Backup Documents 12/08/2015 Item #16G1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN
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'be 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.
2.
3. County Attorney Office County Attorney Office
1� I12-115
4. BCC Office Board of County b�
Commissioners/ `z.\ \
5. Minutes and Records Clerk of Court's Office
1`a-iio IIS IAB
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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 Debbie Brueggeman,A in,Airport Phone Number 642-7878 E t. 34
Contact/ Department Authority
Agenda Date Item was December 8,2015 Agenda Item Number 16G1
Approved by the BCC
Type of Document Resolution&FDOT JPA Agreement G0615 Number of Original 3
Attached (Everglades Fuel Farm) jos -02y-(O Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 6
2. Does the document need to be sent to another agency for additional signatures? If yes, N 4
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed ' \a„.
0.h
the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's (J•i6
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 DO 1JO r 0
document or the fmal negotiated contract date whichever is applicable. D -r L. CO,MPl.Cr
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
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. (Z,
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 12/08/15 and all changes made during
the meeting have been incorporated in the attached document. The County (1
Attorney's Office has reviewed the changes,if applicable. T�'
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th- ca,"
Chairman's signature.
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
Cottrty of (oilier 16 G 1
CLERK OF THE))CIRUIT COURT
Dwight E. Brock COLLIER COU1Y COORTHOUSE Clerk of Courts
N.
Clerk of Courts 3315 TAMIAMI TRL E STE 102 Accountant
�P.O. BOX 413044
NAPLES, FLORIDA \I( 'NAPLES,FLORIDA Auditor
34112-5324 I- 34101-3044 Custodian of County Funds
December 11, 2015
Ms. Wendy Sands
Florida Department of Transportation
District One
801 North Broadway Avenue
Bartow, Florida 33830
Re: Resolution 2015-246: Authorizing the execution of Joint Participation Agreement
Contract No. G0615 between the Collier County Airport Authority and FDOT
for the construction of an AvGas Fuel Farm Facility at the Everglades Airpark
Ms. Sands,
Attached for further processing are two (2) original copies and one (1) certified copy of the
Resolution and three (3) original copies of the Agreement, both referenced above, approved
by the Collier County Board of County Commissioners on December 8, 2015.
After the agreement(s) are signed by the appropriate parties, please return a fully executed
copy of the agreement to the Collier County Board Minutes and Records Department that
serves as Clerk to the Board, for the Official Record.
If your office requires further information, please contact me at 239-252-8406.
Thank you,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachments (3)
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
RESOLUTION NO.2015- 2 4 6 16 G 1
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED
JOINT PARTICIPATION AGREEMENT G0615 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Collier County Airport Authority has the authority to enter into the
attached agreement with the Florida Department of Transportation to undertake projects as
authorized by Chapter 332, Florida Statutes, and Rule 14-60 of the Florida Administrative
Code, and Ordinance 2004-03, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Florida,that:
1. That the Joint Participation Agreement (JPA) Number G0615 to fund an AvGas
Fuel Farm Facility at Everglades Airpark, Financial Management Number
438875-1-94-01, attached hereto, is hereby approved.
2. The Chairman of the Collier County Airport Authority, Tim Nance, is authorized
to enter into, modify or terminate JPA Number G0615 with the Florida
Department of Transportation unless and until it may be specifically rescinded.
3. This Resolution shall take effect immediately upon adoption.
ADOPTED this 8th day of December 2015 after motion, second and majority vote in
favor of adoption.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
COLLIER COUNTY, FLORIDA
DWIGHT R BROOK, Clerk
0-1,10.40!By: f.
Clerk By: (
Attest as to • `_ an's TIM NANCE
signature only CHAIRMAN
Approved as to form and legality:
Item# l(PCB
6 Agenda 12 -
Jennifer A. Belpedi �� Date u
Assistant County Attorney 03 \\ Date 'L
Recd
Deputy .Mir,"
TO: PT129WS@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0615
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #G0615 Contract Type: Method of Procurement:
Vendor Name: COLLIER COUNTY A
Vendor ID: VF596000558130
Beginning date of this Agmt: 10/26/15
Ending date of this Agmt: 07/01/17
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 012020129 *A8 *751000 * 120000.00 *43887519401 *215 *
2016 *55100100 *088719/16
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 120,000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 10/27/2015
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AIL'o=ELORI DA DEmmuEN Of-nRANommmm 72e30-06
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JOINT PARTICIPATION AGREEMENT Page,m,^
Financial Proj Number(s): Fund: 010 FLAIR C 088719
Function: 215 Object Code: 751000
438875-1-94-01 Federal Number: N/A Org. Code: 55012020129
DUNS Number: 80-939-7102 Vendor No.: F596000558130
Contract Number: G0615 Agency DUNS Number: 07-699-7790
CFDA Number: N/A CSFA Number: 55.004
CFDA Title: NiA CSFA Title: Aviation Development
Grants -
~] ��1�\ �1F)\��
THIS AGREEMENT, made and entered into this� c" �� day of / . /�u�^ / l . by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
referred to as the Department, and Collier County Airport Authority 2005 Mainsail Drive,Suite 1, Naples, Florida 34114
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before July 1, 2017 and this Agreement will expire unless a time extension is provided in accordance with Section
16.00.
VV |TNES9ETH:
WHEREAS,the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
332.006, Florida Statutes,to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is provide Department participation in a project to
construct an AVGAS Fuel Farm Facility at the Everglades Airpark and as further described in Exhibit(s)A, B, C, and
attached hereto and by this reference made a part hmroof, hereinafter referred to as the project, and to provide
Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be
provided and the understandings as to the manner in which the project will be undertaken and completed,
2.00 Accomplishment of the Project:
3.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit"A"
attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State,and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe,assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. The Department has the option
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to require an activity report on a quarterly basis. The activity report will include details of the progress of the project
towards completion.
3.00 Project Cost: The total estimated cost of the project is$ 150,000.00. This amount is based upon the
estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this Agreement. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits Involved.
