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Backup Document 01/11/2022 Item #16G 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 G 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office CAO J 48 2. Board of County Commissioners Office BOCC 1001 a I a a 3. Minutes and Records Clerk of Court's Office tcka al*a 'p 4. Send signed copy to Heather Meyer GMD South Email: (Airport Authority) heather.meyer@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Heather Meyer/Airport Authority 239-252-5765 Contact/ Department Agenda Date Item was January 11,2022 / Agenda Item Number 16G.1 L/ Approved by the BCC Type of Document Airport American Rescue Grant Agreement- Number of Original 1 Attached RESOLUTION Documents Attached PO number or account N/A number if document is 1'0 4 to be recorded CJ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colum • ver is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature S AMP OK IrR N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, HM provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's HM Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. c2-7 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/11/22 and all changes made during the N/A is not meeting have been incorporated in the attached document. The County Attorney's �l an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the cj s an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16G1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, February 4, 2022 10:19 AM To: MeyerHeather Subject: Resolution 2022-06 (Item #16G1 1-11-22 BCC Meeting) Attachments: Resolution 2022-006.pdf Good Morvtivtg Heather, A copy of Resolutiovt 2022-06, adopted by the 13CC Javtuary 1-1-, 2022, is attached for your records. Thavtk you. Ann Jenne,jolvn I3MR Senior Deputy Clerk II Clerk to the Value Adjustwtevtt Board�.� ,''rf Office: 239-252-8406 {fr Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejohvt@CollierClerk.cowt Office of the Clerk of the Circuit Court & Comptroller of Collier Couvtty 3299 Tawtiaw►i Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt 1 16G1 RESOLUTION NO. 202 ; 06 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED GRANT AGREEMENTS UNDER THE AIRPORT RESCUE GRANT AND ALL SUBSEQUENT AMENDMENTS WITH THE FEDERAL AVIATION ADMINISTRATION UPON BOARD APPROVAL WHEREAS, the Collier County Airport Authority has the authority to enter into the attached agreement with the Federal Aviation Administration to undertake projects as authorized by Chapter 332,Florida Statutes, and Section 14-60 of the Florida Administrative Code,and Ordinance 2004-03. NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners acting as the Collier County Airport Authority, Collier County, Collier County, Florida, that: 1. Agreement 3-12-0142-015-2022 for the Marco Island Executive Airport and Agreement 3- 12-0031-016-2022 for the Immokalee Regional Airport, attached hereto, are hereby approved. 2. The County Manager. Mark Isackson, acting as the Collier County Airport Authority, is authorized to enter into, modify or terminate the above mentioned Airport Rescue Grant agreements with the Federal Aviation Administration unless and until it may be specifically rescinded. 3. Upon Board approval, the County Manager acting as the Collier County Airport Authority, is authorized to enter into,modify or terminate all subsequent amendments with the Federal Aviation Administration unless and until it may be specifically rescinded. 4. This Resolution shall take effect immediately upon adoption. ADOPTED this ( I day of ,!mum/ 2021 after motion, second and majority vote in favor of adoption. ATTEST,W • P.n c COLLIER COUN AUTHORI I 1 C •1C K'1•AJtE),„ CLERK / , , r l 1 111;C : K t. Wit as to 'g William L. McDaniel, Jr., Chairman signMre onfyi 4" h•h + tip., Approved for form and legality: Jen A. Belpedio Assistant County Attorney \ r`• �'`gG 1 16.G1.b 3-12-0031-016-2022 ut c cu E U.S.Department FAA ORL-ADOco ell of Transportation 8427 SouthPark Circle Cat boi Federal Aviation Suite 524 Administration Orlando,FL 32819 L November9,2021 O m Penny Taylor m Chairperson • Collier County Airport Authority 2005 Mainsail Drive,Suite 1 Naples,Florida 34114 ca a) Dear Ms.Taylor: V- Please find the following electronic Airport Rescue Grant Offer,Grant No. 3-12-0031-016-2022 for at Immokalee Regional Airport.This letter outlines expectations for success. Please read and follow the u instructions carefully. ;a a To properly enter into this agreement,you must do the following: ci a. The governing body must provide authority to execute the grant to the individual signing the grant; `t i.e,the sponsor's authorized representative. O r, b. The sponsor's authorized representative must execute the grant,followed by the attorney's N certification, no later than December 3,2021 in order for the grant to be valid. c. You may not make any modification to the text,terms or conditions of the grant offer. m d, The grant offer must be digitally signed by the sponsor's legal signatory authority and then routed O via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. .. Subject to the requirements in 2 CFR §200,305,each payment request for reimbursement under this °t grant must be made electronically via the Delphi elnvoicing 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 draw down and expend these funds within four years. An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization, caa janitorial services, combating the spread of pathogens at the airport, and debt service payments. Please refer to the Airport Rescue Grants Frequently Asked Questions for further information. cv N With each payment request you are required to upload an invoice summary directly to Delphi.The invoice summary should include enough detail to permit FAA to verify compliance with the American o Rescue Plan Act(Public Law 117-2).Additional details or invoices may be requested by FAA during the .= review of your payment requests. o As part of your final payment request,you are required to include in Delphi: N • A signed SF-425, Federal Financial Report • A signed closeout report. O cf.)Until the grant is completed and closed,you are responsible for submitting a signed and dated SF-425 g 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). E 1 v Packet Pg. 1074 16G1 16.G.1.b 3-12-0031-016-2022 m E 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 c 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. I am readily available to assist you and your designated representative with the requirements stated herein,The FAA sincerely values your cooperation in these efforts. am cc Sincerely, is O Juan C. Brown c c Acting Manager a w U t) tp O N O N Q E (15 N 0 d E d N C, r+ N N O CO a-- O O O 0 U) I � E 2 i Q Packet Pg. 1075 16G 16.G.1.b 3-12-0031-016-2022 v+ a, E a) �� 'es) U.S.Department as of Transportation (� Federal Aviation Administration f4 n. a, AIRPORT RESCUE GRANT cci to a, c GRANT AGREEMENT U Part I - Offer a) E Federal Award Offer Date November 9,2021 ,� a Airport/Planning Area Immokalee Regional Airport ca Airport Rescue Grant No. 3-12-0031-016-2022 U Unique Entity Identifier 07699/790 co 0 TO: Collier County Airport Authority (herein called the"Sponsor") E FROM: The United States of America (acting through the Federal Aviation Administration, herein Q called the"FAA") U a) WHEREAS,the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated October 4, 2021,for a grant of Federal funds at or associated with the Immokalee Regional Airport, which is included as part of this Airport Rescue Grant Agreement; WHEREAS,the Sponsor has accepted the terms of FAA's Airport Rescue Grant offer; co L WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, C7 the FAA has approved the Airport Rescue Grant Application for the Immokalee Regional Airport, (herein N called the"Grant" or "Airport Rescue Grant")consisting of the following: N co WHEREAS,this Airport Rescue Grant is provided in accordance with the American Rescue Plan Act( "ARP Act", or"the Act"), Public Law 117-2, as described below,to provide eligible Sponsors with funding .