Backup Documents 04/12-13/2011 Item #16G 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII1, 6 G 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim on pink paper. Atlach to original document. Origin<Jl documents should he hand delivered l(llhc Board Office. The completed rouling slip and original
documents arc to be forwarded to the Board OfliCl' only uftcr the )3()anl has takL'll ac1ioll on lilt' item.:
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signalllrcs, d<Jtcs, and/or information needed. If the document is already complete with the
excention of the Chairman's si~nature, draw a line throu!rh muting lines # I thnlUQh #4, comnlete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office I ni tials Date
(List in routin" order)
I.
2,
3,
4, Jeff A. Klatzkow County Attorney
5, Ian Mitchell, BCC Office Board of County Commissioners ~ 4!f5/U
Supervisor
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is thl: person who created/prepared the executive
summary. Primary contact information is needed in the event olle of the addressees ahovc. indudmg Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signatufe afC to be delivered to the Bee officc only after the Bee has acted to approve the
item.)
Name of Primary Staff Debbie Brueggeman Phone Number (239) 642-7878 Ext. 34
Contact
Agenda Date Item was April 12, 2011 Agenda Item Number 16G2
A rovcd b the BCC
Type of Document Number of Original 6
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Nol
a ro riate, (Initial) A licahlc)
I. Original document has becn signcdlinilialcd for legal sufficiency. (All documents to be
signed by the Chairman, with the: exception of most lellers. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages fWIll ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have hecn fully executed by all parties e,xccpt the BCC
Chairman and Clerk to the Board and nsslbl Statc Officials,)
2, All handwritten strikc~through and revisions have been initialed by the COllnty Attorney's (" N/A
Office and all other )arties excc t the Bee Chairman and the Clerk to the Board ,Iv
3, The Chairman's signature line date has been e:ntered as the d,lte of Bee approval of the \0P
document or the final neuotiated contract date whichever is a) licable.
4, "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's \"j.
si rnature and initials are re uired. ,,-
5, In most cases (some contracts arc an exception), the original document and this routing slip " N/A
should be provided to Ian Mithl.:hell in the Bee office within 24 hours of Bee approvaL t\
(~, /
Some documents are time sensitive and require forwarding to Tallahassce within a certain \!
time frame or the Bee's actions are nullified. Be aware of our deadlincs!
6, The document was approved by the nee on 4/12/11 ,~(entcr date) and all (jJ
changes made durin~ the meeting have heen incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan cs, if a licable.
J: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slir WWS Original'.}.03.04, Rc\ised 1.26.05, Revised 2.24.05. Revised 9.IH.O'.)
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16G 2
MEMORANDUM
Date: April 18, 2011
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Resolution 2011-66
Resolution for MJPA 2011-A
Attached are five (5) originals and one (I) certified copy of the resolution, as
referenced above, (Agenda Item #16G2) approved by the Board of County
Commissioners on Tuesday, April 12, 2011.
An original is being kept by the Minutes & Records Department so that it is
a part of the Board's Official Records.
If you have any questions, you may contact me at 252-7240,
Thank you
'_.'''~--'--'---'._'-'-'-'-'--_.'-" __.__,.,_,,_,.__._.___0'.__.__
----.-----
/ 166 2
,
RESOLUTION NO. 2011- I
/
RESOLUTION OF THE COLLIER COUNTY AI~O AUTHO~
APPROVING AND AUTHORIZING THE EXECUTION 0 THE ATTAC D
MASTER JOINT PARTICIPATION AGREEMENT NU HER 2011-A TH
THE FLORIDA DEPARTMENT OF TRANSPORTATI ,;
I J
//
l' ,J
WHEREAS, the Collier County Airport Authority}'ias the aUthOri~' enter into the
attached agreement with the Florida Department of TranSportation to und li:ake projects as
authorized by Chapter 332, Florida Statutes, and Section 14-60 of the Flori a Administrative
Code, and Ordinance 2004-03, as amended. '
/
NOW, THEREFORE, BE IT RESOLVED 0/ TIIE Collier Co~nty Airport Authority,
Collier County, Collier County, Florida, that: ,I /
/' ,)
, ,
1. MJP A Number 20ll-A, attached hfeto, is hereby app/~ved,
,; f
2, The Chairman of the COI~ier County Airport ~~thority, Fred W, Coyle, is
authorized to enter into, mod' y or terminate theMJPA Number 20ll-A with the
Flor~da Department of Tra portation unless }nd until it may be specifically
rescmded, ! ,;
/
3. This Resolution shall taJ<e effect immediatelJ{upon adoption,
,I
!
