Backup Documents 09/26/2017 Item #16G6 +ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6G 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
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 <> q'a(0 1 17
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office
(kY Cliar)In
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,Admin,Airport Phone Number 642-7878 Ext. 34
Contact/ Department Authority
Agenda Date Item was FDOT Resolution&JPA G0051 for Agenda Item Number ✓/
Approved by the BCC everglades Seaplane Base / 1( (D
Type of Document C / Number of Original 2
Attached S `ate ` ►►►/// Documents Attached
PO or account number N/A
if document is to be P�^ ' �/ _ C
recorded 1 l�
INSTRUCTIONS & CHEC IST
Initial the Yes column or mark"N/A" in the Not Applicable column, ichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairma s original si ature?
2. Does the document need to be sent to an Theragency for additional signatures? If yes, See
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. Attached
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
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ti) (.2i
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 j Pa-r 0 i.r£
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
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 Accela. Dab
Some documents are time sensitive and require forwarding to Tallahassee within a certain cam`J
time frame or the BCC's actions are nullified. Be aware of deadlines!
8. The document was approved by the BCC on 9/ /17 d all changes made during
the meeting have been incorporated in the attach d ent. The County
Attorney's Office has reviewed the changes,if applicable.
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 the
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
16 (36
MEMORANDUM
Date: September 28, 2017
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Resolution 2017-160: Authorizing execution of JPA Contract
#G0051 with FDOT for the Seaplane Base Project at the
Everglades Airpark
Attached for further processing is the original copy of the document and one (1)
certified copy of the resolution, both referenced above, adopted the Collier County
Board of County Commissioners (Item #16G6) on Tuesday, September 26, 2017.
After the agreement has been signed by the appropriate parties, please return
a copy of the fully executed agreement to the Minutes and Records Department that
serves as Clerk to the Board, for the Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachments (1)
RESOLUTION NO. 2017
- 160 1 6G 6
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING EXECUTION OF JOINT
PARTICIPATION AGREEMENT (JPA) NUMBER G0051 WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT).
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 Section 14-60 of the Florida Administrative
Code, and Ordinance 2004-03.
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Florida, that:
1. Joint Participation Agreement (JPA) Number G0O51 to fund development of a
Seaplane Base at Everglades Airpark, Financial Management Number 441815-1-
94-01, attached, is hereby approved.
2. The Chairman of the Collier County Airport Authority, Penny Taylor, is
authorized to enter into, modify, or terminate JPA Number G0O51 with the
Florida Department of Transportation unless and until it may be specifically
rescinded.
3. This Resolution shall take effect immediately upon adoption.
Z+11
ADOPTED this1424h day of September 2017 after motion, second and majority vote in
favor of adoption.
ATTEST: .;. '` COLLIER COUNTY AIRPORT AUTHORITY,
COLLIER COUNTY, FLORIDA
DWIGHT E. BROcK,tlerk
By: ...A._ :.,1,, QC-1•
j -�.�uty Clerk By:
PENNY TA LOR
Attest as
to Chairman's CHAIRMAN
signature only.
Approved as to form and legality:
Agend -�A
Date
Jennifer A. Belpedio ` �GJ \ Date O�,..%�--�
Assistant County Attorney ��"" `U Rec'd
.eputr c411
16G6
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Financial Project Numberts): 010 FLAIR Category:o
(item-segment-phase-sequence) Fund: .-....____....._...-.__ g ry: 088719 -
441815-1-94-01 Function: 215 Object Code: 751000
Federal Number: N/A Org.Code: 55012020129
Contract Number: G0051 DUNS Number: 80-939-7102 Vendor No.: F596000558130 _
CFDA Number: N/A Agency DUNS No. 07-699-7790 CSFA Number: 55.004
Aviation
CFDA Title: N/A CSFA Title: Development Grams
THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day of
,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
an agency of the State of Florida, ("Department"), and Collier County Airport Authority, 2005 Mainsail Drive, Suite 1
Naples, Florida 34114("Agency"). The Department and Agency agree that all terms of this Agreement will be completed
on or before June 30,2020 and this Agreement will expire unless a time extension is provided in accordance with Section
16.00.
WITNESSETH:
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 to provide for the Department's participation in
the Seaplane Base Project at the Everglades Airpark
and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide
Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
1,10 Exhibits. A, B, C & D are attached and incorporated into this Agreement.