= for costs related to operations, personnel,cleaning,sanitization,janitorial services,combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to N specific airports are derived by legislative formula (See Section 7102 of the Act). WHEREAS,the purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only rA for purposes directly related to the airport.Such purposes can include the reimbursement of an airport's operational expenses or debt service payments in accordance with the limitations prescribed in the Act. a) 3 Packet Pg. 1076 16 G . 16.G.1.b 3-12-0031-016-2022 4 c a, E Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Immokalee Regional incurred no earlier than January 20,2020. rn Airport Rescue Grants also may be used to reimburse a Sponsor's payment of debt service where such as payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern "airport revenue." New airport development c projects not directly related to combating the spread of pathogens may not be funded with this Grant. fII Funding under this Grant for airport development projects to combat the spread of pathogens will be a> reallocated using an addendum to this Agreement for identified and approved projects. cz.> NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, the representations contained in the Grant Application,and in consideration of(a)the Sponsor's acceptance of this Offer;and, (b)the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, °' THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to pay 100%percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. aa Assistance Listings Number(Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: c.) CONDITIONS c n 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $32,000, allocated as follows: b. $32,000 ARPA KW2022 2. Grant Performance. This Airport Rescue Grant Agreement is subject to the following Federal award O requirements: a. The Period of Performance: _ a) 1. Shall start on the date the Sponsor formally accepts this agreement,and is the date signed by the last Sponsor signatory to the agreement.The end date of the period of performance is 4 years(1,460 calendar days)from the date of acceptance.The period of performance end date shall not affect, relieve,or reduce Sponsor obligations and assurances that E' extend beyond the closeout of this Grant Agreement. as 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date,which may include one or more funded portions, or budget periods. N (2 Code of Federal Regulations (CFR) § 200.1) 0 b. The Budget Period: t_ 1. For this Airport Rescue Grant is 4 years(1,460 calendar days).Pursuant to 2 CFR§ 200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the budget period. r> 2. Means the time interval from the start date of a funded portion of an award to the end (.90 date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close out and Termination. c a) E L 4 v Q ______ Packet Pg. 1077 1 G6.G.1.b 3-12-0031-016-2022 . c E 1, Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout aa) documentation and liquidate (pay-off)all obligations incurred under this award no later Q than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period,the FAA will proceed to close out the Grant within one year of the period of performance end date with O the information available at the end of 120 days. (2 CFR § 200.344) a 2. The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with m the conditions set forth in 2 CFR§200.340,or other Federal regulatory or statutory y authorities as applicable. 3. Unallowable Costs.The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the ARP Act. a) 4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages only. U 5. Final Federal Share of Costs.The United States'share of allowable Grant costs is 100%. 6. Completing the Grant without Delay and in Conformance with Requirements.The Sponsor must aQi carry out and complete the Grant without undue delays and in accordance with this Airport Rescue Grant Agreement, the ARP Act, and the regulations, policies, standards, and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR§ 200.308, the Sponsor agrees to 0 report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and request prior approval a. from FAA.The report must include a reason for the stoppage.The Sponsor agrees to comply with the attached assurances,which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. `i) O 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. e 8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before December 3, 2021, or such subsequent date as may be prescribed in writing by the FAA. rn 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 antitrust statutes,or misused in any other manner, including uses that violate this Airport Rescue Grant Agreement,the N ARP Act,or other provision of applicable law. For the purposes of this Airport Rescue Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement(s).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. p 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 relate to this Airport Rescue 2 c w 5 U _ . ..._ Packet Pg. 1078 16G1 16.G.1.b 3-12-0031-016-2022 m E Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising ai from, directly or indirectly, this Airport Rescue Grant Agreement. a� •s 11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). c as a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from C9 this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its ra information in SAM until the Sponsor submits the final financial report required under this Grant,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). 0 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 jf. 1.5 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 elnvoicing System for cc Department of Transportation (DOT) Financial Assistance Awardees. Q. a> 13. 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. t° n 14. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial N reporting requirements and payment requirements, including submittal of timely and accurate cy reports. E 15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) §50101,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods 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 C. implementing Buy American in every contract. E a) 16. Audits for Sponsors. le) PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in w accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at Lry httl harvester.census_;ov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy c� of the completed audit to the FAA. N CID 17. Suspension or Debarment.When entering into a"covered transaction" as defined by 2 CFR§ 180.200,the Sponsor must: C M a. Verify the non-Federal entity is eligible to participate in this Federal program by: o 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 O 2. Collecting a certification statement from the non-Federal entity attesting the entity is not excluded or disqualified from participating;or 2 m E s 6 Q Packet Pg. 1079 1 6 G 1 16.G.1.b 3-12-0031-016-2022 c a) E 3. Adding a clause or condition to covered transactions attesting the individual or firm is not a> w excluded or disqualified from participating. rn b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions(e.g., subcontracts). c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into a covered transaction with an ineligible entity,or(2)suspends or debars a contractor, person, or entity. U 18. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging ca 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 `t 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 this Airport Rescue Grant or subgrant funded by this Grant. as 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as: .q A. Establishment of new rules and programs or re-evaluation of existing programs to cn a prohibit text messaging while driving; and r` 0 (NI B. Education, awareness, and other outreach to employees about the safety risks a associated with texting while driving. E ry b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this Airport Rescue Grant. 