Agenda 09/08/2020 Item #16G1 (FAA Grant Agreement)09/08/2020
EXECUTIVE SUMMARY
Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation
Administration (FAA) Grant Agreement in the Amount of $297,900 for One Hundred Percent
(100%) Funding for the Design Phase of the Rehabilitation of Runway 15/33 at Everglades Airpark,
and authorize all necessary budget amendments.
OBJECTIVE: To accept grant funding for the design phase of the rehabilitation of Runway 15/33 at
Everglades Airpark.
CONSIDERATIONS: On May 12, 2020, Agenda Item 16G1, the BCC approved the submittal of an
Airport Improvement Program (AIP) grant application to the Federal Aviation Administration for the
design of the rehabilitation and widening of Runway 15/33 at Everglades Airpark.
The Collier County Airport Authority (CCAA) received an Airport Improvement Program (AIP) grant
offer of $297,900 from the FAA for this project on July 16, 2020. The FAA required execution of the
Grant Agreement no later than August 14, 2020. The County Manager accepted this grant offer from the
FAA on July 24, 2020.
This project is being funded under the FAA AIP, which usually requires 10% local matching funds.
However, the FAA is providing one hundred percent (100%) funding under the Coronavirus Aid, Relief,
and Economic Security (CARES) Act, which included $10 billion in economic relief for eligible U.S.
airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic. Because
of this additional funding, match requirements have been waived.
FISCAL IMPACT: A Budget Amendments is necessary to recognize FAA grant revenue in the amount
of $297,900 within Airport Grant Fund (498), project 33709. There is no match required.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a
majority vote for Board Action. - JAB
RECOMMENDATION: To approve the after-the-fact acceptance of a Federal Aviation Administration
(FAA) in the Amount of $297,900 for one hundred percent (100%) funding for the design phase of the
rehabilitation of Runway 15/33 at Everglades Airpark and authorize all necessary budget amendments.
Prepared by: Justin Lobb, Executive Manager, Airport Authority
ATTACHMENT(S)
1. X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (PDF)
2. CM MEMO (PDF)
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09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 13058
Item Summary: Recommendation to approve an after-the-fact acceptance of the attached Federal
Aviation Administration (FAA) Grant Agreement in the Amount of $297,900 for One Hundred Percent
(100%) Funding for the Design Phase of the Rehabilitation of Runway 15/33 at Everglades Airpark, and
authorize all necessary budget amendments.
Meeting Date: 09/08/2020
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
07/29/2020 2:34 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
07/29/2020 2:34 PM
Approved By:
Review:
Airport Authority Justin Lobb Additional Reviewer Completed 07/29/2020 4:07 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/29/2020 4:42 PM
Growth Management Department Gene Shue Additional Reviewer Completed 07/30/2020 12:14 PM
Growth Management Department Lisa Abatemarco Additional Reviewer Completed 08/04/2020 8:36 AM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 08/04/2020 9:22 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/11/2020 7:27 AM
Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 07/29/2020 2:11 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/12/2020 11:00 AM
Grants Erica Robinson Level 2 Grants Review Completed 08/14/2020 11:53 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/18/2020 1:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/18/2020 2:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2020 1:53 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2020 10:23 PM
Grants Therese Stanley Additional Reviewer Completed 08/26/2020 5:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 11:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
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Orlando Airports District Office
8427 SouthPark Circle, Suite 524
Orlando, FL 32819
Phone: (407) 487-7220
{{DateTime_es_:signer1:calc(now()):format(date,"mmmm d,yyyy")}}
Mr. Leo Ochs Jr.
County Manager
Collier County Airport Authority
2005 Mainsail Drive
Naples, Florida 34114
Dear Mr. Ochs:
We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP)
Project No. 3-12-0021-005-2020 at Everglades Airpark in Everglades City, Florida. This letter outlines
expectations for success. Please read the conditions and assurances carefully.
To properly enter into this agreement, you must do the following:
a.The governing body must provide authority to execute the grant to the individual signing the
authorized representative.
b.
certification, no later than August 14, 2020,in in order for the grant to be valid.
c.
electronically attested to the grant, an email with the executed grant will be sent to all parties.
d.You may not make any modification to the text, terms or conditions of the grant offer.
Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this
grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant
Agreement for more information regarding the use of this System.