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2.00 Accomplishment of the Project:
2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a
sound, economical, and efficient manner,and in accordance with the provisions of this Agreement,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, 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 to and incorporated into this Agreement. The Department has the option to require an
activity report on a quarterly basis. The activity report will include details of the progress of the Project towards
corn pletion.
3.00 Total Project Cost.The total estimated cost of the Project is$100,000.00.This amount is based upon the estimate
summarized in Exhibit"B"attached to and incorporated into 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 Project Costs Participation and Eligibility:
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the
Project in the amount of$80,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost
shown in Exhibit"B", whichever is less.
4.11 Agency Participation (Non-State Sources). The Agency agrees to minimum participation, including
contingencies, in the Project in the amount of $20,000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s)of the total cost shown in Exhibit"B", whichever is more.
4.12 Federal Awards. The Agency, a non-federal entity, ❑ is ® is not a recipient of a federal award, as detailed in
Exhibit"B."
4.20 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;
c) 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" and "B") at the time appropriation
authority becomes available.
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4.30 Front End Funding. Front end funding ❑ is ® is not applicable. 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 4.10.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by
the Agency and approved by the Department.The Agency shall maintain said schedule of funding,carry out the Project,
and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved
schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of
funding may be revised by execution of a Supplemental Agreement between the Department and the Agency. The
Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's
contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's
Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this
Agreement and is approved by the Department's Comptroller.
5.20 Payment Provisions. Unless otherwise allowed, 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. Payment shall be made only after
receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the
Agency is unsatisfactory, the Department shal notify the Agency of the deficiency to be corrected, which correction shall
be made within a time-frame to be specified by the Department.The Agency shall, within sixty(60)days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency will address all issues
of Agreement non-performance, unacceptable performarce,failure to meet the minimum performance levels,deliverable
deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency
shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall oe
applied to the invoice for the then-current billing period. The retainage shall be withheld until the Agency resolves the
deficiency. If the deficiency is subsequently resolved,the Agency may bill the Department for the retained amount during
the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
6.00 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", 2 CFR Part 225, 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 a proper audit of costs. If any litigation, claim, or audit is
started before the 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.
6.20 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.
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6.30 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.
6.40 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,payrol s,
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.
6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
State financial assistance or limit the authority of any state agency inspector general,the State of Florida Auditor General,
or any other state official.The Agency shall comply with all audit and audit reporting requirements as specified below.
1. Federal Funded
a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit
Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff
and/or other procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits
when those findings pertain to Federal awards provided through the Department by this Agreement. By
entering into this Agreemert, the Agency agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department.The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department,
State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
b) The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F—Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this Agreement is subject to tie
following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in excess of
the threshold established by 2 CFR Part 200, Subpart F —Audit Requirements, the Agency
must have a Federal single or program-specific audit conducted for such fiscal year in
accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements. Exhibit
A, B, C &D to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F
—Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency
must consider all sources of Federal awards based on when the activity related to the Federal
award occurs, including the Federal award provided through the Department by this
Agreement. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements.An audit conducted by the State of Florida Auditor General in accordance with
the provisions of 2 CFR Part 200,Subpart F—Audit Requirements,will meet the requirements
of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements.
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iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200,
Subpart F—Audit Requirements, in Federal awards, the Agency is exempt from Federal audit
requirements for that fiscal year. However, the Agency must provide a single audit exemption
statement to the Department at FDOTSingleAudit aAdot.state.fl.us no later than nine months
after the end of the Agency's audit period for each applicable audit year. In the event the
Agency expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, the cost
of the audit must be paid from non-Federal resources(i.e., the cost of such an audit must be
paid from the Agency's resources obtained from other than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https'Uharvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part
200, Subpart F —Audit Requirements, within the earlier of 30 calendar days after receipt of
the auditor's report(s) or nine months after the end of the audit period. The FAC is the
repository of record for audits required by 2 CFR Part 200, Subpart F—Audit Requirements.