4'00 Department Participation: The Department agrees to maximum partioiputimn, including contingencies,in the
project in the amount of$ 120,000.00 as detailed in Exhibit"B", or in an amount equal to the percentage(s)of total cost
shown in Exhibit"B",whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans, specifications,
contracts or other obligating documents as required by the Department, and all other terms of this Agreement;
(o) Department approval of costs in excess of the approved funding or attributable to actions which have not
received the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority
becomes available.
4.30 Front End Funding: Front end funding is is not appUcable. If applicable, the Department may initially
pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A projec budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget,carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it
complies with fund participation requirements established in Section 4.00 of this Agreement,or Amendment thereto, and
is approved by the Department Corn ptroller.
5.20 Payment Provisions: Unless otherwise a||owed, payment will begin in the year the project or project phase is
scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the
date the invoice is submitted with the final payment due upon receipt of a final invoice.
6'80 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the"project account". Records of costs incurred under
terms of this Agreement shall be maintained in the project account and made available upon request to the Department at
all times during the period of this Agreement and for five(5)years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records of costs incurred include the
Agency's general accounting records and the Project records,together with supporting documents and records,of the
Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants
considered necessary by the Department for aproper audit of costs. If any litigation, claim,or audit is started before the
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expiration of the five(5)year period, the records shall be retained until all litigation, claims,or audit findings involving the
records have been resolved.
6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project.Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.40 Documentation of Project Costs:All costs charged to the project, including any approved services
contributed by the Agency or others,shall be supported by properly executed payrolls,time records, Invoices,contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
6.50 Checks, Orders,and Vouchers:Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.All checks,
payrolls, invoices, contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible,and, to the extent feasible, kept separate and apart from all other such
documents.
6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any
inspections, reviews, investigations,or audits deemed necessary by the Department, Florida's Chief Financial Officer or
Auditor General.The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five years from the date the audit report is issued,and shall allow the Department access to such records
and working papers upon request. The following requirements do not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state
agency inspector general, the Auditor General,or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit"D"attached hereto and by
this reference made a part hereof this Agreement.
6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised
and Section 215.97, Florida Statutes, (see"Audits"below), monitoring procedures may include, but not be limited to, on-
site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other
procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is
appropriate,the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency
regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by FDOT's Office of Inspector General(OIG)and Florida's Chief Financial Officer(CFO)or
Auditor General.
6.62 Audits:
Part I Federally Funded: If the Agency is a state, local government,or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds,the following annual audit criteria will apply:
1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit"D"to this agreement indicates Federal resources awarded through the Department by this agreement.
In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133,as revised,will meet the
requirements of this part.
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2. In connection with the audit requirements addressed in Part I, Paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart CcfOMB Circular A-133.
3. If the recipient expends less than the amount in Part!, Paragraph 1., an audit conducted in accordance with
the provisions of 0MB Circular A-I 33, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance(CFDA)title and
number, award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a non-state entity as defined by Section 215.87(2)(m). Florida Statutes,and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes;applicable rules of the Department of Financial Services and the CFO;
and Chapters 1O.S5O (local governmental entities)or10.U50(nonprnfit and for-profit orAanizoUonm). Rules of the Auditor
General. Exhibit "D"to this agreement indicates state financial assistance awarded through the Department by this
agreement. |n determining the state finenoim|assistance expended in its fiscal year, the recipient shall consider all
sources of state financial assistance, including state financial assistance received from the Department, other state
agencies, and other non-staLe entities. State financial assistance does not include Federal direct or pass-through awards
and resources received by a non-state entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes,and Chapter 10.550(local governmental entities)
or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1.,such audit is not required. If the
recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from
non-state entities
4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number,
award number and year, and name of the state agency awarding it,
Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule
of prior year audit findings, including corrective action and current status of the audit findings is required. Current year
audit findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is
completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department,
the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised,as
revised, and required by Section 6.62 Part I of this agreement shall be submitted, when required by Section
.320(d), OMB Circular A-133 as reviawd, by or on behalf of the recipient directly to each of the following;
.
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a. The Department at the foUowing address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDDTSinn/eAuditAdnCoto(e.Uuo
b. The number mf copies required by Sections .320(dX1)and (2)' OMB Circular A+133aurevised,
submitted to the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c. OtherFedenu| aAenuieuondpauo-thnouQhent|tieoinaocordoncewithSec1iono22U(n)nnd(f). OyNB
Circular A-133 as revised.
2. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement
and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall
submit the required written notification pursuant to Section .320(e)(2)and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Emmi|:FODT3ing/oAudi{Ado1.y(ate.O.uo
In addition, pursuant to Section .820(f), OMB Circular A-133 as rmv|oed, as reviamd, the recipient shall submit
a copy of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any
management letters issued by the auditor, to the Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Te||ahauoee, Florida 32399-0405
Email: FDOTSinn|eAudicdotsta1o,O.us
3. Copies of financial reporting packages required by Section 6.62 Part II of this Agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
a. The Department at the following address:
'.'
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Florida Department of Transportation
Office of Comptroller, MS 24
695 Suwannee Street
Tallahassee, Florida 32399-0405
Email:fIOTSipp|eAu! @doLstate.f`us
b. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
1 11 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be
submitted by or on behalf of the recipient directly to:
a. The Department at the following address:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Emui|� FDOTSh! |eAudhcDdois(ate,Ous
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215.97,
Florida Statutes, and Chapter 10.550(local governmental entities)or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor Gmnmn*|, as applicable.
S. Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 as revised or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Agency in correspondence accompanying the reporting package.
6'63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee,the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
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facilities,the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds,the Agency shall file with the Department of
Transportation, District One Public Transportation Office at 801 North Broadway Avenue, Bartow, Florida, 33830, its
requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account(as
defined in Paragraph 6.10 hereof)to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the
criteria for evaluating successful completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit"A"has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S.,
and shall be submitted on the Department's Travel Form No. 300-000-01.The Department may establish rates lower
than the maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property,and actual
consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with
any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and
procedures required by any federal oversight agency and with all state laws, rules and procedures that
may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement,the Department may elect
by notice in writing not to make a payment on the project if:
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,or
any supplement thereto or amendment thereof,or in or with respect to any document or data furnished therewith or
pursuant hereto;
7.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement,or payments to the project;
7.23 Approval by Department:The Agency shall have taken any action pertaining to the project which, under this
agreement, requires the approval of the Department or has made related expenditures or incurred related obligations
without having been advised by the Department that same are approved;
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7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of
the Agreement; or
7'36 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project
suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal
financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal
financial assistance as detailed in Exhibit"B."
