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Agenda 09/08/2020 Item #16G1 (FAA Grant Agreement)09/08/2020 EXECUTIVE SUMMARY Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) Grant Agreement in the Amount of $297,900 for One Hundred Percent (100%) Funding for the Design Phase of the Rehabilitation of Runway 15/33 at Everglades Airpark, and authorize all necessary budget amendments. OBJECTIVE: To accept grant funding for the design phase of the rehabilitation of Runway 15/33 at Everglades Airpark. CONSIDERATIONS: On May 12, 2020, Agenda Item 16G1, the BCC approved the submittal of an Airport Improvement Program (AIP) grant application to the Federal Aviation Administration for the design of the rehabilitation and widening of Runway 15/33 at Everglades Airpark. The Collier County Airport Authority (CCAA) received an Airport Improvement Program (AIP) grant offer of $297,900 from the FAA for this project on July 16, 2020. The FAA required execution of the Grant Agreement no later than August 14, 2020. The County Manager accepted this grant offer from the FAA on July 24, 2020. This project is being funded under the FAA AIP, which usually requires 10% local matching funds. However, the FAA is providing one hundred percent (100%) funding under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which included $10 billion in economic relief for eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic. Because of this additional funding, match requirements have been waived. FISCAL IMPACT: A Budget Amendments is necessary to recognize FAA grant revenue in the amount of $297,900 within Airport Grant Fund (498), project 33709. There is no match required. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a majority vote for Board Action. - JAB RECOMMENDATION: To approve the after-the-fact acceptance of a Federal Aviation Administration (FAA) in the Amount of $297,900 for one hundred percent (100%) funding for the design phase of the rehabilitation of Runway 15/33 at Everglades Airpark and authorize all necessary budget amendments. Prepared by: Justin Lobb, Executive Manager, Airport Authority ATTACHMENT(S) 1. X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (PDF) 2. CM MEMO (PDF) 16.G.1 Packet Pg. 2850 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doc ID: 13058 Item Summary: Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) Grant Agreement in the Amount of $297,900 for One Hundred Percent (100%) Funding for the Design Phase of the Rehabilitation of Runway 15/33 at Everglades Airpark, and authorize all necessary budget amendments. Meeting Date: 09/08/2020 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 07/29/2020 2:34 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 07/29/2020 2:34 PM Approved By: Review: Airport Authority Justin Lobb Additional Reviewer Completed 07/29/2020 4:07 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/29/2020 4:42 PM Growth Management Department Gene Shue Additional Reviewer Completed 07/30/2020 12:14 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 08/04/2020 8:36 AM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 08/04/2020 9:22 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/11/2020 7:27 AM Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 07/29/2020 2:11 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/12/2020 11:00 AM Grants Erica Robinson Level 2 Grants Review Completed 08/14/2020 11:53 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/18/2020 1:54 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/18/2020 2:53 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2020 1:53 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2020 10:23 PM Grants Therese Stanley Additional Reviewer Completed 08/26/2020 5:52 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 11:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 16.G.1 Packet Pg. 2851 1 Orlando Airports District Office 8427 SouthPark Circle, Suite 524 Orlando, FL 32819 Phone: (407) 487-7220 {{DateTime_es_:signer1:calc(now()):format(date,"mmmm d,yyyy")}} Mr. Leo Ochs Jr. County Manager Collier County Airport Authority 2005 Mainsail Drive Naples, Florida 34114 Dear Mr. Ochs: We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project No. 3-12-0021-005-2020 at Everglades Airpark in Everglades City, Florida. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: a.The governing body must provide authority to execute the grant to the individual signing the authorized representative. b. certification, no later than August 14, 2020,in in order for the grant to be valid. c. electronically attested to the grant, an email with the executed grant will be sent to all parties. d.You may not make any modification to the text, terms or conditions of the grant offer. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you to com plete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Should you fail to make draws on a regular basis, your grant may be 16.G.1.a Packet Pg. 2852 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 2 Until the grant is completed and closed, you are responsible for submitting formal repor ts as follows: A signed/dated SF-270 (non-construction projects) or SF-271 or equivalent (construction projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and Performance Reports, which are due within 30 days of the end of a reporting period as follows: 1.Non-construction project: Due annually at end of the Federal fiscal year. 2.Construction project: Submit FAA form 5370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by the Orlando Airports District Office. Krystal Ritchey, 407-487-7233, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. 16.G.1.a Packet Pg. 2853 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 1 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I OFFER Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date,"mmmm d,yyyy")}} Airport/Planning Area Everglades Airpark AIP Grant Number 3-12-0021-005-2020 Unique Entity Identifier 076997790 TO:Collier County Board of County Commissioners FROM:The United States of America(acting through the Federal Aviation Administration, herein WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 8, 2020,for a grant of Federal funds for a project at or associated with the Everglades Airpark, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Everglades Airpark consisting of the following: Reconstruct Runway 15/33 Design, Permit and Bidding Phase which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the n of the Grant Assurances dated March 2014, as applied and interpreted consistent with the FAA Reauthorization Act of 2018 (see 2018 benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay one hundred (100) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 16.G.1.a Packet Pg. 2854 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 2 Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1.Maximum Obligation. The maximum obligation of the United States payable under this Offer is $297,900 The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $297,900 airport development or noise program implementation; and, $0 for land acquisition. 2.Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of for mal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3.Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4.Indirect Costs -Sponsor.Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5.Determining the Final Federal Share of Costs . The be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6.Completing the Project without Delay and in Conformance with Requirements . The Sponsor must carry out and complete the project without undue de lays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The 16.G.1.a Packet Pg. 2855 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 3 report must include a reason for the project stoppage. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7.Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8.Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 14, 2020,or such subsequent date as may be prescribed in writing by the FAA. 9.Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitru st statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10.United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11.System for Award Management (SAM) Registration and Universal Identifier . A.Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this gr ant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B.Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.jsf . 12.Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13.Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by 16.G.1.a Packet Pg. 2856 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 4 $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14.Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 15.Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16.Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 17.Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A.May not be increased for a planning project; B.May be increased by not more than 15 percent for development projects if funds are available; C.May be increased by not more than 15 percent for land project if funds are available. 18.Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal http://harvester.census.gov/facweb/.Provide one copy of the completed audit to the FAA if requested. 19.Suspension or Debarment. the Sponsor must: A.Verify the non-federal entity is eligible to participate in this Federal program by: 1.Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2.Collecting a certification statement from the non-federal entity attesting they are not excluded 16.G.1.a Packet Pg. 2857 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 5 or disqualified from participating; or 3.Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B.Require prime contractors to comply with 2 CFR §180.330 when entering into lower-tier transactions (e.g. Sub-contracts). C.Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person,or entity. 20.Ban on Texting While Driving. A.In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1.Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2.Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a.Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b.Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B.The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 21.Exhibit "A" Property Map. T March 2020 is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 22.Employee Protection from Reprisal. A.Prohibition of Reprisals 1.In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: i.Gross mismanagement of a Federal grant; ii.Gross waste of Federal funds; iii.An abuse of authority relating to implementation or use of Federal funds; iv.A substantial and specific danger to public health or safety; or v.A violation of law, rule, or regulation related to a Federal grant. 16.G.1.a Packet Pg. 2858 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 6 2.Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i.A member of Congress or a representative of a committee of Congress; ii.An Inspector General; iii.The Government Accountability Office; iv.A Federal office or employee responsible for oversight of a grant program; v.A court or grand jury; vi.A management office of the grantee or subgrantee; or vii.A Federal or State regulatory enforcement agency. 3.Submission of Complaint A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4.Time Limitation for Submittal of a Complaint -A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5.Required Actions of the Inspector General Actions, limitations and exceptions of the Inspector G 6.Assumption of Rights to Civil Remedy -Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under41 U.S.C. § 4712(c). 23.2018 FAA Reauthorization. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 3, 2014. On October 5, 2018, the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the Act is at https://www.congress.gov/bill/115th -congress/house- bill/302/text. 16.G.1.a Packet Pg. 2859 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 7 incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditio ns as provided UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Bart Vernace (Typed Name) Manager (Title of FAA Official) 16.G.1.a Packet Pg. 2860 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 8 PART II -ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.1 Executed this day of , Collier County Board of County Commissioners (Name of Sponsor) () By: () Title: (Title CERTIFICATE OF ATTORNEY I, __________________________, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida. Further, I have examined the foregoing Grant Agreement and the actions execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at _____________(location) this ___________day of _____________________,__________ By: (Signature of 1Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16.G.1.a Packet Pg. 2861 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 9 March, 2014 ASSURANCES PLANNING AGENCY SPONSORS A.General. 1.These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2.These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3.Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B.Duration and Applicability. The terms, conditions and assurances of this grant agreement shall remain in full force and effect during the life of the project. C.Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1.General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a.Title 49, U.S.C., subtitle VII, as amended. b.Federal Fair Labor Standards Act -29 U.S.C. 201, et seq. c.Hatch Act 5 U.S.C. 1501, et seq.2 d.Rehabilitation Act of 1973 -29 U.S.C. 794 e.Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin) f.Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability g.Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq. h.Single Audit Act of 1984 -31 U.S.C. 7501, et seq.2 i.Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706. 16.G.1.a Packet Pg. 2862 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 10 March, 2014 EXECUTIVE ORDERS a.Executive Order 12372 -Intergovernmental Review of Federal Programs FEDERAL REGULATIONS a.2 CFR Part 180 -OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b.2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A -133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c.2 CFR Part 1200 Nonprocurement Suspension and Debarment d.14 CFR Part 13 -Investigative and Enforcement Procedures e.14 CFR Part 16 -Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f.28 CFR § 50.3 -U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. g.49 CFR Part 18 -Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 h.49 CFR Part 20 -New restrictions on lobbying. i.49 CFR Part 21 Nondiscrimination in federally-assisted programs of the Department of Transportation -effectuation of Title VI of the Civil Rights Act of 1964. j.49 CFR Part 26 Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. k.49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. l.49 CFR Part 30 -Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. m.28 CFR Part 35-Discrimination on the Basis of Disability in State and Local Government Services. n.28 CFR § 50.3 -U.S. Department of Justice Guidelines for Enforcemen t of Title VI of the Civil Rights Act of 1964. o.49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p.49 CFR Part 32 Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) q.The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Public Law 110-252). 