However,the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit(a dot.state.fl.us within the earlier of 30 calendar days after receipt of the
auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review
the Agency's audit reporting package, including corrective action plans and management
letters. to the extent necessary to determine whether timely and appropriate action on all
deficiencies has been taken pertaining to the Federal award provided through the Department
by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR
Part 200, Subpart F—Audit Requirements,the Department may impose additional conditions
to remedy noncompliance. If the Department determines that noncompliance cannot be
remedied by imposing additional conditions, the Department may take appropriate actions to
enforce compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agercy
or more severe enforcement action by the Department;
2. Disallow(deny both use of funds and any applicable matching credit for)all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and
Federal awarding agency regulations (or in the case of the Department, recommend
such a proceeding be initiated by the Federal awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records
including financial statements, the independent auditor's working papers and project records
as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
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vii. The Departments contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinaleAudit( dot.state fl.us
2. State Funded
a) In addition to reviews of audits conducted in accordance with Section 215.97,Florida Statutes,monitoring
procedures to monitor the Agencys use of state financial assistance may include but not be limited to on-
site visits by Department staff and/or other procedures including, reviewing any required performance
and financial reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance awarded
through the Department by this Agreement.By entering into this Agreement,the Agency agrees to comply
and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.
The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of
Florida Auditor General.
b) The Agency,a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
i. In the event the Agency meets the audit threshold requirements established by Section
215.97, Florida Statutes, the Agency must have a State single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable
rules of the Department of Financial Services; and Chapters 10.550 (local governmental
entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.Exhibit
A, B, C & D to this Agreement indicates state financial assistance awarded through the
Department by this Agreement needed by the Agency to further comply with the requirements
of Section 215.97, Florida Statutes. In determining the state financial assistance expended in
a fiscal year,the Agency shall consider all sources of state financial assistance,including state
financial assistance received from the Department by this Agreement, other state agencies
and other nonstate entities.State financial assistance does not include Federal direct or pass-
through awards and resources received by a nonstate entity for Federal program matching
requirements.
ii. In connection with the audit requirements, the Agency 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 Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state
single audit requirements of Section 215.97, Florida Statutes. However, the Agency must
provide a single audit exemption statement to the Department at
FDOTSingleAudit(tt�dot.state.fi.us no later than nine months after the end of the Agency's audit
period for each applicable audit year. In the event the Agency does not meet the audit
threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and
r-
3
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elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida
Statutes,the cost of the audit must be paid from the Agency's resources(i.e.,the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-
profit organizations), Rules of the Auditor General, copies of financial reporting packages
required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(a�dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email:flaudgen localgovt(a)aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required to be
submitted to the Department shall be submitted timely in accordance with Section 215.97,
Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
vi. The Agency, when submitting financial reporting packages to the Department for audits done
in accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Agency in correspondence accompanying the reporting
package.
vii. Upon receipt, and within six months, the Department will review the Agency's financial
reporting package, including corrective action plans and management letters, to the extent
necessary to determine whether timely and appropriate corrective action on all deficiencies
has been taken pertaining to the state financial assistance provided through the Department
by this Agreement. If the Agency fails to have an audit conducted consistent with Section
215.97, Florida Statutes, the Department may take appropriate corrective action to enforce
compliance.
viii. As a condition of receiving state financial assistance,the Agency shall permit the Department,
or its designee,DFS or the Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the
action is complete or the dispute is resolved.
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3. 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,or its designee,
DFS or State of Florida Auditor General access to such records upon request.The Agency shall ensure that
the audit working papers are made available to the Department, or its designee, DFS or State of Florida
Auditor General upon request for a period of five years from the date the audit report is issued unless extended
in writing by the Department.
6.60 Insurance. Execution of this 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 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 801 North Broadway Avenue,Bartow,FL, 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 Deliverables. 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. 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. 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 or the
criteria for evaluating successful completion as specified in Section 2.00 and Exhibit"A"has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section
112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
7.15 Property Acquisition. 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 of this Agreement,the Department will honor requests
for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this
Agreement, the Department may elect by notice in writing not to make a payment if:
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a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
b) There is any 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;
c) 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;
d) There has been any violation of the conflict of interest provisions contained in this Agreement;
e) The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement;or
f) 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 Project 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. If, after Project completion, 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 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 Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, 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.
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8.12 Access to Documents and Materials.The Department reserves the right to unilaterally cancel this Agreement for
refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119,
Florida Statutes,
9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Departments
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.
10.00 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 theretc. 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 7.20(c). 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 to this
Agreement 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, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172,
and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant
Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055,Florida Statutes,the Consultants'
Competitive Negotiation Act and the federal Brooks 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, Florida Statutes, is contingent on the Agency complying in full with the
provisions of Chapter 287.057, Florida Statutes.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, Florida Statutes. 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 7.20(c).
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that
DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
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with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts,entered pursuant to this Agreement.
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction
services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to
be paid from state-appropriated funds,then the Agency must comply with the requirements of Section 255.099(1), Florida
Statutes.