ADOPTED this I2l!! dij<Y of April 2011 after motion, second and majority vote in
favor of adoption, I
ATIEST: / COA,IER COUNTY AIRPORT AUTHORITY,
j qbLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, )'Clerk ;'
" /
By: I /
. Deputy O? / By:
01 /1 FRED W. COYLE, Chairman
Approved to form and legal su~ciency: ~ .
i" Item# ~
I
I
. '/' Agenda
Date
/ Date _____
C: \Documents and Settings\JeachscottILocal SeningslTemporary internet FileslConlenl. Oulloolc\G IX7H3PL \Bee Master Joint
Participation Agreement- MJPA 201 I-A Apri12011,docx I
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16G 2
RESOLUTION NO. 2011-~_
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED
MASTER JOINT PARTICIPATION AGREEMENT NUMBER 2011-A WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Collier County Airport Authority has the authority to enter into the
attached agreement with the Florida Department of Transportation to undertake projects as
authorized by Chapter 332, Florida Statutes, and 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, Collier County, Florida, that:
1. MJPA Number 2011-A, attached hereto, is hereby approved,
2, The Chairman of the Collier County Airport Authority, Fred W, Coyle, is
authorized to enter into, modify or terminate the MJPA Number 2011-A with the
Florida Department of Transportation unless and until it may be specifically
rescinded,
3, This Resolution shall take effect immediately upon adoption,
ADOPTED this 12lh day of April 2011 after motion, second and majority vote in
favor of adoption,
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
~-,,'I'>:~'t:'" " COLLIER COUNTY, FLORIDA
IqHTE',"gR~I\, Clerk
'-1L~1L L,) ,
By: {' '1
\.,~:\ X<;.,
- Deputy Clt\rk~ ,
By:
,,_.01 FRED W, COYLE, Chairman
......i~
d legal sufficiency: Item # \t.p G 2-
Agenda~
Date I
0 , ounty Attorney 1511\
,
Y:\Adminisfmlioll\BCC\Rcsollltillll.l'\FDOl\HCC Master Join! Porlicipatirlll Agref'lIll'llt- M.lPA 20/ I-A April 2{)1 i.docx
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP} 6 G 2
TO ACCOMPANY ALL ORIGINAL DOClIMENTS SENT TO'
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print 00 pink paper. AU:ICh to original document, Original documents should hie' hand delivered Ie the Board Office Illl' completed routing slip and original
documents arc to he forwarded 10 the Hoard Orrin: only after (he Board h:1S taken actioll on the i1eHl,)
ROUTING SLIP
Complck routing lines #1 through #4 as appropriate for addilionul signatures, dates, anti/or in[orlilUlion needed. If Ihe document is already complete with the
exception of the Chairman's signature, draw a line through fOlllio' lines # 1 throul!h #4, cOJ\1Dlelc the checklist, and forward 10 Sue- Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
L
2,
3,
4, Jeff A Klatzkow County Attorney
5, Ian Mitchell, BCC Office Board of County Commissioners ",,c,,,- 111~ II
Supervisor
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INI<'ORMATION
(The primary -:ontacl is the holder Llr the original document pl:nding Bee approval. Normally the plimary contacl is the person who created/prepared the executive
summary. Primary contact information is needed in the l'venl one \)f the addre~sees ahove, including Sue Filson, need to contact staff for additional Of missing
information. All original documents needing the Bee Chuinnan's si);llatun: are to ht~ delivered Ie the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Dcbhil: Brueggeman Phone Number (239) 642~7878 ExL 34
Contact
Agenda Date Item was April 12, 2011 Agenda Hem Number 16G2
Approved hy the BCC
Type of Document Agreement IFDOT - MJPA 2011~A Number or Original 4
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
a ro riate. (Initial) A licable)
I. Original document has been signedlinitialed for legal sufficiency. (All documents to he
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signalure pages fnnn ordinances,
resolutions, ele. signed by the County Attorney's Office and signature p;tges from
contracts. agreements, etc. lh~H have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and )()ssihl 'State Officials.)