7.30 Disallowed Costs: In determining the amount of the payment,the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs
which are not provided for in the latest approved scope and budget for the project, costs attributable to goods or services
received under a contract or other arrangements which have not been approved by the Department, and costs invoiced
prior to receipt of annual notification of fund availability.
7.40 Payment Offset: |f, after project oomp|eUnn, any claim is made by the Department resulting from an audit or
for work or services performed pursuant to this agreement, the Department may offset such amount from payments due
for work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
8'00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion,finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive,or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected,or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which
may include any or all of the following: (1)necessary action to terminate or suspend,as the case may be, project activities
and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of
which the financing is to be computed; (2)furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and(3)remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule,
plan,and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time.The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit,the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
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10L00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all
third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If
the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23.The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration(FTA)funds are used in the project,the
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S., Consultants'Competitive Negotiation Act.At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall .
ce��yto the Dapa�ment that oa|ecUonhas been accomplished in compliance with Chapter 287.055F.S.. the Conou|tonbo
Competitive Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves the purchase of commodities
or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,which
includes engineering,design, and/or construction activities, where purchases or costs exceed the Threshold Amount for
CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter
287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency
to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
purchase orders,task orders, construction change orders, or any other agreement that would result in exceeding the
current budget contained in Exhibit"B", or that is not consistent with the project description and scope of services
contained in Exhibit"A" must be approved by the Department prior to Agency execution. Failure to obtain such approval,
and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
Department as provided in Section 7.23.
1$.30 Disadvantaged Business Enterprise(DBE) Policy:
10.31 DBE Policy:The contractor, sub recipient or subcontractor shall not discriminate onthe basis of race, color,
national origin, or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
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 or in the administration of its DBE program or the requirements of 49 CFR part 26.The
recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award
and administration of DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR part 26 and as
approved by DOT, Is incorporated by reference in this agreement. Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure
to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act
of 1986(31 U.S.C. 8801 et seq.)
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10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
11.80 Rwatr|vtiona, Prohibitions,Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of any project,the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
emp|oyment, without regard to their race,mgm, ormed, oo|nr, oex, or national origin. Such action shall include, but not be
limited to, the following: Employment upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency
shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts In
connection with the development or operation of the project,except contracts for standard commercial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts,except subcontracts for
standard commercial supplies or raw materials.When the project involves inmtaUmUon,uonotruotion, dmmo|ibon, nemova|,
site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for
employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
11.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964(42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
11.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42
USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, cm|or, national
origin, nraod, nex, and age.
11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et. seq.), the
regulations of the federal government issued there under, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
~yNabahm| |nhoremt" meons direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project,with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between
the Agency and an agency of state government.
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11.60 Interest of Members of,or Delegates to, Congress: No member or delegate to the Congress of the United
States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising
there from.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by
the Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any apphcable permits.The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which
may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudioe any right or remedy available to the Department with respect to such
breach or default.
12.40 How Agreement Is Aflocted by Provisions Being Held Invalid: if any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
a|eo, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thermof, perform any other act or do any ot er thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once
notify the Department in writing in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18,when applicable.
12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
12.90 Contractual Indemnity: To the extent provided by law,the Agency shall indemnify, defend, and hold
harmless the Department and all of its officmm, agantm, and employees from any claim, |uao, dammga, nnat, ohmnQo, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage,cost, charge, or expense arising out of any act, error, omission,or negligent act by
the Department or any of its officers, agentw,or employees during the performance of the Agreement.
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When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement,the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within fourteen(14)working
days and will jointly discuss options in defending the claim.After reviewing the claim, the Department will determine
whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the
Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim
shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.The
Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations,and trial, if any.
However, if only one party participates in the defense of the claim at trial,that party is responsible for all expenses at trial.
13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or
the constructing and equipping of facilities,where plans and specifications have been developed,the Agency shall
provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit"C"if applicable. For the
plans, specifications, construction contract documents, and any and all other engineering,construction, and contractual
documents produced by the Engineer, hereinafter collectively referred to as"plans",the Agency will certify that
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"Ba of this Agreement as well as
the Scope of Services;and
d. The plans comply with all applicable laws,ordinances,zoning and permitting requirements, public notice
requirements,and other similar regulations.
Notwithstanding the provisions of this paragraph,the Agency, upon request by the Department, shall provide plans
and specifications to the Department for review and approvals.
14.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of
more than one year,the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a)The Department,during
any fiscal year, shall not expend money, incur any liability,or enter into any contract which, by its terms involves the
expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract,verbal or written, made in violation of this subsection is null and void,and no money may be paid on such
contract.The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
16.00 Expiration of Agreement:The Agency agrees to complete the project on or before July 1.2017. If the
Agency does not complete the project within this time period,this Agreement will expire unless an extension of the time
period is requested by the Agency and granted in writing by the Modal Development Administrator. Expiration of this
Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement
shall be initiated.
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16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement.
17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural.All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
18'00 Execution of Agreement:This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
19.00 RestrictIons on Lobbying:
19.10 Federal:The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement,the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its
instructions.
The Agency shall require that the language of this section be included in the award documents for all sub-awards at all
tiers (including oubcontrectn, oub'grunts, and contracts under grants, loans and cooperative agreements)and that all sub-
recipients shall certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
20.00 Vendors Rights: Vendors(in this document identified as Agency)providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five(5)working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and
approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S.will be due and payable, in addition to
the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one(1)dollar will not be enforced unless the Agency requests
payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in
the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the
Oepartmen\. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236.