11.00 Restrictions, 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
employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not De
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 installation, construction,demolition, removal,
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 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 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 U.S.C. 3601, et seq.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age.
11.40 Americans with Disabilities Act of 1990(ADA). Execution of this 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 thereunder, 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.
a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of
any business entity.
b) 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
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Agency by any person who at any time during the immediately preceding two (2) years was an officer,
director or employee of the Agency.
c) 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.
11.60 Interest of Members of,or Delegates to, Congress or Legislature. 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 therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations.Execution of this 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 applicable
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 prejudice any right or remedy available to the Department with respect to
such breach or default.
12.40 Severability. 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, also,
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 thereof, perform any other act or do any other 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.
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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. The Agency must remit said proportional amount to the Department within one(1)year
after the official date of disposal.
12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify,
defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage,
cost, charge, 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, agents, or employees during the performance of the Agreement. Nothing in this
Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by
Section 768.28, Florida Statutes.
When the Department receives a notice of claim for damages that may have been caused by the Agency in tie
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. Tie
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 MC"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 "B"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 faciIi'y,
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:
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15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple
fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being
incurred. See Exhibit"B"for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible
for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing,
when funds are available.
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(1)year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated:
"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 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 June 30,2020. 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 Department prior to expiration of this Agreement. 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. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
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 in this Agreement 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 federally-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.
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If any funds other than federally-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 Agreement,the undersigned shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities," 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 subcontracts, sub-grants, 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 Agreement may be expended for lobbying the Legislature, the judicial
branch or a state agency.
20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following
time frames:
a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured
from the latter of the date the invoice is received or the date the goods or services are received, inspected, and
approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt
of a complete and accurate invoice.
b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to
Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency.
The 40 days are measured from the latter of the date the invoice is received or the date the goods or services
are received, inspected, and approved. Interest penalties of less than one (1)dollar will not be enforced unless
the Agency requests payment. Invoices that have to be returned to the Agency because of Agency preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until a prope-ly
completed invoice is provided to the Department.A Vendor Ombudsman has been established within DFS.The
duties of this individual include acting as an advocate for Agencies who may be experiencing problems in
obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-
5516.
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract
entered into pursuant to this Agreement:
a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic
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 in excess of the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
discriminatory vendor list 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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c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Agency.
d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,subcontract
or arrangement in connection with the Project or any property included or planned to be included in the
Project in which any member, officer or employee of the Agency or the locality during tenure or for two(2)
years thereafter has any interest,direct or indirect. If any such present or former member,officer or employee
involuntarily acquires or had acquired prior to the beginning of tenure any such interest,and if such interest
is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the
prohibition contained in this paragraph provided that any such present member, officer or employee shall
not participate in any action by the Agency or the locality relating to such contract, subcontract or
arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any
property included or planned to be included in any Project, and shall require its contractors to insert in each
of their subcontracts,the following provision:
"No member,officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal
depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
23.00 Employment Eligibility(Using E-Verify).Agency/Vendors/Contractors:
a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Agency during the term of the Agreement; and
b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant
to the Agreement 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 contractor or subcontractor during the
Agreement term.
24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to
incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
25.00 Maintenance of Project.The Agency agrees to maintain any project not on the State Highway System constructed
under this Agreement.
26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement,the
Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and
without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number
will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract
Tracking System (FACTS).
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY DEPARTMENT
Collier County Airport Authority
AGENCY NAME DEPARTMENT OF TRANSPORTATION
Pc.n �'o. C' John M. Kubler, P.E.
ee7
SIGNATORY RI ED OR TYPED} TITLE Director of Transportation Development
/ .4'
)5jl7
SIGNATURE ('+4( LEGAL REVIEW,DEPARTMENT OF TRANSPORTATION
G�nc�►e.nno.r See attached Encumbrance Form for date of
___..._.._._......._._.._..___.......__—_ Funding Approval by Comptroller
TITLE
Approved as to form and legality ATTEST:
> _1,_. DWI T E. BROOK, Mirk _
- Assistant County Attu{IL 0, \� By: w. . /,1 .,,/ ..4. .
Attest as to Chairman
signature only,
16G6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
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 referenced by the above Financial Project
Number.
PROJECT LOCATION: Everglades Airpark
PROJECT DESCRIPTION: Seaplane Base
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.50 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
"C„
COMPLIANCE WITH LAWS
The Vendor shall allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in
conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public
agency the Vendor shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the Department in order to perform the services being performed by the Vendor.
