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Agenda 02/10/2009 Item #16G 2 Agencia Item No. 16G2 February 10, 2009 Page 1 of 18 EXECUTIVE SUMMARY ~ Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute a grant agreement with the Federal Aviation Administration (FAA) in the amount of $101,741.00, and approve all necessary budget amendments, for construction of the aircraft apron (north) at the Marco Island Executive Airport. OBJECTIVE: That the Collier County Board of County Commissioners approve a Federal Aviation Administration (FAA) grant agreement in the amount of $101,741.00, and all necessary budget amendments to fund construction of the aircraft apron (north) at the Marco Island Executive Airport. CONSIDERATIONS: The Collier County Airport Authority received notice of an FAA grant award for $101,741.00 for construction of the aircraft apron (north) at the Marco Island Executive Airport on January 30, 2009. The FAA requires execution of the grant agreement no later than February 13, 2009. This grant will enable the Collier County Airport Authority to significantly enhance safety at the airport by providing sufficient aircraft operation and movement area ensuring compliance with FAA Airport Design Criteria and State and County Codes. ,~ The total estimated project cost is $1,062,557,00. The grant award is for $101,741,00, The Florida Department of Transportation (FOOT) will provide $929,216 in funding for this project, pursuant to the Master Joint Participation Agreement 2008-A, approved by the Collier County BCC on June 20, 2006, Agenda Item No. 16(G)(1). The balance of the required funding, $31,600.00 is available in Fund 496. FISCAL IMPACT: A Budget Amendment is necessary to recognize this FAA grant revenue in the amount of $101,741.00 in Fund 496. LEGAL CONSIDERATIONS: Pursuant to the FAA direction, the County Attorney's Office will certify the document following the Chairman's signature. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG GROWTH IMPACT: There is no growth impact associate with this Executive Summary, RECOMMENDATION: That the Board of County Commissioners accept a grant agreement from the Federal Aviation Administration for $101,741.00, approve all necessary budget amendments, and authorize the Board's Chairman to execute said grant agreement to fund construction of the aircraft apron (north) at the Marco island Executive Airport .___ Prepared by Debbie Brueggeman, Executive Assistant, Collier County Airport Authority. Page I of 1 Aqenda Item h1o. 16(32 - February 10, 2009 Page 2 of ~8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G2 Meeting Date: Recommendation that the Board of County Commissioners approve and authorize Its Chairman to execute a grant agreement with the Federal Aviation Administration (FAA) in the amount of $101741 ,QQ. and approve all necessary budget amendments for construction of the aircraft apron (north) at the Marco Island Executive Airport 2/10/2009 90000 AM Item Summary: Approved B)' Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 2/2/20094:39 PM Approved By Mariene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 2/3/2009 8A8 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 2/3/20099:17 AM Appro\'cd II)' Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 2/3/200911:40 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/3/200912:03 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 2131200912:54 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/3/2009 2:30 PM file://C:\AgendaTest\Export\ 123-Februarv%20 10.%202009\ 16.%20CONSENT%20AGEND... 2/4/2009 o Ag2nda item No. 16G2 February 10. 2009 Page 3 of 'is i..),S, l"2;)01TT:cnl of Trof'soo":Jlion O~landJ Airports District Office 5950 Hazeltine Nationa! Dr Suite 400 Orlando. FL 32822.5003 Federal Aviafion Administration Phone: 1,407) 812.6331 Fax: (4071 812-5978 January 29 2009 Ms Theresa M. Cook Executive Director Collier County Airport Authonty 2005 Mainsail Drive SUite 1 Naples, F!orida 34114-8955 Dear Ms. Cook: RE: Marco Island Executive Allport, Marco Island, Florida AlP Number 3-12-0142-006-2009 Grant Offer We are enclosing the onginal and two copies of a Grant Offer for AlP Project No. 3-12-0142- 006-2009 for Marco Island Executive Airport, in response to your Application for Federal Assistance dated January 22, 2009. Your acceptance of this Offer will constitute a Grant Agreement by which the government will participate in the allowable costs of the project amounting to $101,741 (Federal share). Once the authorized official has executed the Agreement and the official's signature has been notarized and sealed/stamped, the attorney for the Collier County Airport Authority must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs It AFTER the Sponsor. If the terms of this Offer are satisfactory. please execute the document as soon as possible, but not laler than February 13, 2009. To assist us in administrative reporting requirements you are requested to notify this office by faxing the signature page of the grant or by telephoning us Immediately upon executing the grant The original and one copy of the grant need to be returned to this office. The remaining copy is for your file. Please allow approximately 30 da,!s after retumino final executed orant to thiS office before attematino any drawdowns from the letter-of-credit account. Sincerely \ /- .