0 19. Trafficking in Persons. a. You as the recipient,your employees, subrecipients under this Airport Rescue Grant, and subrecipients'employees may not— a� a) 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect;or 3. Use forced labor in the performance of the award or subawards under the Airport Rescue N Grant. b. The FAA as the Federal awarding agency may unilaterally terminate this award,without c penalty, if you or a subrecipient that is a private entity— M 1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant c Agreement term;or <`a 2. Has an employee who is determined by the agency official authorized to terminate the C? Airport Rescue Grant Agreement to have violated a prohibition in paragraph a.of this p Airport Rescue Grant term through conduct that is either— rn 2 A. Associated with performance under this Airport Rescue Grant; or 2 c a) E t 7 Iq Q Packet Pg. 1080 16G1 16.G.1.b 3-12-0031-016-2022 E B. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension E' (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. C9 c, You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue Grant Agreement. _ U d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition: a) 1.. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), ascts c amended (22 U.S.C. § 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to the AA a) under this Airport Rescue Grant. 4- O 20. Employee Protection from Reprisal. a) a. Prohibition of Reprisals— r 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)of this Grant condition, information that the employee reasonably believes is evidence of: r-. a. Gross mismanagement of a Federal grant; c0yv b. Gross waste of Federal funds; a c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety;or n e. A violation of law, rule, or regulation related to a Federal grant. 0 2. Persons and bodies covered; The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal employee responsible for oversight or management of a grant program E' at the relevant agency; e. A court or grand jury; f. A management official or other employee of the Sponsor, contractor, or 0 subcontractor who has the responsibility to investigate,discover,or address misconduct;or g. An authorized official of the Department of Justice or other law enforcement agency. o 0 3. Submission of Complaint — A person who believes that they have been subjected to a �+ reprisal prohibited by paragraph a, of this Airport Rescue Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General(OIG)for the U.S. C7 Department of Transportation. N 4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this 2 subsection more than three years after the date on which the alleged reprisal took place, w E 8 Q Packet Pg. 1081 1 6 G 1 16.G.1.b 3-12-0031-016-2022 in a> E 5. Required Actions of the Inspector General —Actions, limitations, and exceptions of the w Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not co to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c). 21. Limitations. Nothing provided herein shall be construed to limit,cancel,annul, or modify the terms n- of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant Agreement. cc c 22. Face Coverings Policy.The sponsor agrees to implement a face-covering(mask) policy to combat the spread of pathogens.This policy must include a requirement that all persons wear a mask, in a) accordance with Centers for Disease Control(CDC)and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport property,except to 0 the extent exempted under those requirements. This special condition requires the airport sponsor co continue to require masks until Executive Order 13998, Promoting COVID-19 Safety In Domestic and International Travel, is no longer effective. a. SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE GRANT FUNDS CONDITIONS FOR EQUIPMENT- o 1. Equipment or Vehicle Replacement.The Sponsor agrees that when using funds provided by this Grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment a shall be classified and used as airport revenue. E 2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this Grant, such equipment shall be used solely for purposes directly related to combating the q spread of pathogens at the airport. 3. Low Emission Systems.The Sponsor agrees that vehicles and equipment acquired with funds provided in this Grant: a> a. Will he maintained and used at the airport for which they were purchased; and b. Will not be transferred, relocated,or used at another airport without the advance consent of the FAA. The Sponsor further agrees that it will maintain annual records on individual vehicles and equipment,project expenditures, cost effectiveness, and emission reductions. o CONDITIONS FOR UTILITIES AND LAND- o 4. Utilities Proration. For purposes of computing the United States' share of the allowable airport operations and maintenance costs,the allowable cost of utilities incurred by the Sponsor to operate o and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. c 5. Utility Relocation in Grant.The Sponsor understands and agrees that: 0 9 a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; ao E 9 ca Q Packet Pg. 1082 _ 1 6 G 1 16.G.1.b 3-12-0031-01.6-2022 a) E b. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility;and rn c. The utilities must serve a purpose directly related to the Airport. m 'Ln c, ET. x U a a co Q fQ 0 a) aa) Q Y 0 N O CO O O O N 0 2 2 QI U cG r", __ �_ Packet Pg. 1083 ___ 16G1 16.G.1.b 312-0031-016-2022 in a• c a) E The Sponsor's acceptance of this Offer and ratification and adoption of the Airport Rescue Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor.The Offer and Acceptance shall comprise an Airport Rescue Grant Agreement,as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant.The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's acceptance of this Offer, co C) Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and C) withdraw your consent at any time. E Dated November 9,2021 UNITED STATES OF AMERICA coi FEDERAL AVIATION ADMINISTRATION a C) (Signature) r� O N_ Juan C. Brown (Typed Nome) to Acting Manager 4 (Title of FAA Official) ("? a) E a) C) L 4- 'L^ N N O N Cp O C; O O N 0 2 2 C d E L 11 v fq r --_-.-- Packet Pg. 1084 16G 16.G.1.b 3-12-0031-016-2022 in c E as a> Part II - Acceptance to The Sponsor does hereby ratify and adopt all assurances,statements, representations, warranties, try covenants,and agreements contained in the Airport Rescue Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement,and Ti 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 Airport Rescue Grant Application and all applicable terms and u N conditions provided for in the ARP Act and other applicable provisions of Federal law. a' Please read the following information: By signing this document,you are agreeing that you have u reviewed the following consumer disclosure information and consent to transact business using a) electronic communications,to receive notices and disclosures electronically, and to utilize electronic E signatures in lieu of using paper documents. You are not required to receive notices and disclosures or `t sign documents electronically. If you prefer not to do so,you may request to receive paper copies and o withdraw your consent at any time. °'i I declare under penalty of perjury that the foregoing is true and correct. :° Dated November 9,2021 Collier County Airport Authority (Nome.of Sponsor) N a (Signature of Sponsor's Designative Official/Hepresentctive) Q By: Mark Isackson c Approved as to form and legality (Type Name of Sponsor's Designative Official/Representative) \ t Title: County Manager Assistant County Attorn (Title of Sponsor's Designative Official/Representotive) I Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. N Section 1001 (False Statements) and could subject you to fines, imprisonment,or both. t7 0 tn c a) E _c 12 to Q --— Packet Pg. 1085 16G1 16.G.1.c 3-12-0142-015-2022 a� E U.S.Department FAA ORL-ADO ft of Transportation 8427 SouthPark Circle Q Federal Aviation Suite 524 Administration Orlando,FL 32819 /Ln V November 8,2021 a Penny Taylor Chairperson N Collier County Airport Authority tX 2005 Mainsail Drive Suite 1 Naples, FL 34114 as a) Dear Ms.Taylor: w Please find the following electronic Airport Rescue Grant Offer, Grant No.3-12-0142-015-2022 