The terms and conditions of this agreement require you to com plete the project without undue delay.
We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect
you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Should you fail to make draws on a regular basis, your grant may be
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Until the grant is completed and closed, you are responsible for submitting formal repor ts as follows:
A signed/dated SF-270 (non-construction projects) or SF-271 or equivalent (construction
projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this
grant is open (due December 31 of each year this grant is open); and
Performance Reports, which are due within 30 days of the end of a reporting period as follows:
1.Non-construction project: Due annually at end of the Federal fiscal year.
2.Construction project: Submit FAA form 5370-1, Construction Progress and Inspection
Report at the end of each fiscal quarter.
As a condition of receiving Federal assistance under this award, you must comply with audit
requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend
$750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note
that this includes Federal expenditures made under other Federal -assistance programs. Please take
appropriate and necessary action to assure your organization will comply with applicable audit
requirements and standards.
Once the project(s) is completed and all costs are determined, we ask that you close the project
without delay and submit the necessary final closeout documentation as required by the Orlando
Airports District Office.
Krystal Ritchey, 407-487-7233, is the assigned program manager for this grant and is readily available
to assist you and your designated representative with the requirements stated herein. We sincerely
value your cooperation in these efforts and look forward to working with you to complete this
important project.
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U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I OFFER
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date,"mmmm d,yyyy")}}
Airport/Planning Area Everglades Airpark
AIP Grant Number 3-12-0021-005-2020
Unique Entity Identifier 076997790
TO:Collier County Board of County Commissioners
FROM:The United States of America(acting through the Federal Aviation Administration, herein
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 8, 2020,for a grant
of Federal funds for a project at or associated with the Everglades Airpark, which is included as part of
this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Everglades Airpark
consisting of the following:
Reconstruct Runway 15/33 Design, Permit and Bidding Phase
which is more fully described in the Project Application.
NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958,
as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway
Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the
n of the Grant Assurances dated
March 2014, as applied and interpreted consistent with the FAA Reauthorization Act of 2018 (see 2018
benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the Grant Assurances and conditions as herein provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay one hundred (100) percent of the allowable costs incurred
accomplishing the Project as the United States share of the Project.
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Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1.Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$297,900
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$297,900 airport development or noise program implementation; and,
$0 for land acquisition.
2.Period of Performance. The period of performance begins on the date the Sponsor formally accepts
this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the
period of performance is 4 years (1,460 calendar days) from the date of for mal grant acceptance by the
Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the
period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor
must submit all project closeout documentation and liquidate (pay off) all obligations incurred under
this award no later than 90 calendar days after the end date of the period of performance (2 CFR
§200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances
that extend beyond the closeout of a grant agreement.
3.Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
4.Indirect Costs -Sponsor.Sponsor may charge indirect costs under this award by applying the indirect
cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor
direct salaries and wages.
5.Determining the Final Federal Share of Costs . The
be made in accordance with the regulations, policies, and procedures of the Secretary. 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.
6.Completing the Project without Delay and in Conformance with Requirements . The Sponsor must
carry out and complete the project without undue de lays and in accordance with this agreement, and
the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to
report to the FAA any disengagement from performing the project that exceeds three months. The
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report must include a reason for the project stoppage. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
7.Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8.Offer Expiration Date. This offer will expire and the United States will 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 August 14,
2020,or such subsequent date as may be prescribed in writing by the FAA.
9.Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitru st statutes, or
misused in any other manner for any project upon which Federal funds have been expended. For the
by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The
Sponsor must obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. The Sponsor must return the recovered Federal share, including funds
recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the
Secretary, upon request, all documents and records pertaining to the determination of the amount of
the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such
funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such Federal share require advance approval by the Secretary.
10.United States Not Liable for Damage or Injury.The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with this
grant agreement.
11.System for Award Management (SAM) Registration and Universal Identifier .
A.Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this gr ant, or receives the
final payment, whichever is later. This requires that the Sponsor review and update the information
at least annually after the initial registration and more frequently if required by changes in
information or another award term. Additional information about registration procedures may be
found at the SAM website (currently at http://www.sam.gov).
B.Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific
commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/SAM/pages/public/index.jsf .
12.Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi eInvoicing System for Department
of Transportation (DOT) Financial Assistance Awardees.