--f~r-n I r L--f. ~ 1 ' [0v - ~i/~~ Krystal G. RltcllC?Y U Jktlng Manager 3 Enclosures cc. Jefi Leopold, FDOT/1 ~ GRANT AGREEMENT U SlkICllrrmllfIJ ,.,-'T'l;\rJ.'I!XlrWrIOf'l Fer:Jc.rltlAvitlU"n Admlnit>lration Dille 01 Offer. J_nuary 29, 2009 Project Number: Recipient: Airport 3-12-1)142-006-2009 ColI~r County Alrpm Authority (Herein celIe;! Sponsor) Marco Islartd Exeo:utlve Airport OfFER THE FEDERAL AV!ATION AOMINlSTftA,TfON, FOR AND ON ElCHALF OF THE UNITEO STATES. HEREBY OFFERS AND AGREeS to pay, as the United States' ~afe, ninety-five percent (95%) or the allowable costs irl(Ml'ed It'! accoi'f1piishing ihe o:oje-:l consIsom3 of the foliowlng" ;'ConstftJd A.ircran Apron Expansion North" 3$ mOre pa<1IcUlarl~' ciescnbed In llle PrOject App!ication. dsied January 22. 200~L Tr,e meximum obligation af the Unilp.d Stales payable 'fllderthisOffer shall be $1D1 ,741 for aIrport de...el:J.pmlllnl ThiS offer is made in ~ccofcance with and lor tnepuroostl of carryi~g out the app:1cilble- proYl~ons 01 thE' Federal A....:a1ion Act of 1958. as amen{let!, codified ~t Title 49 of the United Slate!'! Code. ACceptance and e)(ecuttorl of t~IS :offer shall comprlse a Grant Agreement. ~s provided by TrUe 49 of the United States Code, c-onSiirutlng lhf,l con",,",al c"'9,"on, and ,~h" or Ihe "orten State' and !2onso~ ~ UNI"Tl:OSTATES OF AMERIC.A. ! ./)~ ,.<'_~_~.--- FEDERAL AV1;..TION ADMINISTRATION Actlr.g ManOlger. Airports DIS1nd o~ ACCEPTANCE The Spor,<;or agrees to accompliSh the proJect in compliance Wllh the terms and col'ldrtion.s conjained herell'l and in the docu~n~ "Terms and Cond'.tions of Accepting A)rpolt Impro\'emenl Program Grents" elated March 29. 200& Exe:::;.;red lhis _ da~ of is!:al) .20_ Name o( Spom..or Allest Signature Dr Sponsor's ueslgnatrtd Off::::ial Representative TIle Tille CERTfF1CATE OF SPONSOR'S ATTORNEY I. cc-rt:~-f: , :;l:;;{1f'19 as AIlQr!'le.y for the Sponsor do her.::tfo; fhat in rr.y opinion me Spcns~r IS ertlwwer'?c to e:'Jtc.r into the foregOing Grant AgreflJT!er.t under t'1e jaws of Slate cf F1ori(iaFurther. i have examined the for~oil1g Gra..l Agreement, and ltle actions t(:li-:.t:i1 b~' sa;d Spanseor rei.<:lling lt1o:l'r~lo, 'and find II".al me ar.C'eptance thereof by said Sponsor &Ild SCOflSdfSofflCii'l1 'BP'reli'Sl1tiJlI\re has beer, jw~ autho'ized and tt:tlt the executlor, thereof iro in a:i respects due and prooe~ a,'ld :r: a~ot{jil.l\C~ With me laws of the ~id S:ale al':':i the Filpplicable pro\'lsiomt Of t.he Fed~r.9.1 A\li~liol1 Ad 01 '958. as arnt:md~d, codified at Tllie 49 of 'L"le United St2tes- Code In i:lddillG:1. for grsn~s in\lolvin~ prOjects 10 lie carried w;l on :.lroperly not owned by the Sponsor, !nero are fl0 legal i:np~'Jiments that wril prevent f.;1I ~IeI!O!"m6nce by the: SPC'lSOr. F...rther, IS ,y opinio/'1 thai the said Gtdfl{ A9teenl8n! co.'lstitulesa iegill and binding 'Jbii9atJPfl of :n(! SPOIl~Ql" in '. .r{2" 0<, W,"" '0, I,,","h, codl 0' '~i~: .atUfeClf Sponsor's Attomey Date -'---~7;ae'!:;'cra--ITemTJo:--T 6G2 'm~__ " February 10. 2009 Page 4 of 18 :,genca item 1\10. 16G2 February 10,2009 Page 5 of i3 ASSLRA"ICES Airport Sponsors ""-~..__..~.._.__.~_._-.--_._-- A. General. 1. These assurances shall be complied with in the perfomlance of grant agreements for airport development. airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.c., subtitle VII, as amended. As used herein, the tcnn "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private ov.'ner of a public-use airport; and the term ltsponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or ~oise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The temls, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed \vithin a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer ofFedera] funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airpOlt. There shall be no limit on the duration of the ternls, conditions, and assurances with respect to real property acquired with federal funds, Furthellllore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning lIndertaken by a Sponsor. Unless otherwise specified in the grant agreement. only Assurances 1, ~, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects, The terms, conditions, and assurances of the grant agreement shall remain in fulJ force and effect during the life of the project. c. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Rl'quirements. It \\'i]l comply with all applicable Federa] laws, regulations, executive orders, policies, guidelines. and requirements as they relate to the application, acceptance and use of Federa] funds for this project including but not limited to the follol},!ing: Federal Legislation a. Title 49, U.S.c., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.c. 276(a), ct seu,l c. Federa] Fair Labor Standards Act - 29 U.S.c. ~Ol, et seu, d. Hatch Act - 5 U-S.c. 1501, et seg/ Airport Assurances (3/2005) Aoenda Item No. 16G2 - February 10. 2009 Page 6 of 18 2 e. Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(1).] g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c,] h. Native Americans Grave Repatriation Act - 25 U.S.c. Section 3001, g ~. L Clean Air Act, P.L. 90-148, as amended. J. Coastal Zone Management Act, P.L. 93.205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(.) - 42 U.S.C. 4012a1 1. Title 49 ,U.S.e., Section 303, (fomlerly known as Section 4(1)) m. Rehabilitation Act of 1973 - 29 U.S.e. 794. n. Civil Rights Act of 1964 - Title VI - 42 USe. 2000d through d-4. o. Age Discrimination Act of1975 - 42 U.S.e. 6101, et seq. p. American Indian Religious Freedom Act, PL. 95-341, as amended. q Architectural Barriers Act of 1968 -42 USC. 4151, et seo1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.] s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.] t Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.e. 4321, et seo.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq2 x. Drug-Free Workplace Act of 1988 - 41 U.S.e. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity I Executive Order 11990 - Protection of Wetlands Executive Order 11988 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Fecleral Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction! Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - AilJlort noise compatibility planning. d. 29 CFR Part I - Procedures for predetermination of wage rates. ] e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.l f. 29 eFR Part 5 - T .ahor standards provisions <lpplicable to contracts coveJing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safcty Standards Act).' g. 41 CFR Pali 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).] Airport Assurances (3/2005) '~,::E:nc;a !t~;rn t'JO,'i U32 ~ February 10, 2009 Page 7 of 18 3 h. 49 CFR Part] 8 - Unifornl administrative requirements for grants and cooperative agreements to state and local governments.3 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of] 964. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 2 49 CFR Pan 211- Participation By Disadvantaged Business Enterprises in Depmtrnent of Transportation Programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.l 49 CFR Part 29 - Government \vide debarment and suspension (non- procurement) and government wide requirements for drug-free workplace (grants). 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors, 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. I I. I. k. L m. n. o. p. q. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-I J3 - Audits of States, Local Govemments, and Non-Profit Organizations 1 These laws do not apply to airport planning sponsors. 1 These laws do not apply to private sponsors. ) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and I,oeal Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agenc)" Sponsor: It has legal authority to apply for the grant, and to finance and can)' out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's g0verning body authorizing the filing of the application, including all understandings and assurance." contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional inforn1ation as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all tem1s, conditions. and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) ,L,genda Item f\Jo. 16G2 February 10, 2009 Page 8 of 18 4 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. F or noise compatibility program project" to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the ternls, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any out "tanding rights or claims of light of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the propelty shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations ofthe grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor1s interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as othef\vise specified by the Secretary, that agreement shaIl obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied direcily to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the temlS of the agreement. d. For noise compatibility program projects to be calTied out on privately owned property. it will enter into an agreement with the owner of that Airport Assurances (3/2005) .A,aenda Item No, 16G2 ~. February 10. 2009 Page 9 of 18 5 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor. the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airpOlt at \vhich project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of tile airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, v/hen requested by the Secretary, submit a copy oftne transcript of such hearings to the Secretary. FUlther, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the SecretalY conceming a proposed project. 