2. All handwritten strike-through and revisiolls have heen initiakd by the County Attorney's \P N/A
OHice and all other }arties exec 1t the Bee Chainnan and lhe Clerk to the Board
3, The Chairman's signature line date has heen entered as the date ofBCC approval orthe VJ7
document or the final ne 'otialed contract dale whichever is a Iicahlc.
4. "Sign here" labs arc placed on the appropriate pages indicating where the Chairman's
si nature and initials arc re uired. i'--'
5. In most cases (some contracts arc an exception), the origillill document and this routing slip , 1) N/A
should be provided to Ian Mithchell in the Bee office within 24 hours (\f Bee approval. \\)
Some documents arc time sensitive and require forwarding 10 Tallahassee within a certain tv.
lime frame or the Bee's actions arc llullified. Be aware of our deadlines!
6. The document was approved by the nee on 4/12111 (enter date) and all (~
changes made during: the meeting have heen incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan cs, if a Iieable. '1-..
I: Forms! County Forms! Bee Furms/ Original [)o<:ull1cllls ]{uuling Slip WWS Origin<ll 9.0\.04. I{cvised 1.26.05, Revised 2.24.05. Revised (). UUJ9
l&G /2.
MEMORANDUM
Date: April 20, 2011
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: FDOT Master Joint Participation Agreement (MJPA)
CSF A #55004 - Immokalee Airport
Attached are four (4) original MJPA's, as referenced above, (Agenda Item
#16G2) approved by the Board of County Commissioners on Tuesday, April
12, 2011.
Please forward a fully executed original to the Minutes & Records
Department where it will be kept as part of the Board's Official Records.
If you have any questions, you may contact me at 252-7240.
Thank you
,__ ~__ u_._"._.._.____..' ..."..._-_._-~----_.._...- -....- ..-
16G 2 \
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725.-030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT 02111
Page 1 of14
Financial Project No(s): Fund 010 FLAIR 088719
(item-segment-phase-sequence) Function 215 750004
See Exhibit "A" Object Code:
Federal No. N/A Or9. Code 55012020129
Contract No.. See Exhibit "8" DUNS No.: 076997790 Vendor No. F596000558004
CFDA Number: N/A CSFA Number 55004
THIS 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,
hereinafter referred to as the Department, and Collier County Airport Authority
2005 Mainsail Drive, Suite 1, Naples, Florida 34114
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before See Exhibit "8" and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSET H
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafler 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(6)
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 a Master Joint Participation Agreement whereby the Department shall participate in multiple avaition projects
at Everglades, Immokalee, and Marco Island Airports, (which Agreement shall be identified as Master Joint Participation
Agreement 2011-A)
and as further described in Exhibit(s) A, 8, C, D, & F _ attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to prOVide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
~_._-,- ~..,'",..---,~--- .._-~--_._-
loG 2
725-030-06
PUBLIC TRANSPORTATION
02/11
Page2of14
2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws,
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisrte under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the A gency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project,
2.40 Submission of Proceedings. Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof
3.00 Project Cost: The total estimated cost of the project is $ See Exhibit "8" , This amount
is based upon the estimate summarized in Exhibrt "8" attached hereto and by this reference made a part hereof this
Agreement The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ See Exhibit "8" as detailed in Exhibit "8", or in an amount equal to the
percentage(s) of total cost shown in Exhibit "8", whichever is less,
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Departments appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 17,00 of this Agreement;
(c) Approvai of all plans, specifications, contracts or other obiigating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & 8) at the time appropriation authority
becomes available,
4.20 Front End Fu nding: Front end funding 0 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 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the
Departments total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
".- .. ---.---., '-',..,..._~--,,-
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166 2
725-O3().06
PUBLIC TRANSPORTATION
02111
6.00 Project Budget and Payment Provisions: Page3of14
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective uniess it complies with fund participation requirements established in Section 4,00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4,20, 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.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project accounf', Documentation of the project
account shall be made available to the Department upon request any time during the periOd of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices. contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges,
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn, All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement
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16G 2
72S-03Q.06
PUBliC TRANSPORTATION
02111
Page40114
7,61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section
215,97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief FinanCIal Officer (CFO) or Auditor General.
7,62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-1 33 and a recipient of federal funds, the following annual audit criteria will apply:
1. I n the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audrt conducted in accordance with the provisions of OMS Circular A-133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement In
determining the Federal awards expended in rts fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part,
2, I n connection with the audrt requirements addressed in Part i, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3, If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A-133, is not required, If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities,
4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. I n the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215,97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
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.