13.Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that
the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by
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$25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun
in the total actual eligible and allowable project costs to cover the amount of the overrun provided it
will not exceed the statutory limitations for grant amendments.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests
of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14.Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA
may suspend, cancel, or terminate this agreement.
15.Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
16.Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for which funds are provided under this grant. The
Sponsor will include a provision implementing Buy American in every contract.
17.Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum
obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
A.May not be increased for a planning project;
B.May be increased by not more than 15 percent for development projects if funds are available;
C.May be increased by not more than 15 percent for land project if funds are available.
18.Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in
accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal
http://harvester.census.gov/facweb/.Provide one copy of the completed audit to the FAA if
requested.
19.Suspension or Debarment.
the Sponsor must:
A.Verify the non-federal entity is eligible to participate in this Federal program by:
1.Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management (SAM) to determine if the non-federal entity is excluded or disqualified; or
2.Collecting a certification statement from the non-federal entity attesting they are not excluded
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or disqualified from participating; or
3.Adding a clause or condition to covered transactions attesting individual or firm are not
excluded or disqualified from participating.
B.Require prime contractors to comply with 2 CFR §180.330 when entering into lower-tier
transactions (e.g. Sub-contracts).
C.Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered
transaction with an ineligible entity or (2) suspends or debars a contractor, person,or entity.
20.Ban on Texting While Driving.
A.In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30,
2009, the Sponsor is encouraged to:
1.Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on
behalf of, the Federal government, including work relating to a grant or subgrant.
2.Conduct workplace safety initiatives in a manner commensurate with the size of the business,
such as:
a.Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b.Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B.The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts and subcontracts.
21.Exhibit "A" Property Map. T March 2020 is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
22.Employee Protection from Reprisal.
A.Prohibition of Reprisals
1.In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person
or body described in sub-paragraph (A)(2), information that the employee reasonably believes
is evidence of:
i.Gross mismanagement of a Federal grant;
ii.Gross waste of Federal funds;
iii.An abuse of authority relating to implementation or use of Federal funds;
iv.A substantial and specific danger to public health or safety; or
v.A violation of law, rule, or regulation related to a Federal grant.
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2.Persons and bodies covered: The persons and bodies to which a disclosure by an employee is
covered are as follows:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
iii.The Government Accountability Office;
iv.A Federal office or employee responsible for oversight of a grant program;
v.A court or grand jury;
vi.A management office of the grantee or subgrantee; or
vii.A Federal or State regulatory enforcement agency.
3.Submission of Complaint A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to
the Office of Inspector General (OIG) for the U.S. Department of Transportation.
4.Time Limitation for Submittal of a Complaint -A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5.Required Actions of the Inspector General Actions, limitations and exceptions of the Inspector
G
6.Assumption of Rights to Civil Remedy -Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the Office of Inspector General, the person submitting
a complaint assumes the right to a civil remedy under41 U.S.C. § 4712(c).
23.2018 FAA Reauthorization. This grant agreement is subject to the terms and conditions contained
herein including the terms known as the Grant Assurances as they were published in the Federal
Register on April 3, 2014. On October 5, 2018, the FAA Reauthorization Act of 2018 made certain
amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain
amendments to the assurances in order to best achieve consistency with the statute. Federal law
requires that FAA publish any amendments to the assurances in the Federal Register along with an
opportunity to comment. In order not to delay the offer of this grant, the existing assurances are
attached herein; however, FAA shall interpret and apply these assurances consistent with the
Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the
statutes shall apply. The full text of the Act is at https://www.congress.gov/bill/115th -congress/house-
bill/302/text.
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incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
the accomplishment of the Project and compliance with the assurances and conditio ns as provided
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Bart Vernace
(Typed Name)
Manager
(Title of FAA Official)
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PART II -ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.1
Executed this day of ,
Collier County Board of County
Commissioners
(Name of Sponsor)
()
By:
()
Title:
(Title
CERTIFICATE OF ATTORNEY
I, __________________________, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Florida. Further, I have examined the foregoing Grant Agreement and the actions
execution thereof is in all respects due and proper and in accordance with the laws of the said State
and the Act. In addition, for grants involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it
is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor
in accordance with the terms thereof.
