Resolution 069-1974RESOLUTION NO. 69-1974
WHEREAS, the Department of Transportation Federal
Aviation Administration of the United States of America has
given a grant offer for Project No. 8-12-0037-01 for the Key West
International Airport in response to the Board of County Commis-
sioners Project Application dated June 11, 1974, and
WHEREAS, it is necessary for said Board of County Com-
missioners to pass this resolution accepting this offer and author-
izing the Mayor and Chairman of said Board to execute same, now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that it hereby accepts the grant offer
described above, copy of which is attached hereto and incorporated
herein by reference, and authorizes the Mayor and Chairman of said
Board of County Commissioners to execute said grant agreement,
and for the Clerk of said Board to attest same.
BE IT FURTHER RESOLVED BY SAID BOARD that copies of this
resolution be forwarded to the Department of Transportation Federal
Aviation Administration of the United States of America.
DATED June 25, 1974.
• '� �/.�C1 ice.-. i.,x �=/�-_. .. /, f,-.( .
of 4 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Part 1-Offer
Date of Offer s S7.
lr`:oy Cte4t t-, .P7.n-toW+Y..na1.4.. =Y.sl
Project No. 8,-;12310V-103.
Contract No. x
TO: ld 's ?r r C rml �Liq`itinid rz p. k n fwa 9.&� ,d R 9ka
(herein referred to as the "Sponsor')
Airport
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
elkA Fx .1 7.1 , for a grant of Federal funds for a project for develop-
ment oil-he1�• Airport herein called
the "Airport"), toget e'r witi pans 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:
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vwat 4;ftA-. >�r'za'L.rti}
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 110-71I SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1
RWageY`of 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 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 accomplishment of the Project and the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, 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, dty— five. rR.F r.t (7St) of 11 e i.;Pblo gr�ro jegl-_ cofts ~
This Offer is made on and subject to the following terms and conditions:
The maximum obligation of the United States payable under this Offer shall be
$ 139;?.20-o
2. The Sponsor shall:
(a) begin accomplishment of the Project within q;tXt' 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 1970, and Sections 152.51-
152.63 of the 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 final 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 152.71 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. _
t '+
Page 3-of ¢ pages
5: The Sponsor shall operate and maintain the Airport as Provided in the Project
Application incorporated herein and specifically covenants and agrees, in
accordance with its Assurance 4 in Part III of said Project Application, that
in its operation and the operation of all facilities thereof, neither it nor
any person or organization occupying space or facilities thereon will discriminate
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. 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 ,JUN 2 9 1974 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 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, contract,
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 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 pay or 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 nondiscrimination 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
contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
FAA Form 5100-13
•
Page_3a of 4 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 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 provided in Executive Order 11246 of
24 September 1965, or by rule, tegulation 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 rrovisions 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 September
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 interes.ts.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
participatiag 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 iri work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the administer-
i.nk, agency and the Secretary of habor in obtaining the compliance of contractors
and subcontractors with she equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor that it,will furnish the administer-
ing agency with the Secretary of Labor such information as they may require
FAA.Form 5100-13
Page 3b of 4. pages
for the supervision 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
contract or contract modification, subject to Executive Order 11246 of
24 September 1965, with a contractor debarred from, or who has not demon-
strated eligibility for, Government contracts and federally 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 III, Sub-
part 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, orsuspend
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 to Section 152.63 of 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 terms "Administrator of the Federal Aviation
Agency", "Administrator", or "Federal Aviation Agency" wherever they appear in
this Agreement, in the Project Application, plans and specifications, or other
documents constituting a part of this Agreement shall be deemed to mean the
Federal Aviation Administrator or the Federal Aviation Administration as the
case may be. It is also understood and agreed that the term "Federal Airport
Act" in said agreement documents shall mean 1°Airport and Airway Development Act
of 1970".
11. The Sponsor will send, a copy of all Invitations for Bids,.advertised, or nego-
tiated, for concessions or other businesses at the airport to the Government
Procurement Specialist, Atlanta Regional Office OMBE, 1371 Peachtree Street,
N.E. -. Suite 505, Atlanta, Georgia 30309, or to the local affiliate designated
by the OMBE. The Sponsor will disclose and make information about the contracts,
contracting procedures and requirements available to the OMBE or its designated
affiliate and minority firms on the same basis that such information is dis-.
closed and made available to other organizations or firms. .Responses by minority
firm, to Invitations to 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 compliance
by the Sponsor with the requirements of 49 CFR 21, Appendix C(a)(1)(x), Regula-
tions of the Office of the Secretary of Transportation.
FAA Form 5100-13 (2-74)
-a or c-ontamolwte tle- corxtrwtiGn Of
Tba Federal (bv 11ment ms, not no� w i?la
-en :, zrstant to '-?arzkg37jp 9 of pa:rt ill
any structu�L i
Of tojec-It- kpq.lic'ation.