2, I n connection with the audrt requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a financial
reporting package as defined by Section 215.97(2){e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3, If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audrt must be paid from the recipient's resources obtained from nonstate
entities.
4, State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it
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J6G 2
72S-03Q.06
PUBLIC TRANSPORTATION
02/11
Page 50f14
Part III Other Audit Requirements
1, The Agency shall follow-up and take corrective action on audit findings, Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit
findings require corrective action and status of findings,
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved, Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submis sian
1, Copies of reporting packages for a udits conducted in accordance with OM S Circular A-133, as revised, and required
by Section 7,62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133,
by or on behalf of the recipient directly to each of the following:
A, The Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33830
R The number of copies required by Sections .320 (d)(l) and (2), OMS Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMS Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7,62 Part I of this Agreement and
conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section ,320 (e)(2), OMS Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipienfs audited schedule of expenditures of Federal awards
directly to each of the following:
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33830
In addition, pursuant to Section .320 (I), OMS Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section ,320 (c), OMS Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33830
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow. Florida 33830
B The Auditor General's Office at the following address:
Audrtor Generars Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4, Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient direcUy to:
A. The Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33830
5, Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215,97, Florida Statutes, and
Chapter 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable,
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at ieast five years from the date the audit report is issued, and shall allow the Department
or its designee, the CFO or Auditor General access to such records upon request The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audrt report is issued, unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made,
Copies of these documents and records shall be fumished to the Department upon request. Records of costs incurred
include the Participanfs general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs,
7.64 Other Requirements: If an audrt discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary, The Agency shall take
timely and appropriate corrective action to any audrt findings, recommendations, and corrective action plans.
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7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities, In the event of the loss of such equipment or
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. In the event this Agreement is for purchase of land or for the construction of
infrastructure such as airport runways the Department may waive or modify this section.
8.00 Requisitions and Payments:
8.10 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, Fiorida , 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 7.10 hereof) to Justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereot
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F,S,
The Department may establish rates lower than the maximum provided in Chapter 112,061, F.S,
8.13 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 wijh 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.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisijions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation wijh 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;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expendijures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B,"
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
or services received under a contract or other arrangements which have not been approved in writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 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.
9.00 Tennination or Suspension of Proj ect:
9.10 Tennination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8,26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal. the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all ofthe 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) fumish 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.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F,S, and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit. and shall require its contractors to permit the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
,...,.....,..--> -_.._------.~---~...~.. _...~
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S" Co nsultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department In the Consultant Selection Process for all contracts, In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act,
12.30 Disadvantaged Business Enterprise (DBE) Policy
12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts,
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its D BE program or the requirements of 49 CFR part
26, The reCipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, The recipient's DBE program, as required by 49 CFR part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
faiiure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U's,C, 1001 andlor the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. 3801 et seq.)
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency,
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 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 be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor 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.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint PartiCipation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U,S.C. 2000d, et. seq,), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civ iI Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibrts discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
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13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C, 12102, et
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Inte rests; 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 office~s, director's
or employee's spouse or child, or any combination of them, has a material interest
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project. with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency,
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government. or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any 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 therewrth.
14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency,
14.30 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
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected, In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law,
14.50 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.
14.60 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,
"'-'-"--~._'-"^~'-'" ~ ----~-------"
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14.70 Use and Maintenance of Project Facilities and Equipme nt: 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
14.71 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.
14.80 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.
14.90 Contractual Indemnity: To the extent provided by law, 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
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim, After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section, The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency,
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations conceming any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17,00 Appropriation of Funds:
17,10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
'"-~'-'-'--"'"'" ".,"-~.,~... ,..----.. ---",~.,._~_.."."
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17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a}, F.S" are hereby incorporated: '.(a) The Department,
during any fiscal year, shall not expend money, incur any liability. or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract, The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
See Exhibit "8" 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
District Secretary or designee Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated,
18.10 Final Invoice: The Agency must submrt the final invoice on this project to the Department within 120 days
after the expiration of this Agreement
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 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
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation. renewal, amendment or modification of any
federal contract, grant. loan or cooperative agreement
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement. the
undersigned shall complete and submit Standard Form-LLL, ..Disclosure Form to Report Lobbying:' in accordance with
its instructions,
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise,
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215A22(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers. as defined by rule, Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a property completed invoice is provided to the
Department
A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department The Vendor Ombudsman may be contacted at (850) 413-5516,
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity.