16.G.1.a Packet Pg. 2863 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 11 March, 2014 SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to priv ate sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Feder al awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures app licable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2.Responsibility and Authority of the Sponsor. It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3.Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. 4.Preserving Rights and Powers. a.It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary 16.G.1.a Packet Pg. 2864 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 12 March, 2014 5.Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies in the planning area. 6.Accounting System, Audit, and Record Keeping Requirements. a.It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b.It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 7.Planning Projects. In carrying out planning projects: a.It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b.It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c.It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d.It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e.It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f.It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional s ervices. g.It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. 16.G.1.a Packet Pg. 2865 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 13 March, 2014 h.It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not mean constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 8.Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. 9.Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a.Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b.Applicability 1)Programs and Activities. If the sponsor has received a grant (or other federal . 2)Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3)Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c.Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 4)So long as the airport is used as an airport, or for anoth er purpose involving the provision of similar services or benefits; or 5)So long as the sponsor retains ownership or possession of the property. 16.G.1.a Packet Pg. 2866 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 14 March, 2014 a.)Required Solicitation Language. b.)It will include the following notification in all solicitations for bids, Request s For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: Collier County Board of County Commissioners, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in d.Required Contract Provisions. 1)It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally-assisted programs of the DOT acts and regulations. 2)It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3)It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4)It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a.)For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b.)For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. e.It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such p rogram will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. 16.G.1.a Packet Pg. 2867 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 15 March, 2014 f.It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 10.Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 11.Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 12.Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary. 13.Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The BE program, as required by 49 CFR Parts 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. § 3801). 16.G.1.a Packet Pg. 2868 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 16 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 4/18/2019 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars/ NUMBER TITLE 70/7460-1L Change 2 Obstruction Marking and Lighting 150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations 150/5000-17 Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1-2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28F Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30D Change 1 Airport Field Condition Assessments and Winter Operations Safety 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport FAA Airports 16.G.1.a Packet Pg. 2869 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 17 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 NUMBER TITLE 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16E Changes 1 Automated Weather Observing Systems (AWOS) for Non-Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Changes 1-2 Airport Ground Vehicle Automatic Dependent Surveillan ce -Broadcast (ADS-B) Out Squitter Equipment 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 16.G.1.a Packet Pg. 2870 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 18 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 NUMBER TITLE 150/5300-17C Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5D Airport Drainage Design 150/5320-6F Airport Pavement Design and Evaluation 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5235-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength -PCN 150/5340-1L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monito rs 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors 16.G.1.a Packet Pg. 2871 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 19 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 NUMBER TITLE 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43H Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low-Impact Resistant (LIR) Structures 150/5345-46E Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge-Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13A Airport Terminal Planning 150/5360-14A Access to Airports By Individuals With Disabilities 16.G.1.a Packet Pg. 2872 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 20 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 NUMBER TITLE 150/5370-2G Operational Safety on Airports During Construction 150/5370-10H Standards for Specifying Construction of Airports 150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5390-2C Heliport Design 150/5395-1A Seaplane Bases 16.G.1.a Packet Pg. 2873 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 3 -12-0021-005-2020 21 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 4/18/2019 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 3/22/2019 NUMBER TITLE 150/5100-14E Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1 -7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 16.G.1.a Packet Pg. 2874 Attachment: X01-SOG-3-12-0021-005-2020-Grant Agreement (part 1) - signed (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design) 16.G.1.bPacket Pg. 2875Attachment: CM MEMO (13058 : ATF Acceptance of FAA Grant for X01 RW Rehab Design)