for Marco Island Executive Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. f° 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 grant; i.e.the sponsor's authorized representative. F- b, The sponsor's authorized representative must execute the grant,followed by the attorney's N certification, no later than December 3, 2021 in order for the grant to be valid. c. You may not make any modification to the text,terms or conditions of the grant offer, d, The grant offer must be digitally signed by the sponsor's legal signatory authority and then routed p via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. ._ c Subject to the requirements in 2 CFR §200.305,each payment request for reimbursement under this °) grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant a) Agreement for more information regarding the use of this System.The terms and conditions of this agreement require you draw down and expend these funds within four years. c An airport sponsor may use these funds for costs related to operations, personnel, cleaning,sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Please C? refer to the Airport Rescue Grants Frequently Asked Questions for further information. o With each payment request you are required to upload an invoice summary directly to Delphi.The N invoice summary should include enough detail to permit FAA to verify compliance with the American c Rescue Plan Act(Public Law 117-2).Additional details or invoices may be requested by FAA during the review of your payment requests. c As part of your final payment request,you are required to include in Delphi: r> • A signed SF-425, Federal Financial Report th • A signed closeout report. 0 Until the grant is completed and closed,you are responsible for submitting a signed and dated SF-425 >- annually,due 90 days after the end of each Federal fiscal year in which this grant is open (due December 2 31 of each year this grant is open). E 1 u co z Packet Pg. 1086 16G1 16.G.1.c 3-12-0142-015-2022 a, E As a condition of receiving Federal assistance under this award,you must comply with audit d 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. I am readily available to assist you and your designated representative with the requirements stated a) herein.The FAA sincerely values your cooperation in these efforts. a) Sincerely, m U 45 m Bart Vernace, P,E. Manager af6 a) U U 0 N. 0 N a. E f6 a� 0 +. c m E a, a, 'es) c Co 'L^ N N O 117 9 N 9 N 0 Cl) 2 c a> E 2 U Co 4- 4- Q Packet Pg. 1087 1-- si? u 1 16.G.1.c 3-12-0142-015-2022 in a) E m a) fo-2,b U.S.Department cis of Transportation (� federal Aviation Administration 0 a) AIRPORT RESCUE GRANT cu GRANT AGREEMENT ca Part I - Offer E Federal Award Offer Date November 8,2021 `Z 0 a) Airport/Planning Area Marco Island Executive Airport cz Airport Rescue Grant No. 3-12-0142-015-2022 V U Unique Entity Identifier 076997790 to 0 r TO: Collier County Airport Authority (herein called the"Sponsor") E as FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") a) WHEREAS,the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated October 4, 2021,for a grant of Federal funds at or associated with the Marco Island Executive Airport,which is included as part of this Airport Rescue Grant Agreement; Q WHEREAS,the Sponsor has accepted the terms of FAA's Airport Rescue Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, C9 the FAA has approved the Airport Rescue Grant Application for the Marco Island Exec Airport, (herein called the"Grant" or"Airport Rescue Grant") consisting of the following: WHEREAS,this Airport Rescue Grant is provided in accordance with the American Rescue Plan Act ( "ARP Act",or"the Act"), Public Law 117-2, as described below,to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning,sanitization,janitorial services, combating the spread of pathogens at the airport,and debt service payments.Airport Rescue Grant amounts to N specific airports are derived by legislative formula (See Section 7102 of the Act). WHEREAS,the purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the 0 coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes directly related to the airport.Such purposes can Include the reimbursement of an airport's >- operational expenses or debt service payments in accordance with the limitations prescribed in the Act. a.: c a) E 3 ci a. Packet Pg. 1088 16G1 16.G.1.c 3-12-0142-015-2022 E Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Marco a°'i Island Exec incurred no earlier than January 20, 2020. Airport Rescue Grants also may be used to reimburse a Sponsor's payment of debt service where such c payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern "airport revenue." New airport development projects not directly related to combating the spread of pathogens may not be funded with this Grant. Funding under this Grant for airport development projects to combat the spread of pathogens will be ca reallocated using an addendum to this Agreement for identified and approved projects. czi NOW THEREFORE,in accordance with the applicable provisions of the ARP Act, Public Law 117-2,the [L representations contained in the Grant Application, and in consideration of(a)the Sponsor's acceptance m of this Offer;and, (b)the benefits to accrue to the United States and the public from the • accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100%percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. co Assistance Listings Number(Formerly CFDA Number): 20.106 0. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS co N. o 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $59,000,allocated as follows: E $59,000 ARPA KW2022 f6 2. Grant Performance.This Airport Rescue Grant Agreement is subject to the following Federal award 0 requirements: c0j a. The Period of Performance: c w 1. Shall start on the date the Sponsor formally accepts this agreement,and is the date signed by the last Sponsor signatory to the agreement.The end date of the period of performance a) is 4 years(1,460 calendar days)from the date of acceptance.The period of performance end date shall not affect, relieve,or reduce Sponsor obligations and assurances that c extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date,which may include one or more funded portions,or budget periods. N (2 Code of Federal Regulations (CFR) § 200.1) ui b. The Budget Period: w 1. For this Airport Rescue Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § c 200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the budget period. rs 2. Means the time interval from the start date of a funded portion of an award to the end p date of that funded portion during which the Sponsor is authorized to expend the funds } awarded, including any funds carried forward or other revisions pursuant to§ 200.308. 2 c. Close out and Termination. a) E 4 "4, 2 - Packet Pg. 1089 .--_ • 16Gri 16.G.1.c 3-12-0142-015-2022 in a� E 1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later Q than 120 calendar days after the end date of the period of performance. If the Sponsor .. does not submit all required closeout documentation within this time period, the FAA will i proceed to close out the Grant within one year of the period of performance end date with t7 the information available at the end of 120 days. (2 CFR §200.344) co a 2. The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with w the conditions set forth in 2 CFR§ 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Unallowable Costs,The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the ARP Act. C) 4. Indirect Costs-Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages only. o cu U 5. Final Federal Share of Costs.The United States' share of allowable Grant costs is 100%. co 6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Airport Rescue Grant Agreement,the ARP Act, and the regulations, policies,standards,and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR§ 200.308,the Sponsor agrees to 0 report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds o cv three months or a 25 percent reduction in time devoted to the Grant, and request prior approval from FAA.The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances,which are part of this agreement and any addendum that may be attached co hereto at a later date by mutual consent. O 7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or rQj 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 unless this offer has been accepted by the Sponsor on or before December 3, 2021, or such subsequent date as may be prescribed in writing by the FAA. co 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 antitrust statutes, or misused in any other manner, including uses that violate this Airport Rescue Grant Agreement,the ARP Act,or other provision of applicable law. For the purposes of this Airport Rescue Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor that cv were originally paid pursuant to this or any other Federal grant agreement(s).The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to cv 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, N 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. 