31.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity
',�
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in excess of the tnresnoia amount provided ino. 287.O17. F.@. for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor fist may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public
mnUb/, may not be awarded or perform work as a oontnsubnr, aupp|iar, oubcontraotor, or consultant under a contract with
any public entity, and may not transact business with any public entity.
23'00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verity me employment eligibility of
all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontrac oro performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
IN WITNESS WHEREOF,the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY FDOT
�
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Collier County Airpo�Authority :~ -
AGENCY NAME CHRIS SMITH
DEPARTMENT OF TRANSPORTATiON
,r V `
i t ta'� / `(< /)L e Director of Transportation DeveloDineni _
SIGNATORY TITLE t'
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\-'/�`�/cu�- � ^ -~�--~
SIGNATURE LEGAL REVIEW
DEPARTMENT OF TRANSPOR • '
.` //( ` ` ` ^ } 1( /l See attached Encumbrance Form for date of Funding
TITLE Approval by Comptroller
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as to form and lega bv
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By: "'` .^- ��mm���x m�nty
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signature only., . • � ~^
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16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:00615
Original Agreement
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite 1,Naples.Florida 34114 dated 12-11 - (5_ and referenced by the
above Financial Project Number.
PROJECT LOCATION: Everglades Airpark
PROJECT DESCRIPTION: AVGAS Fuel Farm Facility
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.62 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project Number
and the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
The plans and specifications review required in paragraph 13.00 of the Agreement shall include
an Engineer Certification and compliance with Department requirements as outlined in Exhibit
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and measurable deliverables.
Each deliverable must specify the required level of service to be performed and the Department's
criteria for evaluating successful completion. The items must be submitted and approved
through the Florida Aviation Database http://www.florida-aviation-database.com/filed under the
appropriate Financial Management (FM) number to meet the deliverable requirements. The
deliverables must be received and accepted by the Department prior to the payment of services.
The Department of Financial Services Internet link below provides guidance on clear and
comprehensive scopes and deliverables development. The scope of work and deliverables are
specifically addressed in chapter 3:
http;//www.rny-floridacfo.cx)rniaadiridocs/ContractandGraniManagernentUserCluide.pdf
Exhibit A,Page 1 of 3
160 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
SCOPE OF SERVICES
Design Phase
1. The Agency must submit a signed copy of an agreement between the Agency and its
third-party consultant, incorporating the scope of services and schedule of values,
which have been approved by the Department. The scope of services must include or
incorporate by reference a schedule of values that will he used to approve payments
to the third-party consultant. The scope of services and schedule of values must be
approved in writing by the Department before the Agency enters into an agreement
with its third-party consultant. The schedule of values shall be a complete and
detailed itemization describing each subcategory of work and related pay items and
their associated total value, quantity, unit of measurement and unit price/cost. The
consultant should invoice the Agency on a regular basis using the approved schedule
of values and one of the following methods:
a. Percentage Completed. For this method the consultant's invoice should list a
detailed description of each task in the approved scope of services and schedule
of values, the dollar value amount for the item, the percentage competed for the
item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the consultant's invoice should list a detailed
description of each task in the approved scope of services and schedule of values,
the dollar value amount for each item, indicate which task have been completed,
and the dollar value for each task completed.
2. The Agency shall sign each invoice submitted to the Department and certify thereon
that the Agency has verified that the percentages of and/or task completions are
correct and that the amounts indicated on the invoice are correct.
3. Any change(s) to the approved scope of services or schedule of values will require a
change order approved by the Department, and signed by the Agency and the third-
party consultant. Invoices incorporating unapproved changes cannot be submitted by
the Agency or.paid by the Department. Invoices submitted to the Department with
any unapproved charges will be rejected by the Department.
Exhibit A,Page 2 of 3
•
•
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-0 I
Contract Number.00615
Original Agreement
Construction Phase
4. The Agency must submit a signed copy of an agreement between the Agency and its
contractor, incorporating the scope of services and schedule of values which have
been approved by the Department. The scope of services must include or incorporate
by reference a schedule of values that will be used to approve payments to the
contractor. The scope of services and schedule of values must be approved in writing
by the Department before the Agency enters into an agreement with its contractor.
The schedule of values shall be a complete and detailed itemization describing each
subcategory of work and related pay items and their associated total value, quantity,
unit of measurement and unit price/cost. The contractor should invoice the Agency
on a regular basis using the approved schedule of values and one of the following
methods:
a. Percentage Completed. For this method the contractor's invoice should list a
detailed description of each task in the approved scope of services and schedule
of values, the dollar value amount for the item, the percentage competed for the
item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the contractor's invoice should list a detailed
description of each task in the approved scope of services and schedule of values,
the dollar value amount for each item, indicate which task have been completed,
and the dollar value for each task completed.
5. The contractor should submit their pay request to the Agency's project inspector for
approval using the standard "Application and Certificate for Payment" form. The
Agency's project inspector will review and approve the contractor's pay request
certifying the percentage of completion and/or quantities are correct.
6. The Agency shall sign each invoice submitted to the Department and certify thereon
that the Agency has verified that the percentages of and/or task completions are
correct and that the amounts indicated on the invoice are correct.
7 Any change(s) to the approved scope of services or schedule of values will require a
change order approved by the Department, and signed by the Agency and the
contractor. Invoices incorporating unapproved changes cannot be submitted by the
Agency or paid by the Department. Invoices submitted to the Department with any
unapproved charges will be rejected by the Department.
Exhibit A,Page 3 of 3
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite 1,Naples, Florida 34114 dated 12-2g—15 and referenced by the
above Financial Project Number.
Expiration Date: July 1,2017
Project funds are programmed in the Department's Work Program in the following fiscal year(s):
Fiscal Year 2016
State funding(DDR) (80%) $120,000.00
Local funding(LF) (20%) $30,000.00
Total $150,000.00
Project years may be advanced or deferred subject to Legislative appropriation or availability of
funds.
State funds, which are not expended by the date(s) indicated, shall be forfeited by the agency.