10. Air and 'Vater Quality Standards. In projects involving airport location, a major I1mway extension, or runway location it will provide for the Govemor of the state in which the project is located to certify in \\.Titing to the Secretary that the project \vill be located, designed, constructed. and operated so as to comply \vith applicable air and water quality standards. In any case ",'here such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify' shall be- provided within sixty days after the project application has been received by the Secret3lY. 11. Pavement Preventive Maintenance. ''',lith respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport. it assures or certifies thai it has implemented an etreciive aiqxJl1 pavement maintenance-management program and it assures that it will Lise such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) Agenda Item No. 16G2 February 10, 2009 Page 10 of 18 6 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use ail1'ort, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Cnde, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, document..., papers, and records of the recipient that are pel1inent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum '''age Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve Jabor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment oflabor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only vvhere the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other perfonnance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances (3/2005) Ag8nda Jtem NO.1 SG2 February 10, 2009 Page 11 of 18 7 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the spon<.;or or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required peltaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be suhject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and othenNise use any of the material prepared in connection \vith this grant. f. It will grant the Secretal)' the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretal)' the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's appro\'a1 of any planning material dcveloped as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United Stales, shall be operated at all times in a safe and serviceable condition and in accordance \vith the minimum standards as may be required or prescribed b.y applicabie Federal, state and local agencies for maintenance and operation. It will not cause or pemlit any activity or action thereon which would interfere \I.'ith its use for airport purposes. It will suitably Airport Assurances (3/2005) Agenda Item r-Jo. 16G2 February 10, 2009 Page 12 of 18 8 operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non~aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions: and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further. nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airpOli hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use ofland adjacent to or in the immediate vicinity of the airpOli to activities and purposes compatible with nom1al airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with n:spect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It v.,ill make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person. finn, or cOll'oration to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable, and not unjustly discliminatoI)', basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, Plices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) item ['40. "'I GG2 rsbruary 10, 2009 Page 13 of 18 9 c. Each fixed~based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air caJTier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or pern1itted by the airport to serve any air carrier at such airport. e. Each air c31Tier using such airport (\vhether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions. rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities. subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar io those already imposed on air carriers in such classification or status. f It \A'ill not exercise or grant any right or privilege which operates to prevent any person, firm. or corporation operating aircraft on the airport from performing any services on its own aircraft with its O\vn employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perfoon. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. l. The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It vvill pell11it no exclusive right for the use of the airpol1 by any person providing. or intending to provide. aeronautical services to the public. For pUlvoses of this paragraph. the providing of the services at an ailVOl1 by a single fixed-based operator shall not be construed as an exclusive right ifhoth of the follov.,'ing apply: a. It would be unreasonably costly, burdensome, or impractical for morc than one fixed-based operator to provide slIch serVices, and b. If allowing 1110re than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based opcmtor and such airport. It further agrees that it will not. either directly' or indirectly. grant or pcnnit any person, firm. or corporation, the exclusive right at the airp.)]1 to conduct any aeronautical activities, including, but not limited to charter flights. piklt training, aircraft rental and ~ighiseeing. aerial photography, crop dusting, aerial adverti"ing cmd surveying, air can-jer operations, Airport Assurances (3/2005) l\gBnda Item No. 16G2 February 10. 2009 Page 14 of ~i 8 10 aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs ofthe airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, hO\vever, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3,1982, in governing statutes controlling the owner or operator's financing, provide for tne use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airpOlt, local taxes on aviation fuel) shall not apply. b. As pa11 of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit wlll review, and the resulting audit repOJ1 will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations repOlts as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a f0011at prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) ,ilganda !t8m No, 16G2 rehiuary 10. 