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor.
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list
24.00 Discrimination: 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.
25.00 E-Verify: The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment eligibility of;
1. all persons employed by the Agency during the term of the Contract to perform employment duties within
Florida; and
2, all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with
the Department
,.... .__.._.._.~-_.__..... ..---. ._._._,~
16 G 725.026
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Financial Project No, See Exhibit A
Contract No. See Exhibit B
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FDOT
Collier Countv Airoort Authority See attached Encumbrance Form for date of
AGENCY NAME Funding Approval by Comptroller
Fred W, Covle
SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
~
SIGNATURE DEPARTMENT OF TRANSPORTATION
Chairman Director of Transoortation Develooment
TITLE TITLE
ATTEST:
DWIGHT T. 8flOCK, Clerk
-
Jeff A, ounty Attorney
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166 2
EXHIBIT" A"
PROJECTS INCLUDED
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County Airport Authority. 2003 Mainsail
Drive. Naples. Florida 34114
dated
This master Joint Participation Agreement governs multiple projects that are individually identified
by Financial Project Management Number (FM Number) as set forth below. The contract number,
description, budget, original JP A execution date, and expiration date for each project are fully set
forth in Exhibit B hereafter. All terms and conditions of the Agreement apply to and govern each
project individually. When projects are to be added to or removed from this Agreement, such
changes shall be accomplished by the execution of a new master Joint Participation Agreement
between the Department and the Agency.
F.M. Number Brief Description Budl!:et Pal!:e Index
No New Projects Being Added
Page 101'2
----,.--'-"-" -' ---,-~. ,".~_._--- --'- ----~.......- -_..~'.- __.._~_.~_~...,.,,~._.n__^'~__~'"
16G I 2
EXISTING PROJECTS INCORPORATED
This master Joint Participation Agreement hereby incorporates certain projects, as detailed below,
which are presently funded by existing Joint Participation Agreements between the Department and
the Agency, Upon execution, this Agreement shall replace the existing Joint Participation Agreement
for such projects. All terms. conditions, obligations, rights, responsibilities, and requirements of this
Agreement replace those defined by the existing Joint Participation Agreement for such projects.
Department approval for all contracts, change orders, third party agreements, and other similar
documentation previously issued for such projects is hereby transferred to this agreement, as if issued
under this Agreement.
F.M. Number Brief Description Bud!!:et Pa!!:e Index
IMMOKALEE AIRPORT
41429819401 Rehab Runway Lights 18/36 Page 2 of 4, Exhibit B
MARCO ISLAND AIRPORT
410788 1 9401 Surcharge/Const. of Taxiway & Apron Page 3 of 4, Exhibit B
414299 19401 Taxiway and Apron Page 4 of 4, Exhibit B
Page 2 of2
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16Glt2
EXHIBIT "B"
PROJECT BUDGETS
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida. Department of Transportation and Collier County Airport Authority. 2003 Mainsail
Drive. Naples. Florida 34114
dated
This master Joint Participation Agreement governs the projects identified on Exhibit A of this
Agreement. The Financial Project Management Number (FM Number), contract number,
description, budget, original JP A execution date, and expiration date for each project governed by
this Agreement are set forth in this Exhibit B,
Any other provision of this Agreement notwithstanding, the expiration or termination of this
Agreement as to any project or projects shall not cause the Agreement to expire or be terminated as
to other projects governed by this Agreement.
Unless otherwise expressly stated, all projects identified herein include design, engineering,
administration, construction, installation, and purchasing costs, as applicable to the project scope.
Such costs are eligible for Department participation and reimbursement.