Invoices shall be submitted at a minimum of every 12 months or the project funds are subject to
deletion.
Per paragraph 15.10, the State of Florida performance and obligation to pay under this agreement
is contingent on an annual appropriation by the Legislature. The reimbursement amount is
limited by the Department participation levels and fiscal years reflected in this Exhibit.
Exhibit B,Page 1 of 1
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number G0615
Original Agreement
EXHIBIT "C"
AVIATION PROJECT REQUIREMENTS& PROG" M ASSU NCES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite L Naples, Florida 34114 dated I2-2 -15 and referenced by the
above Financial Project Number.
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement
(Agreement) between the State of Florida, Department of Transportation (Department) and
the airport sponsor, whether county or municipal government body or special district, such as
an Airport Authority(herein, collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their
commitment and compliance with specific provisions of Exhibit A, "Project Description and
responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public
investment in public-use airports and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect
throughout the useful life of a facility developed; equipment acquired; or project items
installed within a facility for an airport development or noise compatibility program project,
but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement
regarding Exclusive Rights and Airport Revenue so long as the property is used as a public
airport
6. There shall be no limit on the duration of the terms and assurances of this Agreement
with respect to real property acquired with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to comply with its financial
commitment to this project under the terms of this Agreement, until such time as the
Department may determine that the Agency has failed to comply with the terms of the
Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the
terms of the Agreement and/or these assurances shall be notified, in writing, by the
Department, identifying the specifics of the non-compliance and any corrective action by the
Agency to remedy the failure.
Exhibit C,Page 1 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the
Department's continued financial commitment to this project and immediately require the
Agency to repay the Department the full amount of funds expended by the Department on
this project.
10. Any history of failure to comply with the terms of an Agreement and/or assurances will
jeopardize the Agency's eligibility for further state funding of airport projects by the
Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will
comply,within its authority, with all applicable, current laws and rules of the State of Florida
and local government, as well as Department policies, guidelines, and requirements,
including but not limited to the following:
a. Florida Statutes (F.S.)
• Chapter 163, F.S., Local Government Comprehensive Planning and Land
Development
• Chapter 329,F.S., Aircraft: Title; Liens; Registration; Liens
• Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
• Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
• Chapter 332,F.S., Airports and Other Air Navigation Facilities
• Chapter 333,F.S.,Airport Zoning
b. Florida Administrative Code (FAC)
• Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of
Compliance
• Chapter 14-60, FAC,Airport Licensing, Registration, and Airspace Protection
• Section 62-256.300(5) FAC, Open Burning,Prohibitions, Public Airports
• Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport
Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
Exhibit C,Page 2 of 15
16G1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
• Eight Steps to Building a New Airport
• Florida Airport Financial Resource Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Guidelines for Plan Development
2. Construction Certification: The Agency hereby certifies, with respect to a
construction-related project, that all design plans and specifications will comply with
applicable federal, state, local, and professional standards, as well as Federal Aviation
Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including
but not limited to the following:
a. Federal Requirements
• FAA AC 70/7460-1,Obstruction Marking and Lighting
• FAA AC 150/5300-13, Airport Design
b. Local Government Requirements
• Local Building Codes
• Local Zoning Codes
c. Department Requirements
• Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highways (Commonly Referred to as the "Florida
Green Book")
• Manual on Uniform Traffic Control Devices
• Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed
Airports"
• Standard Specifications for Construction of General Aviation Airports
3. Land Acquisition Certification: The Agency hereby certifies, regarding land
acquisition, that it will comply with applicable federal and state policies, regulations, and
laws, including but not limited to the following:
a. Federal Requirements
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act Implementing
Instructions for Airport Projects
Exhibit C,Page 3 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
• FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport
Projects
b. Florida Requirements
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through
Condemnation)
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re:
Condemnation)
• Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement,
that it has the legal authority to enter into this Agreement and commit to this project; that a
resolution, motion, or similar action has been duly adopted or passed as an official act of the
airport sponsor's governing body authorizing this Agreement, including assurances contained
therein, and directing and authorizing the person identified as the official representative of
the governing body to act on its behalf with respect to this Agreement and to provide any
additional information as may be required.
2. Financial Authority: The Agency hereby certifies, with respect to this project
Agreement, that it has sufficient funds available for that portion of the project costs which are
not paid by the U.S. Government or the State of Florida; that it has sufficient funds available
to assure future operation and maintenance of items funded by this project, which it will
control; and that authority has been granted by the airport sponsor governing body to commit
those funds to this project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following
responsibilities:
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the
financial transactions related to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in
accordance with Generally Accepted Accounting Principles and in an accounting system
that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport
upon reasonable notice.
2. Good Title
Exhibit C,Page 4 of 15
160 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:00615
Original Agreement
a. The Agency holds good title, satisfactory to the Department, to the airport or site
thereof, or gives assurance, satisfactory to the Department, that good title will be
obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's
property, the Agency holds good title, satisfactory to the Department, to that portion of
the property upon which state funds will be expended, or gives assurance, satisfactory to
the Department, that good title will be obtained.
3. Preserving Rights and Powers
a. The Agency 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 and assurances
of this Agreement without the written approval of the Department. Further, it will act
promptly to acquire, extinguish, or modify, in a manner acceptable to the Department,
any outstanding rights or claims of right of others which would interfere with such
performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity
or person other than the Agency or an employee of the Agency, the Agency will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the terms and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will clear and
protect terminal airspace required for instrument and visual operations at the airport
(including established minimum flight altitudes) by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing
the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work
in conjunction with the governing public authority or private land owner of the property
to clear and protect terminal airspace required for instrument and visual operations at the
airport (including established minimum flight altitudes) by removing, lowering,
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards. The Agency may enter
into an agreement with surrounding property owners or pursue available legal remedies to
remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent
with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take
appropriate action necessary to ensure local government adoption of an airport zoning
ordinance or interlocal agreement with another local government body having an airport
zoning ordinance, consistent with the provisions of Section 333.03, F.S.