2009 ?age 15 of 18 II agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the tenns, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a fomlat and time prescribed by the SecretalY, provide to the Secretary and make available to the public follov.'ing each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for \vhich each such payment \vas made: and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Govemment aircraft in cornman \vith other aircraft at al] times \vithout charge, except, if the use by Govemment aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise detennined hy the Secretary, or othenvise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those \'\'hich, in the opinion of the Secretary, would unduly interfere \vith use of the landing areas by other authorized aircraft, or during any calendar month that- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Govclllment aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will fumish without cost to the Federa] Government for use in connection with any air traffic control or air navigation activities, or \\'eather-reporting and communication activities related to air traffic control, any areas ofland or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction. operation, and maintenance at Federal expense of space or facilities ror such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretaly. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (I) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structure" (such (IS nlll\Vays, taxiways. aprons, terminal buildings, hangars and roads). including all proposed extensions and reductions of ex isting airpol1 facilities: and (3) the location of all existing and proposed nonaviation areas and orall existing improvements thereon. Such airport layout plans and each amendment. revision, or modification thereof, shall Airport Assurances (3/2005) Agenda Item No. 16G2 February 10. 2009 Page 16 of 18 12 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the propel1y. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (I) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airp011 as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That p0l1ion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or \vithin the national airport system, or (2) be paid to the SecretalY for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) t'\genda item t>Jo. 16G2 Fe~liuary 10, 2009 Page 17 of 18 13 c. Land shall be considered to be needed for airport purposes under this assurance if (l) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 19R7, \vas notified by the operator or owner of the uses of such land. did 110t object to such use, and the land continues to he used for thRt plll-pose, such Il"e having commenced no later than December 15, 1989. d. Disposition ofsllch land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated \vith operation of the airport. 32. Engineering and Design Services. It \vil1 award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services \vith respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opp0l1unities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It \vill carry out the project in accordance with policies, standards, and specifications approved by the Secret31Y including but not limited to the advisoIY circulars listed in the Cun'ent FAA Advisory Circulars for AlP projects, datcd __ and included in this grant, and in accordance with applicable stak policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It wiIJ be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will payor reimburse property owners for necessary expenses as specified in Subpm113. (2) It \-vill provide a relocation assistance program offering the services described in Subparl C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 eFR Part 24. (3) It will make available vvithin a reasonable period of time prior to displacement, comparable replacement dv.'cllings to displaced persons in accordance \-vith Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will pemlit. to the maximum extent practicable. intercity busc~ ur olher modes of lransportation to have access to the airport, however. it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, COiOL national origin or sex in the award and perfomlance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 eFR Part 26 to ensure Airport Assurances (3/2005) ?\aenda Item No. 16G2 ~ February 10, 2009 Page 18 of 18 14 non discrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 D.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.c. 3801). 38. Hangar Construction. tftne airport owner or operJtor and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft 31 the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.s.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airpOlt in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated: and 3. Provides a time frame within which, ifany, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airpOlt has been unable to accommodate the request(s) in the six month period prior to the applicable due date Airport Assurances (3/2005)