,M, anO, thcrefom,- it ir,
miderst-nod and, Agree-1-1 that the sponsor is under jiG obligation tQ furnish
amy al-re-16 or riq11to Witho-at coat to tla-- 7"te-laral COverntllent =der this
5%A e
Gra.n,t Agreer,,ap,t. Fowever', nothIng COntaiMd Ilercill 11 'Ll st
ai -ie
as alt-arinq or �c x-iojita oaf Uhited States zme-/or V.
oh-Ulyttima Of the sponaar.wider prior Crant AgreemeritS to ftr-Ii9b
9�raa &'pace for the Aztivitics S;?naclfiod in such agreamnts.
Co-atimling -tided M. n.ro'7idc Conold' Int
park: nry v-paces f4y IM e-m-nIoYega ar,` for govcrnment-wned veh-icltz necessax7',
in thm ceperatioTi-&nd minters n:e.cf facilities anti P.qIuiV;r4vt on or in the
,ricit,4 thf_% airmort. Vie Sponsor agrean to 'Prcme. MSuch reasomble
arid.necaaaary apiames &t IvLO CJst 'tO the, FA -A - fOr 4Nve-
and awn terT—,-- for rAA that are a.3, t!,ose provide'-d thf'4
f3poneor's ennployaon lvrving duty '-Ak--ttion at t�he-alzrpo---'
It it. vtmtualw UmIctratmd mml►re at tha "z*,irport Lighting Aqrec�ntl*
eiatecl jinke 4, 1974, iF,- ir-c-narynrated herol," by. reference aoia may -e zX 1,V:Ixt
liereof a3 if set out in fr-11.
it 13 UnArImsto0i anc! a4qreb-d that Vodeml ps-'I in IC-11C iterog lieted
is bat 10 0 A �703't
. cas ra,". portiorn o- - tl., t ta".
vor pilrpoAes Of 0^-*PG.L.ing the r .
unitod state= shara Of allaw-r'ble Project cost
Lmder tile Grant Agreiment, the foliOWiV�- CO=-Ulcl shall bib lmed�
(a) 'Lighting "Panca"loard
(b) Power Geziarator
startir.,gy L;attcrles and-' Ram)i
M Tdd'�Ild �!otqLIU& conduit
(q) mactic nex,,trical
AJ-.1- ot�her
.mmgimum rederal
715% of
79.2-4v of tot a"
c0sit
75% of
79.CM
of tntal
cost
7-5t cf
79.16%
of total
cost.
75% of
79. 3 It
of 'botea
CO:5t
M of
79.6-S
CE total
COUt
75t of
79.6*
of Wtal
ci;)st
751% of
TLG-V
of t0tal
COSt
75h egg
total
cost
In- Tt in mderst000. and, agreac", that the LIhitad otate"s will. not nake "r %'n
OblicIoLte-6 to zalke pwym-laats in excesa 0112 50% of the. mximmm dbligatio-ra
et
S-0t forth on page 2of this rrant =Iews jmd. �xmtil %-!mns sr has certified
An mooha approach
pr&ac�jem to %,-,wayx 4, and .4117 are cleared to t t
ratios establi$7-,Md- LY MR Part 77r, section, 77.25,
P .34 or 4 PAGES -
2- It is rxto &%d aoree V%a t' t1m Mited Stag will
he b ig-ate to M"a fin41 0_*Ymont Wider this gTAat w1ema .and U`til
tho Spmsor has acgx i i with or. vithout .Yedsval to
pzopoi t*rest.a vatis fatcto to the . a InUtrAtor in to r1anway .
cls o area fewRunway 2.7 r ' .as pr"cxibma in Becti s 152.9 and
'52.1 of t'he Vedagral. Aviati lations
_r
I,i e 4 of ?_: pages
The Sponsor's acceptance of this Offer and ratification and adoptions of the Project Application
-incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Develo-pment 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.
UNITED STATES OF' AMERICA
FEDERAL AVIATION ADMINISTRATION
PiEtt
(TITLE) . .
Part I1-Acceptance
boar of c a .n,ty
The tp, a . -It, 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 thereof.
Executed this ...................... day of................................ 1974..
o .f,:MmAy. i � zX� a �?S1nC��`� s r�!!'rq*a
IJ (Name of Sponsor) Florl, a
By...........................................
(SEAL)
Title...........................................
Attest: ...................................
Title: .....................................
CERTIFICATE OF SPONSOR'S ATTORNEY
sins "c 4"£ a:x AK f CVT
I . .................................. . acting as Attorney for i~ e .crA-wity. ........
(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 auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of .......V,110:rt ........'........ ,and further that, in my opinion, said Grant
Agreement constitutes a.legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Datedat ..............................this.......... day of.:....:...................., 19.7.4.
Title.................... ... - ..... .
FAA FORM 5100-13 PG 4(10-71) SUPERSEDES FAA FORM 1632 PG 4
PAGE 4