Exhibit C,Page 5 of 15
1601
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-OI
Contract Number:G0615
Original Agreement
b. The Agency assures that it will disapprove or oppose any attempted alteration or
creation of objects, natural or man-made, dangerous to navigable airspace or that would
adversely affect the current or future levels of airport operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local
land use development regulations that would adversely affect the current or future levels
of airport operations by creation or expansion of airport incompatible land use areas.
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned
future land use development plans approved by the local government having
jurisdictional responsibility for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local
communities and has had reasonable consultation with those parties affected by the
project.
c, The Agency will consider and take appropriate actions, if deemed warranted, to adopt
the current,approved Airport Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this
Agreement, is consistent with the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this
Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which
shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the Agency for airport purposes
and proposed additions thereto;
(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 proposed extensions and reductions of existing airport facilities;
and
(3) The location of all existing and proposed non-aviation areas on airport property
and of all existing improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the
airport or any of its facilities that are not consistent with the Airport Master Plan and the
Airport Layout Plan, as approved by the Depaitment.
d. Original Airport Master Plans and Airport Layout Plans and each amendment,
revision,or modification thereof, shall be subject to the approval of the Department.
8. Airport Financial Plan
Exhibit C,Page 6 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
a. The Agency assures that it will develop and maintain a cost-feasible financial plan to
accomplish the projects necessary to achieve the proposed airport improvements
identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any
updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering
availability of state and local funding and likelihood of federal funding under the
FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are
inconsistent with the local government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept
current in the Joint Automated Capital Improvement Program(JACIP) online website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital
improvement 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 airport and which
are directly and substantially related to the air transportation of passengers or property, or
for environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and
services at the airport that will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport.
b. If this Agreement results in a facility that will be leased or otherwise produce
revenue, the Agency assures that the price charged for that facility will be based on the
fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not
exceed a period of 30 years.
I I. Public-Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an
airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility,
respectively, is to be constructed on airport property for aircraft storage or tenant use at
the expense of the aircraft owner or tenant, the airport owner or operator may grant to the
aircraft owner or tenant of the facility a lease that is subject to such terms and conditions
on the facility as the airport owner or operator may impose, subject to approval by the
Department.
b. Duration of the terms or conditions in Section Dl la shall not exceed a period of 30
years.
Exhibit C,Page 7 of 15
1661
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
12. Economic Nondiscrimination
a. The Agency assures that it will make the airport available as an airport for public use
on reasonable terms without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering services to
the public.
(1) The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe and
efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
b. The Agency assures that each airport Fixed-Based Operator(FBO) shall be subject to
the same rates, fees, rentals, and other charges as are uniformly applicable to all other
FBOs making the same or similar uses of such airport and utilizing the same or similar
facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension,
or runway location that the project will be located, designed, constructed, and operated so
as to comply with applicable air and water quality standards.
14. Operations and Maintenance
a. The Agency assures that the airport and all facilities, which are necessary to serve the
aeronautical users of the airport, 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 and state agencies for maintenance and operation, as
well as minimum standards established by the Department for State of Florida licensing
as a public-use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for
non-aeronautical purposes must first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen
of any condition affecting aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when adverse weather conditions interfere
with safe airport operations.
15. Federal Funding Eligibility
Exhibit C,Page 8 of 15
16G1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
a. The Agency assures it will take appropriate actions to maintain federal funding
eligibility for the airport and it will avoid any action that renders the airport ineligible for
federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible
for state funding of airport projects.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations
pertaining to this airport project within one year after the effective date of this
Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to
approval by the Department District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved
extension may allow the Department to terminate this Agreement.
7. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any
person providing, or intending to provide, aeronautical services to the public.
18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public access
that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities,
or any area used for emergency equipment, fuel, supplies, passengers, mail and freight,
radar, communications, utilities, and landing systems, including but not limited to flight
operations, ground services, emergency services, terminal facilities, maintenance, repair,
or storage, except for those normal airport providers responsible for standard airport daily
services or during special events at the airport open to the public with limited and
controlled access.
b. The Agency assures that it will not grant or allow general easement or public access
to any portion of the airfield from adjacent real property which is not owned,operated, or
otherwise controlled by the Agency without prior Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of
its title or other interests in the real property shown as airport owned or controlled on the
current airport layout plan without prior written approval by the Department. It will not
sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its
title, rights, or other interest in existing noise easements or avigation easements on any
property, airport or non airport, without prior written approval by the Department. These
assurances shall not limit the Agency's right to lease airport property for airport-
compatible purposes.
Exhibit C,Page 9 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number: G0615
Original Agreement
20. Consultant,Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of consultants,
contractors, and subcontractors for all or any part of this project if the specific
consultants, contractors, or subcontractors have a record of poor project performance
with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope
and cost of professional services.
21. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved
modifications.
b. Furnish the Department with such periodic project and work activity reports as
indicated in the approved scope of services.
c. Make such material available for public review, unless exempt from public
disclosure.
(1) Information related to airport security is considered restricted infoirnation and is
exempt from public dissemination per Sections 119.071(3) and 331.22 Florida
Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the
United States or any other country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan,
and any updates thereto, it will be consistent with provisions of the Florida Aviation
System Plan, will identify reasonable future growth of the airport and the Agency will
comply with the Department airport master planning guidebook, including:
(1) Provide copies, in electronic and editable foonat, of final project materials to the
Department, including computer-aided drafting (CAD) files of the Airport Layout
Plan.
(2) Develop a cost-feasible financial plan, approved by the Department, to
accomplish the projects described in the Airport Master Plan or depicted in the
Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall
realistically assess project phasing considering availability of state and local funding
and federal funding under the FAA's priority system.
(3) Enter all projects contained in the cost-feasible plan in the Joint Automated
Capital Improvement Program (JACIP).
Exhibit C,Page 10 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
f. The Agency understands and agrees that Depaitnient approval of this project
Agreement or any planning material developed as part of this Agreement does not
constitute or imply any assurance or commitment on the part of the Department to
approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department
and, if required, FAA approval prior to submitting any invoices to the Department for
payment.
h. The Department may extend the 5-day requirement for the approval and inspection of
goods and services to allow for adequate time for review (reference Section 215.422(1),
F.S.).