0 cf.)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 relate to this Airport Rescue r c E 5 u ra Packet Pg. 1090 f-- 1bG 16.G.1.c 3-12-0142-015-2022 c c E Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from,directly or indirectly,this Airport Rescue Grant Agreement. 11. System for Award Management(SAM)Registration and Unique Entity Identifier(UEI). c m a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from C? this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in SAM until the Sponsor submits the final financial report required under this Grant, 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 r.)i 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). U 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 E https://sam.t;ov/SAM/pagg_s/llublic/index jsf. *0 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 elnvoicing System for Department of Transportation(DOT) Financial Assistance Awardees. a 13. 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. o I- 14. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial N reporting requirements and payment requirements, including submittal of timely and accurate a reports. E co 1.5. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code(U.S.C.) §50101,the Sponsor will not acquire or permit any contractor or subcontractor O to acquire any steel or manufactured goods 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. 16. Audits for Sponsors. m rn 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 Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.rensusv/facweb/. Upon request of the FAA,the Sponsor shall provide one copy cv of the completed audit to the FAA. o 17. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR § 180.200,the Sponsor must: C cv '[f a. Verify the non-Federal entity is eligible to participate in this Federal program by: c 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 C? disqualified; or O 2. Collecting a certification statement from the non-Federal entity attesting the entity is not excluded or disqualified from participating; or E 6 c�i --- Packet Pg. 1091 --- 16.G.1.c 3-12-0142-015-2022 3. Adding a clause or condition to covered transactions attesting the individual or firm is not T. excluded or disqualified from participating. b, Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions(e.g., subcontracts). ca ,LR c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into a covered transaction with an ineligible entity,or(2)suspends or debars a contractor, person, or entity. a) 12. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messagingcc While Driving,October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009,the Sponsor is encouraged to: `m 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 o for,or on behalf of,the Federal government, including work relating to this Airport Rescue Grant or subgrant funded by this Grant. ccs a 2. Conduct workplace safety initiatives In a manner commensurate with the size of the m U business,such as: A. Establishment of new rules and programs or re-evaluation of existing programs to cD prohibit text messaging while driving; and c 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 funded by this Airport Rescue Grant. Q 19, Trafficking in Persons. V w a. You as the recipient, your employees, subrecipients under this Airport Rescue Grant, and subrecipients'employees may not— cu 1. Engage in severe forms of trafficking in persons during the period of time that the award is oa in effect; `t 2. Procure a commercial sex act during the period of time that the award is in effect;or C7 3. Use forced labor in the performance of the award or subawards under the Airport Rescue N Grant. b. The FAA as the Federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity— 1. Is determined to have violated a prohibition in paragraph a.of this Airport Rescue Grant c Agreement term;or c"1 2. Has an employee who is determined by the agency official authorized to terminate the M Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this O Airport Rescue Grant term through conduct that is either— cn A. Associated with performance under this Airport Rescue Grant; or �mw• C 7 _c ca Packet Pg. 1092 16G1 16.G.1.c 3-12-0142-015-2022 in a) E B. Imputed to the subrecipient using the standards and due process for imputing the d conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. f° 'Ln V c. You must inform us immediately of any information you receive from any source alleging a tri violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue Grant Agreement. cu d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition: 1. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA),as amended(22 U.S.C. § 7104(g)), and •L 2. Is in addition to all other remedies for noncompliance that are available to the FAA a) under this Airport Rescue Grant. 20, Employee Protection from Reprisal. ° a. Prohibition of Reprisals — ca 1. In accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be m discharged,demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) of this Grant condition, information that the employee reasonably believes is evidence of: o a. Gross mismanagement of a Federal grant; .oN. b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; ca d. A substantial and specific danger to public health or safety; or e. A violation of law, rule,or regulation related to a Federal grant. 0 2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee (? is covered are as follows: E. a) a. A member of Congress or a representative of a committee of Congress; a) b. An Inspector General; c. The Government Accountability Office; d. A Federal employee responsible for oversight or management of a grant program E. at the relevant agency; e. A court or grand jury; f. A management official or other employee of the Sponsor, contractor, or N subcontractor who has the responsibility to investigate, discover,or address misconduct;or g. An authorized official of the Department of Justice or other law enforcement N agency. 9 3. Submission of Complaint — A person who believes that they have been subjected to a N reprisal prohibited by paragraph a.of this Airport Rescue Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General(OIG) for the U.S. ca 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. 2 c E s 8 Packet Pg. 1093 I____ 1 bu i 16.G.1.c 3-.12.-0142-015-2022 m E 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the d Inspector General's office are established under 41 U.S.C. §4712(b). 