(2) Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed the cost
provided in chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Vendor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
Exhibit A,Page 1 of 4
16G6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
Original Agreement
records disclosure requirements. All records stored electronically must be provided to the
Department in a format that is compatible with the information technology systems of the
Department.
Failure by the Vendor to'grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the Department. The Vendor shall promptly provide the
Department with a copy of any request to inspect or copy public records in possession of the
Vendor and shall promptly provide the Department a copy of the Vendor's response to each such
request.
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.mvfloridacfq.comtaadiridocs/Con tractandGrantManagernentUserGuide.pdf
Phased Airport Project: An Aviation Development Project already under a Joint Participation
Agreement (JPA), where additional funding may be allocated or project funding shares revised
by the Department in subsequent fiscal years or Work Program Development cycles up to the
allowed maximum Department share for the final project cost.
Narrative The purpose of this project is to conduct an environmental assessment,
design,permit,and construct a seaplane ramp, associated taxiway
extension, and landing area in the waters adjacent to the Everglades
A irpark.
Justification The Airport Authority was approached by Salt Island Seaplanes of
Naples with their intention to establish a (privately funded) seaplane
sales and maintenance facility/hangar at the Everglades Airpark. In
addition to the economic benefit of this business expansion in an
economically distressed community, the airport will likely see the direct
financial benefit of increased aircraft operations and fuel sales from
Exhibit A,Page 2 of 4
1 6 G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
other seaplane operators. Given the geographic location of the airport
and distance from other seaplane facilities in the state, the construction
of a seaplane base will have a positive effect on the airport and
community of Everglades City.
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 be 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 3 of 4
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number: G0051
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 4 of 4
16G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
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 referenced by the above Financial Project
Number.
Expiration Date: June 30,2020
Project funds are programmed in the Department's Work Program in the following fiscal year(s):
FY 2018
State Funding(DPTO) $ 80,000.00
Local Funding(LF) $ 20,000.00
Total $100,000.00
Project years may be advanced or deferred subject to Legislative appropriation or availability of
funds.
State funds programmed on this project must be expended by the expiration date and an invoice
for their reimbursement to the agency submitted to the Department within 120 days of the
expiration date.
Funds that become five years old prior to the expiration of the agreement will not be retained in
the Departments Work Program. Any expenditures not invoiced for reimbursement prior to May
1st of the fifth year of such funds will be forfeited by the agency.
It is expected that work will begin within 90 days of the execution date of this agreement and
invoicing shall occur at a minimum of every 12 months to avoid project deletion.
Exhibit B,Page 1 of 1
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
Original Agreement
EXHIBIT "C"
AVIATION PROJECT REQUIREMENTS & PROGRAM ASSURANCES
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 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.
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
Exhibit C,Page 1 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
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(latest version of each document):
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 73C-41, FAC, Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments
• 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
• Eight Steps to Building a New Airport
• Florida Airport Revenue Use Guide
Exhibit C,Page 2 of 15
16G6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
Original Agreement
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Airport Compatible Land Use Guidebook
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
• FAA AC 150/5370-2,Operational Safety on Airports During Construction
• FAA AC 150/5370-10, Standards for Specifying Construction of Airports
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
• Design Guidelines&Minimum Standard Requirements for T-Hangar Projects
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
Exhibit C,Page 3 of 15
Vi'''a
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number: G0O51
Original Agreement
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act Implementing
Instructions for Airport Projects
• 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 2 CFR Part 200, Uniform
Exhibit C,Page 4 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards and Section 215.97,F.S.,Florida Single Audit Act.
c. The Department has the right to audit and inspect all financial records of the airport
upon reasonable notice.
2. Good Title
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.
Exhibit C,Page 5 of 15
1 66 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number: G0O51
Original Agreement
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.
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.
Exhibit C,Page 6 of 15
�b,
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:(30051
Original Agreement
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 Department.
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
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 Florida Aviation Database (FAD) Joint Automated Capital Improvement
Program(JACIP)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
market value.
11. 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,
Exhibit C,Page 7 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
Original Agreement
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. The price charged for said lease will be based on market value, unless otherwise
approved by the Department.
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.
Exhibit C,Page 8 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
(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
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.
17. 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.
Exhibit C,Page 9 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
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.
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
For all planning projects 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 information 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.
Exhibit C,Page 10 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original 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 format, 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).
f. The Agency understands and agrees that Department 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
For 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.
Exhibit C,Page 11 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
(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.
