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Resolution 242-1980 RESOLUTION NO, 242- 1980 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A 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 FOR THE GRANTING OF FEDERAL FUNDS FOR PROJECT #6-12- 0037-05 AT THE 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 a Grant Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the United States of America, acting 1 through the Federal Aviation Administration for the granting of federal funds for Project #6-12-0037-05 at the Key West International Airport, copy of same attached hereto. Passed and adopted at a regular meeting of the Board of County Commissioners of Monroe County, Florida, on the 23rd day of September, 1980. BOARD OF COUNTY COMMISSIONERS OF MONROE OUNTY, FLORIDA By (SEAL) Attest: '---..... .- / L (h/?/~ii.; ,r- , C1er ~1...1OIW Ae,...~r.: tW.~~$ YJ~ -- pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADM INISTRATION GRANT AGREEMENT ~ ~ - :' ...~ ....... Part I-Offer Date of Offer .K:','~ i' , September 15, 1980 Key West International Airport Project No, Contract No. 6-12-0037-05 DTFA06-80-A-80128 I :.,. ~~j:" };-~'f . TO:. The Board of County. Commissioners, Monroe County, Florida (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") l WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 2, 1980 , for a grant of Federal funds for a project for develop- ment of tlie Key Hest Interna t i ona 1 "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: Expand customs ramp (2~800+ s,y.); Expand air carrier apron (3,600:!:. s.y.); Acquire CFR vehicle, 1500 gal. capacity water/foam including auxiliary equipment and three (3) proximity suits; Acquire CFR vehicle, quick response, skid mounted, 500 lb. capacity dry chemical including auxiliary equipment; Fill ditches in runway safety area and adjacent to taxiways. .. ;"0. , all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 (10-711 SUPE'RSEDES FAA FORM 1632 PG. I PAGE' \. . . ,- ,,' "- ','.' <.', \.'~-"'" ;,' ...~. "x. ~) : . .~. . ~ ~'_'>" "t-.' _~'" . ~ "',' ";,"~'I.<r~.":, -. -... ,,' ~'-"""""'-- '.," :I'~ lr "i.lo.l.,':'/<il9 .~:rY..i!'_.. ~;" '.-,""y: i;'''-:\~''''[''':':-~~'~':''::'I~~;~'f(' \ :..?~#iit.':: :' . Page 2 of 9 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. 1701), and in consideration of (a) the Sponsor1s adoption and ratification of the representations and assurances contained in said Application for Federal Assistance, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percent (90%) from funds appropriated under the Airport and Airway Development Act (as amended). This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of th~ United States payable under this Offer shall be $520,492. 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (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 Ai rport and Ai rway Development Act of 1970, as amended, and the Regulations of the FAA (14 CFR Part 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; ~. ---.-- it- , ;:~;" ,',..'......., (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 approve of the FAA~ .,~ (d) submit all financial reports on an accrual basis and if records are not maintained on an accrual basis, reports may be 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. 3. 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 26, 1980, or such subsequent date as may be prescribed in writing by the FAA. 4. Payment of the United States share 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. !.'.l i':""''';''\'' .,.."'.: .... . ; ",.,.~...._".".~ .\'~...J ,'-~".':'.,'; -<'<. ~';.L-.., ..;" ,.. r~."',' - \~ ..~ Page 3 of 9 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 20in 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 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. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. The allowable costs of the Proj~ct shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Regulations. 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 regulations of the Secretary of labor at 41 CFR Chapter 60, which is paid 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 take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex Dr 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 will 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 with 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. -, ~L ,.,,^ r-_ ~1nn 1.... In ,...,,\ - - --;;i{f/>('~~:';"$1:~::~~.litr't"$_.i/-:;:!~:,~\,.-,:,;;~i.j(-, "i.,fr.'>'t:<l/;;::l"::*::;':L~~~i~:;-':';:__:.,;.~ "Y,.'" . " ....r f"...'rr.. . ''l'" ~ ~: ' ~" ,~~'~' ~ .".. , ~ '. ,I'. ...1- , '~-;T~\'- . Page 4 of 9 pages (4) The contractor will comply with all provisions 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 with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination clauses ~f 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 11246 of 24 Sept~mber 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will 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 administering 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 will be bound by the above equal opportunity clause with respect to its own employment practices when 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. The Sponsor agrees that it will assist and cooperate actively with the administer- ing agency and the Secretary of Labor in obtaining the compliance of contractors 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) ""~'i~~::}~t;:':.-,~ . '.~. ~", '. .....f.'........ '-'.'-1'. . . .' :"'.~ 'c-, .) ; ';-. ~'~>;'~ ~;j. -' :-',,>. :- ...... . , , 'i.J'.~.""1:,~ 'T~r~ Page 5 of 9 pages for the supervlslon of such compliance, and that it will 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 construction contracts pursuant to the Executive Order and will 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 I II, Subpart D of the Executive Order. In addition, the 'Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering 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 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. 9. The Sponsor's financial records of the project, established, maintained, and made available to personnel of the FAA in conformity with the Regulations of the Federal Aviation Administration (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 term "Project App1 ication" wherever it appears in this agreement or other documents constituting a part of this agreement shall be deemed to mean "Application For Federal Assistance (For Construction Programs)." 