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 under 41 U.S.C. §4712(c). ca 21. Limitations. Nothing provided herein shall be construed to limit,cancel, annul,or modify the terms a of any Federal grant agreement(s), including all terms and assurances related thereto,that have been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant Agreement. c 22. Face Coverings Policy.The sponsor agrees to implement a face-covering(mask) policy to combat the spread of pathogens.This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control(CDC)and Transportation Security Administration (TSA) requirements, as applicable,at all times while in all public areas of the airport property,except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive Order 13998 Promoting COVID-19 Safetyln._Domestic and International Travel, is no longer effective. a> SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE GRANT FUNDS CONDITIONS FOR EQUIPMENT- 1. Equipment or Vehicle Replacement.The Sponsor agrees that when using funds provided by this Grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment Q. shall be classified and used as airport revenue. E 2. Equipment Acquisition.The Sponsor agrees that for any equipment acquired with funds provided 7) by this Grant, such equipment shall be used solely for purposes directly related to combating the Q spread of pathogens at the airport. C) 3. Low Emission Systems.The Sponsor agrees that vehicles and equipment acquired with funds provided in this Grant: a) a. Will be maintained and used at the airport for which they were purchased; and b. Will not be transferred, relocated,or used at another airport without the advance consent of c the FAA. C9 The Sponsor further agrees that it will maintain annual records on individual vehicles and N equipment,project expenditures, cost effectiveness, and emission reductions. N u) CONDITIONS FOR UTILITIES AND LAND- 4. Utilities Proration. For purposes of computing the United States'share of the allowable airport operations and maintenance costs,the allowable cost of utilities incurred by the Sponsor to operate o and maintain airport(s)included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. 0 5. Utility Relocation in Grant. The Sponsor understands and agrees that: to a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible 2 for payment of such costs; t, 9 cis Packet Pg. 1094 __ i 16.G.1.c 3-12-0142-015-2022 E b. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility;and Lai c, The utilities must serve a purpose directly related to the Airport. ca /Ln cis 2 U N a) ca U a) V 0 c a) a) ca O i M 0 0 2 c a> 10 '� ca Q Packet Pg. 1095 16Gi 16.G.1.c 3-12-0142-015-2022 w The Sponsor's acceptance of this Offer and ratification and adoption of the Airport Rescue Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. The Offer and Acceptance shall comprise an Airport Rescue Grant Agreement, as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant. The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's C7 acceptance of this Offer. ca.. Please read the following information: By signing this document,you are agreeing that you have s reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically,and to utilize electronic signatures in lieu of using paper documents.You are not required to receive notices and disclosures or ra sign documents electronically. Ifyouprefer not to do so, you may request to receive paper copies and withdraw your consent at any time. °' Dated November 8,2021 0 UNITED STATES OF AMERICA w FEDERAL AVIATION ADMINISTRATION a) (Signature) 0 O N Bart Vernace (Typed Name) as cn Manager 0 (Title of FAA Official) 0 C CD E N d L 61 C ILn N N O N 11� O N 1 9 N M CD 0 rn >- 8l"° 2 0 C a> E 11 U 16 z Packet Pg. 1096 16G1 16.G.1.c 3-12-0142-015-2022 at E a, a Part II -Acceptance The Sponsor does hereby ratify and adopt all assurances,statements, representations,warranties, covenants,and agreements contained in the Airport Rescue Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement,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 Airport Rescue Grant Application and all applicable terms and conditions provided for In the ARP Act and other applicable provisions of Federal law. a' Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically,and to utilize electronic °' signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and o as withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct. o. Dated November 8,2021 Collier County Airport Authority o (Nome of Sponsor) c) (Signature of Sponsor's Designative Official/Representative) 0 By: Mark lsackson Approved as to form and legality (Type Name ofSponsor's Designative Official/Representative) N Title: County Manager a) istant Coun orney (Title of Sponsor's Designative Official/Representative) O ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. N Section 1001 (False Statements) and could subject you to fines, imprisonment,or both. ch 0 0 Cl) r 2 .-: 12 -- Packet Pg. 1097 - 16 (� 1 16.G.1.c 3-12-0142-015-2022 c cu CERTIFICATE OF SPONSOR'S ATTORNEY a) a) I, Jennifer A Belpedio , 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 co actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State 3 and the ARP Act.The Sponsor understands funding made available under this Grant Agreement may a only be used for costs related to operations, personnel, cleaning,sanitization,janitorial services, and combating the spread of pathogens at the airport incurred on or after January 20, 202.0,or for debt tra service payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant a) Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms E thereof. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using „g electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. ti Dated at November 11,2021 O N ey: (Signature of Sponsor's Attorney) c d E w m c w N N O CV IL) 9 N V 9 N M 0 0 2 c d E r 13 c) ---- Packet Pg. 1098 ---- 16G1 16.G.1.c 3-12-0142-015-2022 c d E AIRPORT RESCUE GRANT ASSURANCES a) AIRPORT SPONSORS c A. General. 'Ln V 1. These Airport Rescue Grant Assurances are required to be submitted as part of the application ra by sponsors requesting funds under the provisions of the American Rescue Plan Act of 2021 ("ARP Act,"or"the Act"), Public Law 117-2.As used herein, the term "public agency sponsor" z 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. ca 2. Upon acceptance of this Airport Rescue Grant offer by the sponsor, these assurances are incorporated into and become part of this Airport Rescue Grant Agreement. B. Sponsor Certification. m The sponsor hereby assures and certifies,with respect to this Airport Rescue Grant that: It will comply with all applicable Federal laws, regulations,executive orders, policies, Q, guidelines, and requirements as they relate to the application, acceptance,and use of Federal funds for this Airport Rescue Grant including but not limited to the following: q to FEDERAL LEGISLATION ti 0 a. 49 U.S.C.Chapter 471, as applicable c. b. Davis-Bacon Act — 40 U.S.C. 276(a),et. seg, E c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et, seq_ 0 d. Hatch Act — 5 U.S.C. 1501,et. seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601,et.seq. f. National Historic Preservation Act of 1966 — Section 106 — 16 U,S.C. 470(f). L 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, et. seq. i. Clean Air Act, P.L. 90-148,as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. N k. Flood Disaster Protection Act of 1973 — Section 102(a)—42 U.S.C.4012a. 0 I. Title 49, U.S.C.,Section 303, (formerly known as Section 4(f)), m. Rehabilitation Act of 1973 — 29 U.S.C. 794. 9 n. 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). CD 0 o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits C. discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq. c 14 U Id Packet Pg. 1099 — 16G _1 16.G.1.c 3-12-0142-015-2022 in cu E q. American Indian Religious Freedom Act, P.L.95-341, as amended. d r. Architectural Barriers Act of 1968 —42 U.S.C. 4151, et. seq. s. Power plant and Industrial Fuel Use Act of 1978 — Section 403-2 U.S.C. 8373, C'1 t. Contract Work Hours and Safety Standards Act —40 U.S.C. 327, et. seq. to u. Copeland Anti-kickback Act — 18 U.S.C. 874,1. c v. National Environmental Policy Act of 1969 —42 U.S.C. 4321, et. seq. U us cu w. Wild and Scenic Rivers Act, P.L.90-542, as amended. x. Single Audit Act of 1984 —31 U.S.C. 7501, et. seq.' m y. Drug-Free Workplace Act of 1988 —41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). o cu c> EXECUTIVE ORDERS coo Q a. Executive Order 11246— Equal Employment Opportunity C) b. Executive Order 11990—Protection of Wetlands `t c. Executive Order 11998—Flood Plain Management o t-- d. Executive Order 12372—Intergovernmental Review of Federal Programs e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building c. Construction R f. Executive Order 12898—Environmental Justice 0 g, Executive Order 14005—Ensuring the Future Is Made in All of America by All of America's Workers. c at E FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). E ca b. 2 CFR Part 200 --Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.3-4 c t c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment. u) d. 28 CFR Part 35—Discrimination on the Basis of Disability in State and Local Government c Services. (NI e. 28 CFR§50.3—U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil e Rights Act of 1964. M f. 29 CFR Part 1—Procedures for predetermination of wage rates) 0 g. 29 CFR Part 3 —Contractors and subcontractors on public building or public work financed in tCr whole or part by loans or grants from the United States.' 