Okaloosa County BOCC — July 2, 2013 — FAA Grant Application for ARFF Building — reading text

property to be, provided to AVCON by Owner at commencement of project. Additional services may be separately authorized at rates indicated in Exhibit “B.” Landscaping shall be limited to minimum required for permit compliance, Irrigation design shall be performed by the Contractor and shall be included in their bid. Building security system is not included and shall be considered an additional service. All environmental permitting will be performed by others, Mitigation for existing environmental hazards shall be performed by others, . Access to the site will be approved by Eglin Air Force Base. . Construction phase services are not a part of this scope. . No LEED (or similar sustainable design) certifications are included in this scope, . No furnishings will be specified for the building. END OF SCOPE Page 7 of 7 FAA Airports Grant Assurances Airport 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. 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. 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. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Airport Sponsor Assurances (4/2012) ARP. Page 1 of 17 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. 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 Title 49, U.S.C., subtitle VII, as amended. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. Federal Fair Labor Standards Act - {29 U.S.C. 201, et seq. Hatch Act —5 U.S.C. 1501, et seq.” Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.'* National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.! Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. Clean Air Act, P.L. 90-148, as amended. Coastal Zone Management Act, P.L. 93-205, as amended. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.! Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. American Indian Religious Freedom Act, P.L. 95- 341, as amended. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.’ Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. 8373. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. Copeland Anti kickback Act - 18 U.S.C. 874.1 National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.! Wild and Scenic Rivers Act, P.L. 90-542, as amended. Single Audit Act of 1984 - 31 U.S.C, 7501, et seg.” Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. eae ges rh Pe oF hep OB Romo xeseoe Executive Orders Airport Sponsor Assurances (4/2012) ARP Page 2 of 17 Executive Order 11246 - Equal Employment Opportunity’ Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction! Executive Order 12898 - Environmental Justice Federal Regulations a. b. c. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. 14 CFR Part 150 - Airport noise compatibility planning. 29 CFR Part 1 - Procedures for predetermination of wage rates.' 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).' 41 CEFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. Airport Sponsor Assurances (4/2012) ARP Page 3 of 17 q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.’ Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, Local Governments, and Non-Profit Organizations ' These laws do not apply to airport planning sponsors. * These laws do not apply to private sponsors. > 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency 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. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall 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 required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4, Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. Airport Sponsor Assurances (4/2012) ARP Page 4 of 17 b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the 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. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power,