. - " .. ' ~ ,', ~" ~ ~ ~".:L r~~;' 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 PAGE I '. jifi~"#i'~~~;6j:';:~:~;2{~: ~'.~":1.-'~.-, ~~_, ',' ~. ,,;::- ......:} u. . .;ol; -.;- ." 1; . .'" ~ ... -. "'"2--~t; F of 8 pages 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 ( '~.';~r't'i'a.1:~;~;'!# > ~~ . ," ~- .~-.'.-- .-"'1 ~/.J.,.,t~~!':~~J' _. l~~w'~,i r;:~~~",:~'~~-l.~ 'f,:......~'*~_.;"- r~~~..:'~. ~:: h~.......~' ~~~~~~:';; ".. ~ ~~~~ r."..." " " .....,'~. ..;;~.. V'~~~~. r , ,~.' , ':;"Cf:~.' ". . 2:.- ",J'"' II Page 3 of S pages 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. ( ,,,' .'!..\..~.. i<,....~;"I".- " .v~..~~. ',~~-r~" . ~. '1"",.. P , I"'I.,.~~""'" ~.....", ~>--,~,', '_7, ~1' -'-",;,. . r ~;t-'"l. ~ l~~~ ~ . ~'t:~::'f~:"'."':r';*.:.t)'l:,~;l;~~4.',~~'.r:,;.~_'; ...,'~'~' '.;. , "",'c~o{1 Page 4 of 8 pages (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. . ,.; . ~ "... 1 ~~)~:1,~~~" ~f...~e;"l>', ~~"",., " ~iii~. ~p,\ ;.1$ \,-,0(' ,~? ;!ft~:~'~ ~::~~~r~ .~ -. 'i;1 ~*: 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) ~--~~~~~~~..~~_:~:) :'~'.:.:~,~:~-:- -: ..",' ~..' -. ..~. >'-'~ --~ , -\.!): ~c: . ;.~'" :'~r.' ,.~. 'lJ"'-~ Page 5 of 3 pages 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 ~: . .~ , b t~W:~~"~ (i/I.~~ :-:-~,::',.. l:l:;;.""'-'t';; ,~(~;-", ;:':.;.,;~ r*:~""" , ~-":':F;L . , !""'~','.,' ::",}t., 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) I .~.(t~, j.;,'. I r too., . t.J~,'F ,~tt..." t' ( ,t ~~;~~~' ,,~'->":?-: .;~! :./: PAGE 6 OF 8 PAGES 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 - -. '"' ~ ,. .:~.- '. l'L,....., '1' '''i,lM. (+~fj ~I.. ,<' "'".,..., ~ ~"~ ~~. ,',.' "'~_"""," ~~":(W - ~( .. ,', ..-- ~l.~~~ ft'J':~ ..."t~~l' - 'It:.'HtriJ', , ~'<~:">,,::,_:. . ~ "'-.' '. .~.,..'. "..-;. ...,~-: ,",,>; '.lIt: .~.:-!.... .....,;,,':~ <';;::'"'''''' . . ,-' ,1 Page 7 of 8 pages 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. '....tk',\it,,;'~,. ' ';,.-,.:,,,., " :...., " (.. :~,tl.'"" f''!~'-''::''_''Ft'"..,.,:,r., "lJ. . ,.".. :'i P' .;- . .~". i,-~"'- -, ~-~ " 1'........"....-... .., "',~""~~~'i,. tt:::.;,\'f::-,. ~....~~,...'\.~ f,~,$C;; ~~ ~?:.;. " - !, ....... , "'l!':V"":>,., ~,:",.' .' Page 8 of 8 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the 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. E t d h ' 18 th d xecu e t, s. . . . . . . . . . . . . .. ay of. .. ~~p.~e;~~~.r.. . . . .. . .. . . . . . ., 19.??. Florida CERTIFICATE OF SPONSOR'S ATTORNEY I , . . ."?u /#".~. t. . . .i{. . (':'.~.: i ., acting as Attorney for..f 2 ?"~ !,-'.C. C .. . (~\,~.~ .J. ~ ~ . . .. . . . . (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.... ;3.. /, . /11 L./ ///1'0..4 . . . .. ;/.;~. / .I!'!-:f'i.'. . . . . . . . . . . . . . . . . . . . Tit 1 e.. . .G91lP.t.X . ~t-.t;q:rP~.Y. . .. . . . . . . . . ;"~':'..~' '... ~~"!'f~~ ~:~~~l:~ . ~!'- ~'. ~~ ~~.:.:c~ r~ ""Jt' ~~~~. - L, ~~~:,. !l'f~;... (4" " ..... LA .... , ~...~::.~~;i"~>'.':.,.:~.'.\:;J...J"")':r': ~';'~. .. ,.' ~... r ",' ~'l;r"