Dated at _____________(location) this ___________day of _____________________,__________
By:
(Signature of
1Knowingly and willfully providing false information to the Federal government is a violation of 18
U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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March, 2014
ASSURANCES
PLANNING AGENCY SPONSORS
A.General.
1.These assurances shall be complied with in the performance 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 term "public agency sponsor" means a public agency with
control of a public-use airport; the term "private sponsor" means a private owner of a
public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3.Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in
and become part of this grant agreement.
B.Duration and Applicability.
The terms, conditions and assurances of this grant agreement shall remain in full 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 Requirements.
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance and use of
Federal funds for this project including but not limited to the following:
FEDERAL LEGISLATION
a.Title 49, U.S.C., subtitle VII, as amended.
b.Federal Fair Labor Standards Act -29 U.S.C. 201, et seq.
c.Hatch Act 5 U.S.C. 1501, et seq.2
d.Rehabilitation Act of 1973 -29 U.S.C. 794
e.Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin)
f.Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
prohibits discrimination on the basis of disability
g.Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq.
h.Single Audit Act of 1984 -31 U.S.C. 7501, et seq.2
i.Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
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March, 2014
EXECUTIVE ORDERS
a.Executive Order 12372 -Intergovernmental Review of Federal Programs
FEDERAL REGULATIONS
a.2 CFR Part 180 -OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement).
b.2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to
Grants and Contracts with State and Local Governments, and OMB Circular A -133 -
Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6
c.2 CFR Part 1200 Nonprocurement Suspension and Debarment
d.14 CFR Part 13 -Investigative and Enforcement Procedures
e.14 CFR Part 16 -Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
f.28 CFR § 50.3 -U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964.
g.49 CFR Part 18 -Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
h.49 CFR Part 20 -New restrictions on lobbying.
i.49 CFR Part 21 Nondiscrimination in federally-assisted programs of the Department
of Transportation -effectuation of Title VI of the Civil Rights Act of 1964.
j.49 CFR Part 26 Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
k.49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
l.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.
m.28 CFR Part 35-Discrimination on the Basis of Disability in State and Local Government
Services.
n.28 CFR § 50.3 -U.S. Department of Justice Guidelines for Enforcemen t of Title VI of the
Civil Rights Act of 1964.
o.49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
p.49 CFR Part 32 Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance)
q.The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L.
109-282, as amended by section 6202 of Public Law 110-252).
16.G.1.a
Packet Pg. 2863 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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March, 2014
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments
by this regulation and circular shall also be applicable to priv ate sponsors receiving Federal
assistance under Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB)
issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former
Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110
or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part
220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces
Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section
200.110, the standards set forth in Part 200 which affect administration of Feder al awards
issued by Federal agencies become effective once implemented by Federal agencies or
when any future amendment to this Part becomes final. Federal agencies, including the
Department of Transportation, must implement the policies and procedures app licable to
Federal awards by promulgating a regulation to be effective by December 26, 2014 unless
different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2.Responsibility and Authority of the Sponsor.
It has legal authority to apply for this grant, and to finance and carry 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 governing body authorizing the filing of the application,
including all understandings and assurances 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 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.
4.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 terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary
16.G.1.a
Packet Pg. 2864 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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March, 2014
5.Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies in the planning area.
6.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 this grant, the total cost of the project
in connection with which this 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, documents, papers, and records of the recipient that are
pertinent to this 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 this 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.
7.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 modifications similarly approved.
b.It will furnish the Secretary with such periodic reports as required pertaining 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 subject to copyright in the
United States or any other country.
e.It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f.It will grant the Secretary 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 s ervices.
g.It will grant the Secretary the right to disapprove the use of the sponsor's employees
to do all or any part of the project.
16.G.1.a
Packet Pg. 2865 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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March, 2014
h.It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
mean 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.
8.Reports and Inspections.
It will submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request.
9.Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in any activity conducted with, or benefiting from, funds received from this
grant.
a.Using the definitions of activity, facility and program as found and defined in §§ 21.23
(b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all
facilities, or conduct all programs in compliance with all non-discrimination
requirements imposed by, or pursuant to these assurances.
b.Applicability
1)Programs and Activities. If the sponsor has received a grant (or other federal
.
2)Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
3)Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest in
real property, the assurance will extend to rights to space on, over, or under such
property.
c.Duration.