11. 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. 12. It is understood and agreed that the Sponsor agrees to abide by the following statements in paragraphs (a)(l), (a)(2)and (b) of 49 CFR Part 23.43 subpart C dealing with Minority Business Enterprise (MBE) Programs of the United States Department of Transportation. (a)(l) "Policy. 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.1I tor-.- .. :,' r ( , .... ,.. ;. ~~: fo-",.-.J:... -'/0." ~~~7~~~'!f~~'.'~:' .'t.;- ;'~~. ,~r,<~ 't.,.- "..~ ~';~. tP~".., Page 6 of 9 pages (a)(2) "MBE Obligation. (i) The recipient 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 all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts." (b) "If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial ass i stance agreement by reference. Thi s 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 recipient of its fai 1 ure 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 that may affect the ability of the recipient to obtain future DOT financial assistance." .....-....... -... ,<,. J..... 13. This project and all work 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 receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA List of Violating Facilities. (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. , i l-. ~',\,,~':" ,. i ..,'~, , .;~.. ..,;. '_t_ .'_~ _ .. . _..;;-:\0',1:,,' . . :"", , A' ~";..::" . ~;;'",' . _.,,_.:,~';_;is:..~~-"'\ ,.\... ':jJ "'v.,. S., -,.,.r;.,.., ;.. ..,'V''''' ..,....,.,I.f~lt("j't'."."'."',. .' ....~....." '. ...., "'.....r.,.......".~d\.,~',.,,"\;,. Page 7 of 9 pages 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: ~' ~ :.. -, "including 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 flights, and such classification or status as tenant shall not be unreasonably withheld 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." L ',' ...,'''....~..-) 15. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 27 of Part V, Assurances of the application dated September 2, 1980, 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 for the activities specified in such agreements. 16. a. The parties hereto recognize that a continuing need exists for parking space for Government owned and controlled automotive equipment used or assigned for use in serving FAA facilities and equipment on and in the vicinity of the airport. It is agreed by the parties hereto that parking spaces for such automotive equipment are presently being provided without charge and that such arrangement will continue in effect until such time as the parties may reach a new and written agreement in such matters. r ,,,,," to.' b. The parties hereto further recognize the need for adequate parking space for motor vehicles used by FAA employees in providing them transportation to their place of employment and assigned duty stat ions on the ai rport. It is fully understood by and between the parties hereto that the Sponsor has made adequate parking space available to the FAA employees and that such parking space will continue to be made available to such FAA employees on terms that are as favorable as those provided to the Sponsor's employees and the employees of others having duty stations on the airport. It is agreed that such arrangement will continue in effect until the parties have reached a new and written agreement concerning such matters. r r " .~ ",_';r' ,:,\ :.":;,...J ,",": -'~'~~:" "-:~;.1-~" . .''-~, ~ u,~.._-,,/ "._""~ " >, :"",0.:.. '" It.'.... .: . c.: " ..'.'", "':'f~'" . Page 8 of 9 pages 17. It is understood and agreed that assurance number 8, on page 6 of FAA Form 5100-100 in the Project Application is deleted in its entirety and replaced with the following: lilt will require the facility to be designed to comply with Part 27, Non- discrimination on the Basis of Handicap in Federally Assisted Programs and Activities Receiving or Benefiting from Federal Financial Assistance, of the regulations of the Office of the Secretary of Transportation (49 CFR Part 27). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. II 18. It is understood and agreed' that the two sentences beginning with IIHowever, these..." following the period at the end of the second sentence of ;.~~,. assurance number 17 on page 7 of FAA Form 5100-100 in the Project Application, are deleted in their entirety and replaced with the following: "However, these limitations in the duration of the covenants do not apply to the covenant against exclusive rights and any real property acquired with Federal funds. Any breach of these covenants on the part of the sponsor may result in the suspension or tennination 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 thi s agreement. II ~.~;' ~ The remainder of this paragraph remains in full force and effect. 19. It is understood and agreed that assurance number 31 on page 8 of FAA Fonn 5100-100 contained in the Project Application is modified by deletion of the following, which follows the second comma in the first sentence: "paragraphs 7(a), 7(b) and 7(C)," and substitute therefor: IIparagraphs 4(a), 4(b) and 4(C)," The remainder of this paragraph remains in full force and effect. / ~ . . - ","j:'~!'~)""~;~"~~~S~~~t~!"7{1;:-t"':';;;~:',;'7',::~~::i'"';~;";,,,:;~~;~~f<f?2~~~~~~~~:i'6~;:~'f"'~':i;'\"'." ,....:tp..~"..~.'... . -- , ".. .' .-' . .~,1" . . . ,- .. Page 9 of9 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 Sponsor's 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. Part II -Acce The Board of County Commissioners, Monroe County, Florida, 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. Executed thi 5.............. .day of............................., 19...... By. . . . . (SEAL) ..~ 12- / Attest,(~~~.~Z;- Ti t 1 e. . . . . . . L ~ : . ... . . . . . . . . . . . Ti t 1 e. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE OF SPONSOR1S ATTORNEY I,.........................., acting as Attorney for Board of County Commissioners, Monroe County, Florida (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........................ thi s...... . .day of....................., 19........ ..................................... . Ti t 1 e. . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . .........,....-. :yf-' r I I ! ~ ~"'. ,,;~' .,-'" . " :';"'~n' . .' '" ~.'.. " ;;<tL 7"\,""'l" ," ~d", 'T.'c,( '(".' '-'~ :.i, ..., .~ .'