22. Land Acquisition Projects
If this project involves the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such
action.
b. Administration: Maintain direct control of project administration,including:
(1) Maintain responsibility for all related contract letting and administrative
procedures.
(2) Secure written Department approval to execute each agreement for the purchase
of real property with any third party.
(3) Ensure a qualified, State certified general appraiser provides all necessary
services and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow
projection within 20 calendar days after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for
land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply
with the following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the
land purchase within 60 days of executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the
Department, in writing, within 14 calendar days of receiving the federal funds and is
responsible for reimbursing the Department within 30 calendar days to achieve
normal project federal, state, and local funding shares per Chapter 332, Florida
Statutes,
Exhibit C,Page 11 of 15
166 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number: 00615
Original Agreement
(3) If federal funds are not received for the land purchase, the Agency shall reimburse
the Department within 30 calendar days after the reimbursable funds are to achieve
normal project state and local funding shares as described in Chapter 332, Florida
Statutes.
(4) If federal funds are not received for the land purchase and the state share of the
purchase is less than or equal to normal state and local funding shares per Chapter
332, F.S., when reimbursable funds are due, no reimbursement to the Department
shall be required.
d. New Airport: If this project involves the purchase of real property for the
development of a new airport, the Agency assures that it will:
(1) Apply for federal and state funding to construct a paved runway, associated
aircraft parking apron, and connecting taxiway within one year of the date of land
purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land
purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in
accordance with the terms and assurances of this Agreement within 10 years of
acquisition.
f. Disposal of Land: For disposal of real property purchased in accordance with the
terms and assurances of this Agreement, the Agency assures that it will comply with the
following:
(1) For land purchased for airport development or noise compatibility purposes, the
Agency will, when the land is no longer needed for such purposes, dispose of such
land at fair market value and/or make available to the Department an amount equal to
the state's proportionate share of its fair market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise
buffer.
(b) Revenue from uses of such land contributes to airport financial self-
sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to
retention or reservation of any interest or right therein needed to ensure such land will
only be used for purposes compatible with noise levels related to airport operations.
(4) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the
proceeds of the sale of any airport-owned real property.
Exhibit C,Page 12 of 15
160 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:00615
Original Agreement
(b) The proportional amount shall be determined on the basis of the ratio of the
Department financing of the acquisition of the real property multiplied against the
sale amount, and shall be remitted to the Department within ninety (90) days of
closing of sale.
(c) Sale of real property acquired with Department funds shall be at fair market
value as determined by appraisal, and the contract for sale must be approved in
advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and
local laws,rules, regulations, and policies.
(2) All design plans and specifications comply with federal, state, and professional
standards and applicable FAA advisory circulars, as well as the minimum standards
established by the Depaitinent for State of Florida licensing as a public-use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with
certification of that fact by the project Engineer.
b. Design Development: For the plans, specifications, construction contract
documents, and any and all other engineering, construction, and contractual documents
produced by the Engineer, which are hereinafter collectively referred to as "plans", the
Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design
principles, and with generally accepted professional standards.
(2) The plans shall be consistent with the intent of the project as defined in Exhibit A
and Exhibit B of this Agreement.
(3) The project Engineer shall perform a review of the certification requirements
listed in Section B2 above and make a determination as to their applicability to this
project.
(4) Development of the plans shall comply with all applicable laws, ordinances,
zoning and permitting requirements, public notice requirements, and other similar
regulations,
c. Inspection and Approval: The Agency assures that:
Exhibit C,Page 13 of 15
160 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:(10615
Original Agreement
(1) The Agency will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans,
specifications,and schedules approved by the Department for the project.
(2) The Agency assures that it will allow the Department to inspect the work and that
it will provide any cost and progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary,
as required by the Department, for work which does not conform to Department
standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project
involving replacement or reconstruction of runway or taxiway pavement it has
implemented an airport pavement maintenance management program and that it will use
such program for the useful life of any pavement constructed, reconstructed, or repaired
with state financial assistance at the airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. Government Agreements: For all noise compatibility projects that are carried out
by another unit of local government or are on property owned by a unit of local
government other than the Agency, the Agency shall enter into an agreement with that
government body.
(1) The local agreement, satisfactory to the Department, shall obligate the unit of
local government to the same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is
substantial non-compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to
exclude future actions against the airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is
substantial non-compliance with the terms of the agreement.
25, Requests for Reimbursement(Invoice Submittals): In accordance with Section
215.422 Florida Statutes and the requirement of Paragraph 20.00 of this Agreement:
a. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared
in accordance with instructions given by the Department. Back-up documentation
will include the appropriate items necessary to verify costs incurred and the eligibility
of said costs.
b. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by
the Department no later than five(5)working days after receipt, by the District Public
Exhibit C,Page 14 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
Transportation Office, of a properly prepared and submitted invoice. Should the
invoice be incomplete or incorrect, the Department shall inform the Agency within
five (5)working days of receipt and return the invoice for corrections.
26. Third Party Contracts: The Department must approve third party contracts pursuant to
Paragraph 10.10 except that written approval is hereby granted for:
a. Contracts for materials from a valid state or intergovernmental contract. Such materials
must be included in the Department approved project scope and/or quantities.
b. Contracts, purchase orders, and construction change orders (excluding engineering
consultant services)up to the threshold limits of Category Three. Such contracts must be
for services and/or materials included in the Department approved project scope and/or
quantities. Purchasing Categories and Thresholds are defined in Section 287.017 Florida
Statutes,and in Rule Chapter 60, Florida Administrative Code. The threshold limits are
adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to
ensure that any obligations made in accordance with this section comply with the current
threshold limits. Obligations made in excess of the appropriate limits shall be cause for
Department non-participation.
c. Contracts,purchase orders, and construction change orders that exceed the current IPA
budget,provided they are within the threshold limits of Category Three, as defined in
Section 287.017 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code.