2 C c a) E r 15 '. Packet Pg. 1100 16Gi 16.G.1.c 3-12-0142-015-2022 h. 29 CFR Part 5—Labor standards provisions applicable to contracts covering Federally financed w and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 .. ca i. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor(Federal and Federally assisted contracting requirements).' e ca j. 49 CFR Part 20—New restrictions on lobbying. w k, 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. Ce I. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. co m. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Program. n. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance) 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 30—Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. w 0 q. 49 CFR Part 32—Government-wide Requirements for Drug-Free Workplace (Financial 0 Assistance). r. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41—Seismic safety of Federal and Federally assisted or regulated new building en construction. O U FOOTNOTES TO AIRPORT RESCUE GRANT ASSURANCE B �. m These laws do not apply to airport planning sponsors, E These laws do not apply to private sponsors. w Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for Q determining the eligibility of specific types of expenses. ° Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. i O SPECIFIC ASSURANCES N N 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, 0 1. Purpose Directly Related to the Airport v It certifies that the reimbursement sought is for a purpose directly related to the airport. N 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: O O It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; y, that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing m E 16 _._ Packet Pg. 1101 16G1 16.G.1.c 312-0142-015-2022 and authorizing the person identified as the official representative of the applicant to act in ai connection with the application and to provide such additional information as may be required. b. Private Sponsor: c It has legal authority to apply for this Grant and to finance and carry out the proposed Grant C7 and comply with all terms,conditions, and assurances of this Grant Agreement. It shall ra designate an official representative and shall in writing direct and authorize that person 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 ai a)required, 3. Good Title. It,a public agency or the Federal government, holds good title,satisfactory to the Secretary, to the m landingarea of the airport or site thereof,or will p give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. cc) a. It will not take or permit any action which would operate to deprive it of any of the rights and a powers necessary to perform any or all of the terms, conditions,and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. N b. 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 this Grant Agreement. cn 0 c. If an arrangement is made for management and operation of the airport by any agency or U person other than the sponsor or an employee of the sponsor,the sponsor will reserve ti 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 and conditions of this m Grant Agreement. 5. Consistency with Local Plans. 4 Any project undertaken by this Grant Agreement is reasonably consistent with plans(existing at the time of submission of the Airport Rescue Grant 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. N 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 9 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant O Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Y 2 c v E 17 v Packet Pg. 1102 �--- 16G1 16.G.1.c 3-12•-0142-015--2022 8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or rn 4 reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant —° Agreement, It willprovide such reports on �" g p pavement condition and pavement management a) programs as the Secretary determines may be useful. fy 9. Accounting System,Audit,and Record Keeping Requirements. c a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant,the total cost of the Grant in connection with which this Grant is given or used,and the amount or nature of that portion of the cost of the Grant E supplied by other sources, and such other financial records pertinent to the Grant, The w• accounts and records shall be kept in accordance with an accounting system that will facilitate m 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 Q, any of their duly authorized representatives, for the purpose of audit and examination, any a) books, documents, papers, and records of the recipient that are pertinent to this Grant. The Q 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 Grant in connection with which this Grant was given cNi 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. f0 17) 10. Minimum Wage Rates. O U It shall include, in all contracts in excess of$2,000 for work on the airport funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages,to he 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 a) rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. Q r+ 11. Veteran's Preference. m It shall include in all contracts for work on any airport development project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive, administrative,and supervisory positions), preference shall be given N to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 N of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. N 12. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, 0 O other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be } required or prescribed by applicable Federal,State and local agencies for maintenance and 2 c a> E 18 r Q Packet Pg. 1103 ---- 16 G—i ----- 16.G.1.c 3-12-0142-015-2022 c w E operation. It will not cause or permit any activity or action thereon which would interfere with w its use for airport purposes. It will suitably 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: 0 1. Operating the airport's aeronautical facilities whenever required; f° 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;and y w 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 E 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 o. upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. to It will take appropriate action to assure that such terminal airspace as is required to protect a r, 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 a otherwise mitigating existing airport hazards and by preventing the establishment or creation of E future airport hazards. 14. Compatible Land Use. U It will take appropriate action, to the extent reasonable, including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— t-? N a. it Is unreasonably costly, burdensome,or impractical for more than one fixed-based operator o to provide the services;and u) b. allowing more than one fixed-based operator to provide the services requires a reduction in 9 space leased under an agreement existing on September 3, 1982, between the operator and v the airport. c N 16. Airport Revenues. a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to 0 prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue Grant Agreement will only be expended for the capital or operating costs of the airport; the >- local airport system;or other local facilities which are owned or operated by the owner or operator of the airports)subject to this agreement and all applicable addendums for costs ;: 19 cc f6 Packet Pg. 1104 ------ 1bG 16.G.1.c 3-12-0142-015-2022 7.) c a, E related to operations, personnel, cleaning,sanitization,janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act. Q b. For airport development,49 U.S.C. §47133 applies. 