Page I of4
-".-- --,,-_._..-._~-,,---_.....,~'-'- , -"""'--'-' ~'~--'.- '. ------._~~-._~~"~... -,-..-----,-.,
16G~2
PROJECT BUDGET
IMMOKALEE AIRPORT
FM Number: 41429819401
Contract Number: AOV99
Original JPA Date: June 17,2008
Expiration Date: July I, 2013
Supplemental Agreement No. One
REHABILITATE LIGHTS AND HOMERUN CABLE ON RUNWAY 18/36,
REPLACE ROTATING BEACON AND FAULTY
CONNECTORSffRANSFORMERS FOR T AXlW A Y A
I. PROJECT COST $ 262,500
II. PARTICIPATION:
Agency Participation ( 20 %) $52,500
Maximum Department Participation ( 80%) $210,000
TOTAL PROJECT COST $ 262,500
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 07/08 $140,000 FY JOII I $70,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
State funds programmed on this project must be expended and an invoice for their
reimbursement to the agency submitted to the Department by the following dates:
FY 07/08 funds by May 1,2013 FY 10/11 funds by May 1, 2016
Such funds which are not expended and invoiced by the dates indicated shall be
forfeited by the agency. Im'oices must be submitted at a minimum of every 24 months
or the project funds are subject to deletion.
Page 2 of 4
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16 G 2
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 410788 ]9401
Contract Number: AOF09
Original JP A Date: June 30, 2006
Expiration Date: July], 20]]
SURCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON
I. PROJECT COST $ 570,000
]1. PARTICIPATION:
Agency Participation ( 20%) $] 14,000
Maximum Department Participation ( 80%) $ 456,000
TOT AI. PROJECT COST $ 570,000
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 05/06 456,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
State funds programmed on this project must he expended and an invoice for their
reimbursement to the agency submitted to the Department by the following dates:
FY 05/06 funds by May 1,2011
Such funds which are not expended and invoiced by the dates indicated shall be
forfeited by the agency. Invoices must be submitted at a minimum of every 24 months
or the project funds are subject to deletion.
Page 3 of 4
..... -_"_~'_'''''~'----''---- .---. "-"~-"'--- _....,.".~._-,',,*.,~--_.- .._.,...~-~--_.,-~'._-~_."'_...__.
16 G.' 2
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 414299 ]940]
Contract Number: AOR09
Original JPA Date: June] 7,2009
Expiration Date: July 1,2013
SURCHARGE AND CONSTRUCTION OF l' AXIW A Y AND APRON
I. PROJECT COST: $600,000
II. PARTICIPATION:
Agency Participation ( 20%) $]20,000
Maximum Department Participation, ( 80%) $480,000
TOTAL PROJECT COST $600,000
111. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following
fiscal year(s):
FY 07/08 $280,000 FY 08/09 $200,000
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
State funds programmed on this project must be expended and an invoice for their
reimbursement to the agency submitted to the Department by the following dates:
FY 07/08 funds by May 1,2013 FY 08/09 funds by May 1,2014
Such funds which are not expended and invoiced by the dates indicated shall be
forfeited by the agency. Invoices must be submitted at a minimum of every 24 months
or the project funds are subject to deletion.
Page 401'4
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16 G 2
Page 1 of 11
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 Collier County Airoort Authority, 2003 Mainsail Drive, Naples. Florida 34114
dated
A. General
I, 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 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. AgenC)' Compliance Certification
I. General Certification: The Agency hereby certilies, with respect to this project, it will comply, within
its authority, with all applicable, current laws and rules of the State of Florida and local government. as well
as Department policies, guidelines, and requirements. including but not limited to the following:
a. Florida Statutes (F.S.)
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. 16 G 2
Page 2 of 11
. 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 (F AC)
. Chapter 9J-5, F AC. Review of Comprehensive Plans and Determination of Compliance
. Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection
. Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports
. Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
. Airport Zoning Ordinance
. Local Comprehensive Plan
d. Department Requirements
. Eight Steps to Building a New Airport
. Florida Airport Financial Resource Guide
. Florida Aviation Project Handbook
. Guidebook for Airport Master Planning
. Guidelines for Plan Development
2. Construction Certification: The Agency hereby certifies, with respect to a construction-related
project, that all design plans and specifications will comply with applicable federal, state, local, and
professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and
FAA issued waivers thereto, including but not limited to the following:
a. Federal Requirements
. FAA AC 70/7460-1, Obstruction Marking and Lighting
. FAA AC 150/5300-13, Airport Design
b, Local Government Requirements
. Local Building Codes
. Local Zoning Codes
c. Department Requirements
. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways (Commonly Referred to as the "Florida Green Book")
. Manual on Uniform Traffic Control Devices
. Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports"
._...,,~- .~.__., ,._'..~-~.-. ---'--~-'~"'-'--' "--~._..--_._--"--
16G 2
Page3ofl1
. Standard Specifications for Construction of General Aviation Airports
, Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will
~. comply with applicable federal and state policies. regulations, and laws. including but not limited to the
following:
a. Federal Requirements
. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
. National Environmental Policy of 1969
. FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport
Projects
. FAA Order 5100.3 7B, 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 28623, 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 certities, 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
etfective audit in accordance with the Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport upon reasonable
notice.