Such contracts must be for services and/or materials included in the Department approved
project scope and/or quantities.
27. Force Account Work: "Force Account Work"by the Agency utilizing their own
forces and equipment must be approved in writing by the Department prior to performance.
Exhibit C,Page 15 of 15
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
EXHIBIT "D"
PROJECT COMPLIANCES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite 1, Naples, Florida 34114 dated 12-28--)5 and referenced by the
above Financial Project Number.
State Agency: Florida Department of Transportation
CSFA Number&Title: 55.004, Aviation Development Program
Amount: $120,000.00
COMPLIANCES
ACTIVITIES ALLOWED
Airport Planning
Airport Planning Grants are to study options for airport development and operations. The
Department funds airport master plans,airport layout plans(ALP), noise and environmental
studies, economical impact, services development, and airport promotion. Examples of projects
are:
• Master Plans and Airport Layout Plans(ALP);
• Master Drainage Plans;
• Environmental Assessments(EA);
• Development of Regional Impact(DRI);
• Operations and Emergency Response Plans (ERP);
• Federal Aviation Regulations (FAR)Part 150 noise studies;
• Environmental Impact Studies (EIS);
• Wildlife Hazard Studies;
• Feasibility and Site Selection Studies;
• Business plans;
• Airport management studies and training;
• Air services studies and related promotional materials.
Exhibit D,Page 1 of 5
166 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects
are:
Air-side capital improvement projects
• Runways
• Taxiways
• Aprons
• T-hangers
• Fuel farms
• Maintenance Hangers
• Lighting
• Air Traffic Control Towers
• Instrument Approach Aids
• Automatic Weather Observation Stations
Land-side capital improvement projects
• Terminal Buildings
• Parking lots and structures
• Road and other access projects
Presentation projects
• Overlays
• Crack sealing
• Marking
• Painting buildings
• Roofing buildings
• Other approved projects
Safety equipment
• Airfield Rescue and Fire Fighting Vehicle(ARFF)
• Lighted Xs
Exhibit D,Page 2 of 5
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
Safety projects
• Tree clearing
• Land contouring on overrun areas
• Removing,lowering,moving, and marking, lighting hazards
Information technology equipment(used to inventory and plan airport facility needs)
Drainage improvements
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones
and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees,
surveys, closing costs and preliminary engineering fees are eligible costs. In the event the
negotiation for a fair market value is unsuccessful,the court will be petitioned for "an Order of
Taking" under the eminent domain laws of Florida. Examples of projects are:
• Land acquisition (for land in an approved Master Plan or ALP)
• Mitigation land (on or off airport)
• Aviation easements
• Right of way
• Approach clear zones
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
• Any airport improvement and land purchase that will enhance economic impact
• Building for lease
• Industrial park infrastructure and buildings
• General aviation terminals that will be 100 percent leased out
• Industrial park marketing programs
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases
for both commercial service and general aviation airports.
This is a general description of project types. A detail list of project types approved for these
grant programs can be found in the Aviation Grant Program manual which can be accessed
through the inter-net at www.dot.state.fl.us/Aviation/Public.htm.
Exhibit D,Page 3 of 5
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
ALLOWABLE COSTS
Entities are prohibited from using grant funds for lobbying the legislature. (Section 216.347,
Florida Statutes). Also,restrictions of expenditures are summarized in the Reference Guide for
State Expenditures of the Department of Financial Services. Other specific requirements for
allowable costs are unique to each state projcct and are found in the laws,rules, and the
provisions of contracts or grant agreements pertaining to the project. For projects listed in the
Compliance Supplement, these specific requirements are in Part Four.
Audit Objectives
Determine whether expenditures of state financial assistance were for allowable costs.
Suggested Audit Procedures
1. Identify the types of costs that are either specifically allowed or prohibited by the laws,
rules, and provisions of contracts or grant agreements pertaining to the project.
2. Select a sample of transactions and perform procedures to verify that the transactions
were for an allowable cost and not for lobbying the legislature or other prohibited uses.
Cash Management
State agencies which are expressly authorized by law to make advances for project startup or
contracted services in total or periodically, shall limit such advances to other governmental
entities and nonprofit entities. The amount to be advanced may not exceed the expected cash
needs of the recipient within the initial 3 months. Thereafter disbursements are to be made only
on a reimbursement basis. The Chief Financial Officer, after consultation with the appropriations
committee, may advance funds beyond a 3-month requirement if it is determined to be consistent
with the intent of the approved operating budget.Any agreement that provides for advances may
contain a clause that permits the recipient to temporarily invest the proceeds,provided that any
interest income either be returned to the agency or applied against the agency's obligation to the
pay the contract amount. (Section 216.181, Florida Statutes) Specific cash management
requirements unique to a state project may be found in the laws,rules, and the provisions of
contracts or grant agreements pertaining to the project. For projects listed in the Compliance
Supplement, these specific requirements are in Part Four.
Exhibit I),Page 4 of 5
16G 1
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:438875-1-94-01
Contract Number:G0615
Original Agreement
Audit Objectives
1. Determine that cash management procedures are in accordance with Section 216.181,
Florida Statutes, and other laws, rules, and the provisions of contracts or grant
agreements pertaining to the state project.
2. Determine that interest income, when allowable, is correctly recorded and returned to the
state agency or applied against the contract or grant agreement.
Suggested Audit Procedures
1. Review reimbursement requests and trace to supporting documentation. Ensure that costs
for which reimbursement was requested were paid prior to the date of the reimbursement
request.
2. Determine whether any interest income was owed to the state agency and either remitted
to the agency or applied against amounts owed by the state agency.
MATCHING
Commercial Service arts
When no federal funding is available, the Department provides up to 50 percent of the project
costs. When federal funding is available, the Department can provide up to 50 percent of the
non-federal share.
General Aviation Airports
When no federal funding is available,the Department provides up to 80 percent of project costs.
When federal funding is available, the Department can provide up to 80 percent of the non-
federal share.
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on-
airport revenue-producing capital improvements. This program is for local match only.
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan
Program.
Exhibit D,Page 5 of 5