17. Reports and Inspections. It will: a a, submit to the Secretary such annual or special financial and operations reports as the Secretary a) 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 format prescribed by the Secretary; as h. in a format and time prescribed by the Secretary, provide to the Secretary and make available a) to the public following each of its fiscal years, an annual report listing in detail: E 1. all amounts paid by the airport to any other unit of government and the purposes for o which each such payment was made; and 2. all services and property provided by the airport to other units of government and the „cro amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic o control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land 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 a Federal expense of space or facilities for 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 Secretary. 19. Airport Layout Plan. .r a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, it will keep up a' to date at all times an airport layout plan of the airport showing: aEi 1. boundaries of the airport and all proposed additions thereto, together with the boundaries Q of all offsite areas owned or controlled by the sponsor for airport purposes and proposed c additions thereto; (9 2. the location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons, terminal buildings, hangars and roads), including all (11 proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing q improvements thereon;and 4. all proposed and existing access points used to taxi aircraft across the airport's property N boundary.Such airport layout plans and each amendment, revision,or modification thereof,shall be subject to the approval of the Secretary which approval shall be `h evidenced by the signature of a duly authorized representative of the Secretary on the face 0 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 2 m E 20 (,) 4 Packet Pg. 1105 _._. l 6 G j 16.G.1.c 3-12-0142-015-2022 vs c c it as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety,utility or efficiency of the airport. c b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, if a change or m 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 as 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 m 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 except in the case of a as relocation or replacement of an existing airport facility due to a change in the Secretary's as design standards beyond the control of the airport sponsor. 20. Civil Rights. a w 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 o activity conducted with, or benefiting from,funds received from this Grant. tt a. Using the definitions of activity,facility,and program as found and defined in§§21.23 (b)and co 21.23 (e)of 49 CFR Part 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 Y ) 1. Programs and Activities. If the sponsor has received a grant(or other Federal assistance) 0 for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. .,.., 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. Q 3. Real Property.Where the sponsor receives a grant or other Federal financial assistance in c the form of,or for the acquisition of, real property or an interest in real property,the as assurance will extend to rights to space on,over, or under such property. N c. Duration N The sponsor agrees that it is obligated to this assurance for the period during which Federal is) 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 e transferee for the longer of the following periods! M 1. So long as the airport is used as an airport, or for another purpose involving the provision 0 of similar services or benefits; or 0 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language as 21 Packet Pg. 1106 1 bG 1 16.G.1.c 3-12-0142-015-2022 E It will include the following notification in all solicitations for bids,Requests for Proposals for work,or material under this Grant and In all proposals for agreements, including airport a concessions,regardless of funding source: +, "The Collier County Airport Authority,in accordance with the provisions of Title VI of the Civil C7 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 for any contract entered into pursuant `° o. to this advertisement,disadvantaged business enterprises and airport concession a, 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 consideration for an award." co e. Required Contract Provisions. w 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and E 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 o a) agreement subject to the non-discrimination in Federally-assisted programs of the DOT c.) Acts and regulations. cc a 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, csi structures,use, or improvements thereon or interest therein to a sponsor. Q. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of E race, color, national origin,creed,sex,age,or handicap as a covenant running with the f0 land, in any future deeds, leases, license, permits,or similar instruments entered into by 0 the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity,grant, or program;and m B. For the construction or use of,or access to,space on,over,or under real property L. acquired or Improved under the applicable activity,grant,or program. a) C. 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, N and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations,and this u-) assurance. c D. It agrees that the United States has a right to seek judicial enforcement with regard to b any matter arising under the acts,the regulations,and this assurance. 9 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any O product or service of a foreign country during the period in which such foreign country is listed by cn the United States Trade Representative as denying fair and equitable market opportunities for >' products and suppliers of the United States in procurement and construction. g c E 22 v _._—_ Packet Pg. 1107 --- 16Gi 16.G.1.c 3-12-0142-015-2022 at 22. Policies,Standards and Specifications. a) L cn It will carry out any project funded under an Airport Rescue Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects, as of October 4, 2021. f° 23. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable, intercity buses or a) a� other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor 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 2.6,or in the award and E performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its o Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business a) Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the m award and administration of DOT-assisted contracts,and/or concession contracts.The sponsor's DBE and ACDBE programs,as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation o and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification c to the sponsor 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. cEa 3801). O 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than$5,000. Procurements by micro- purchase means the acquisition of goods or services for which the aggregate dollar amount does m at not exceed$10,000, unless authorized in accordance with 2 CFR §200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the$250,000 threshold for simplified acquisitions. 'Ln N N N t!) 9 N 't! 9 N M 0 0 U) 2 4- a> E 23 u Packet Pg. 1108 -- 16G1 16.G.1.c 3-12-0142-015-202.2 C a) E Current FAA Advisory Circulars Required for Use in AIP Funded and PFC L Approved Projects q View the most current Series 150 Advisory Circulars (ACs)for Airport Projects at f° littp://www.fan,govinirports/resources/advisory circulars and C httpi/www.fad.gov/regulations policie1advisory_ circulars —`° y GI R V 46 v ca h Q iC tn 0 c w aa) a) ,Ln N 9 CD 0 2 c 24 -c u rz m d Packet Pg. 1109 ---