The sponsor agrees that it is obligated to this assurance for the period during which
Federal financial assistance is extended to the program, except where the 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:
4)So long as the airport is used as an airport, or for anoth er purpose involving the
provision of similar services or benefits; or
5)So long as the sponsor retains ownership or possession of the property.
16.G.1.a
Packet Pg. 2866 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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March, 2014
a.)Required Solicitation Language.
b.)It will include the following notification in all solicitations for bids, Request s
For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding
source:
Collier County Board of County Commissioners, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d
to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged
business enterprises and airport concession disadvantaged business enterprises will
be afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in
d.Required Contract Provisions.
1)It will insert the non-discrimination contract clauses requiring compliance with
the acts and regulations relative to non-discrimination in Federally-assisted
programs of the DOT, and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and regulations.
2)It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3)It will insert non-discrimination contract clauses as a covenant running with the
land, in any deed from the United States effecting or recording a transfer of real
property, structures, use, or improvements thereon or interest therein to a
sponsor.
4)It will insert non-discrimination contract clauses prohibiting discrimination on the
basis of race, color, national origin, creed, sex, age, or handicap as a covenant
running with the land, in any future deeds, leases, license, permits, or similar
instruments entered into by the sponsor with other parties:
a.)For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b.)For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
e.It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
grantees, contractors, subcontractors, consultants, transferees, successors in interest,
and other participants of Federal financial assistance under such p rogram will comply
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
16.G.1.a
Packet Pg. 2867 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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March, 2014
f.It agrees that the United States has a right to seek judicial enforcement with regard to
any matter arising under the acts, the regulations, and this assurance.
10.Engineering and Design Services.
It will 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 with 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.
11.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 opportunities for products and suppliers of the United States in procurement and
construction.
12.Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary.
13.Disadvantaged Business Enterprises.
The recipient shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The
recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of DOT -assisted contracts. The
BE program, as required by 49 CFR Parts 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of these programs 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 Parts 26 and 23
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001
and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. § 3801).
16.G.1.a
Packet Pg. 2868 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
3 -12-0021-005-2020
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved
Projects
Updated: 4/18/2019
View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars/
NUMBER TITLE
70/7460-1L
Change 2 Obstruction Marking and Lighting
150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines
for the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B
Changes 1-2 Airport Master Plans
150/5070-7
Change 1 The Airport System Planning Process
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30D
Change 1 Airport Field Condition Assessments and Winter Operations Safety
150/5200-31C
Changes 1-2 Airport Emergency Plan
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
FAA
Airports
16.G.1.a
Packet Pg. 2869 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
NUMBER TITLE
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16E
Changes 1
Automated Weather Observing Systems (AWOS) for Non-Federal
Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26
Changes 1-2
Airport Ground Vehicle Automatic Dependent Surveillan ce -Broadcast
(ADS-B) Out Squitter Equipment
150/5300-13A
Change 1 Airport Design
150/5300-14C Design of Aircraft Deicing Facilities
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National
Geodetic Survey
16.G.1.a
Packet Pg. 2870 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
NUMBER TITLE
150/5300-17C
Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B
Change 1
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information
System (GIS) Standards
150/5320-5D Airport Drainage Design
150/5320-6F Airport Pavement Design and Evaluation
150/5320-12C
Changes 1-8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5235-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength -PCN
150/5340-1L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monito rs
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control
of Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
16.G.1.a
Packet Pg. 2871 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
NUMBER TITLE
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator (PAPI) Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction
Boxes, and Accessories
150/5345-43H Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46E Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport
Lighting Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
16.G.1.a
Packet Pg. 2872 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
3 -12-0021-005-2020
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
NUMBER TITLE
150/5370-2G Operational Safety on Airports During Construction
150/5370-10H Standards for Specifying Construction of Airports
150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield
Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
150/5395-1A Seaplane Bases
16.G.1.a
Packet Pg. 2873 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
3 -12-0021-005-2020
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/22/2019
NUMBER TITLE
150/5100-14E
Change 1
Architectural, Engineering, and Planning Consultant Services for
Airport Grant Projects
150/5100-17
Changes 1 -7
Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects
150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant
Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5370-12B Quality Management for Federally Funded Airport Construction
Projects
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement
Roughness
16.G.1.a
Packet Pg. 2874 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)
16.G.1.bPacket Pg. 2875Attachment: CM MEMO (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)