(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 due in order
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 the disposal of real property the Agency assures that it will
comply with the following:
Exhibit C,Page 12 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0051
Original Agreement
(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 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) Revenues from the sale of such land must be accounted for as outlined in Section
D.2., and expended as outlined in Section D.9.
(5) 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.
(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 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 Department for State of Florida licensing as a public-use airport.
(3) Completed construction complies with all applicable local building codes.
Exhibit C,Page 13 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:G0O51
Original Agreement
(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:
(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.
Exhibit C,Page 14 of 15
1 6G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:00051
Original Agreement
(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.
Exhibit C,Page 15 of 15
16G 6
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number:00051
Original Agreement
EXHIBIT"D"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
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 referenced by the above Financial Project Number.
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Awarding Florida Department of Transportation
Agency:
State Project AVIATION DEVELOPMENT GRANTS
Title:
CSFA Number: 55.004
*Award Amount: $80,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.004 is provided at:
haps://app s fld fs.comifsaalsearchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
hap s_`iapps.fldfs.coal saa/search Compliance.aspx
The State Projects Compliance Supplement is provided at:
hilpsJiapps_fldfs.com fsaa compiiance.aspx
Exhibit D,Pagel of 1
1666
Collier County
Collier County Airport Authority
Everglades Airpark
Financial Project Number:441815-1-94-01
Contract Number: 00051
Original Agreement
EXHIBIT "D"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
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 referenced by the above Financial Project Number.
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Awarding Florida Department of Transportation
Agency:
State Project AVIATION DEVELOPMENT GRANTS
Title:
CSFA Number: 55.004
*Award Amount: $80,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.004 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.as_px
The State Projects Compliance Supplement is provided at:
https://apps.fldfs.com/fsaa/compliance.aspx
Exhibit D,Page 1 of 1
16G6 .1
RESOLUTION NO.2017- 16 0
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING EXECUTION OF JOINT
PARTICIPATION AGREEMENT (JPA) NUMBER G0O51 WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT).
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 Section 14-60 of the Florida Administrative
Code,and Ordinance 2004-03.
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Florida,that:
1. Joint Participation Agreement (JPA) Number G0051 to fund development of a
Seaplane Base at Everglades Airpark, Financial Management Number 441815-1-
94-01,attached,is hereby approved.
2. The Chairman of the Collier County Airport Authority, Penny Taylor, is
authorized to enter into, modify, or terminate JPA Number G0051 with the
Florida Department of Transportation unless and until it may be specifically
rescinded.
3. This Resolution shall take effect immediately upon adoption.
2.104-in
ADOPTED this4+day of September 2017 after motion,second and majority vote in
favor of adoption.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
COLLIER COUNTY,FLORIDA
DWIGHT E.BROcK,Clerk
7'
By: NAIL - •,' QC-'.
/,IP t uty Clerk By: -414;
Attest as to Chairman'sPENNY TA LOR
signature only. CHAIRMAN
Approved as to form and legality: State of Florida
County of COLLIER
..
\ Cj�-'�1, i /\ I HEREBY CERTIFY-THAT this Is a true and
J -.; correct copy of a docuniery on file in
Jennifer A. Belpedio Board Minutee and Record4'vf Collier County
Assistant County Attorneys c my h' ffic' seal this
ayof tloci
DWIGHT E.BROCK,CLE 14 OF COURTS
r
c. % D.C._. ___ ir,%;,?
3
16G6
To:Wendy.Sands@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G0051
8/7/2017
CONTRACT INFORMATION
on G0051
.ntract Type: GD-GRANT DISBURSEMENT(GRANT)
ethod of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
v ender Name: COLLIER COUNTY AIRPORT
•endorID: F596000558130
•inning Date of This Agreement 08/03/2017
•ndlng Date of This Agreement: 06/30/2020
ontract Total/Budgetary Ceiling: ct=$80,000.00
• scri.•on: EVERGLADES AIRPARK SEAPLANE BASE DESIGN AND CONSTRUCT
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 8/7/2017
Original
eviewed or Approved: APPROVED
rganization Code: {55012020129
'Tension Option: A8
A.jest Code: 751000
"mount $80,000.00
inandal Project: 44181519401
ork Activity(FCT): 215
°FDA
,iscal Year. 2018
udget Entity: 55100100
tegorylCategory Year: 088719/18
ndment ID: 0001
Sequence: 00
User Assigned ID:
ncLine(6sy$tatus: 0001/04 •
Total Amount: $80,000.00
Pagel of 1