-, 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,
-~~'>'~--"-- ~----------'._.'-~~-" - -,~<-,,--,--.
16G 2
Page 4of11
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
wTitten approval of the Department. Further, it will act promptly to acquire, extinguish, or modifY, in a
manner acceptable to the Department, any outstanding rights or claims of right of others which would
interfere with such performance by the Agency.
b, If an arrangement is made for management and operation of the airport by any entity or person other
than the Agency or an employee of the Agency. the Agency will reserve sufficient rights and authority
to ensure that the airport will be operated and maintained in accordance with the terms and assurances of
this Agreement
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal
airspace required for instrument and visual operations at the airport (including established minimum
flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction
with the governing public authority or private land owner of the property to clear and protect terminal
airspace required for instrument and visual operations at the airport (including established minimum
flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation of future airport hazards. The Agency
may enter into an agreement with surrounding property owners or pursue available legal remedies to
remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section
333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure
local government adoption of an airport zoning ordinance or interlocal agreement with another local
government body having an airport zoning ordinance, consistent with the provisions of Section 333.03,
F.S.
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 atTect 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 atTected by the project.
_ ~,_..~.___.n~__._"O_ ,.."-.-. .- .- ...~._.~_...~,"-,_.._.-.~ -~_._~-~-~
16G 2
Page 5 of 11
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:
(I) The boundaries of the airport and all proposed additions thereto, together with the boundaries of
all offsite areas owned or controlled by the Agency for airport purposes and proposed additions
thereto;
(2) The location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities; and
(3) The location of all existing and proposed non-aviation areas on airport property and of all
existing improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of
its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as
approved by the 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.
(I) 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 "ith
the local government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the
Joint Automated Capital Improvement Program (JACIP) online website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement
or operating costs of the airport; the local airport system; or other local facilities which are o\\ned 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.
~........,_.'--~--~---- ""'-''''-~-~.''-' ..__._~~._.~__._,_,_,___~m."._
16G 2
Page 6 of 11
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency
assures that the price charged for that facility will be based on the fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a
period of 30 years.
II. Public-Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or
potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed
on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the
airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to
such terms and conditions on the facility as the airport owner or operator may impose, subject to
approval by the Department.
b. Duration of the terms or conditions in Section Dlla shall not exceed a period of 30 years.
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.
(I) 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 nmway
location that the project ""ill 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.
(I) The Agency assures that it will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by the Department.
(3) The Agency assures that it ""ill 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.
""-"~-'...~. "--'~--'._.. , __~"'_"_"'_""'~_T . _","".__",,",,,_,_,,_,,_~_"".___'k ,---
16G 2
Page? 0111
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.
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 othernise 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 lor all or any part of this project if the specific consultants, contractors, or
subcontractors have a record of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost of
professional services,
21. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
. _^_u .._.__....__"_~_._____,~.__ --- ~_.~--,,---_. -- -~,.^~,~_._-"-~ ----_.
loG 2
Page 8 of 11
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.
(I) 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.
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
If this project involves the purchase ofreal 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:
(I) 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 certitied general appraiser provides all necessary services and
documentation.
(4) Furnish the Department with a projected schedule of events and a cash !low projection within 20
calendar days after completion of the review appraisal.
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16G 2
Page 9 of 11
(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 folio.... ing
requirements:
(I) 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 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:
(I) Apply for federal and state funding to construct a paved runway, associated aircraft parking
apron, and connecting taxiway within one year of the date ofland purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years ofland purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with
the terms and assurances of this Agreement within 10 years of acquisition,
f. Disposal of Land: For disposal of real property purchased in accordance with the terms and
assurances of this Agreement, the Agency assures that it will comply with the following:
(I) For land purchased for airport development or noise compatibility purposes, the Agency ....ill,
when the land is no longer needed for such purposes, dispose of such land at fair market value and/or
make available to the Department an amount equal to the state's proportionate share of its fair
market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3) Disposition ofland under Section 22t(l) or (2), above, shall be subject to retention or reservation
of any interest or right therein needed to ensure such land will only be used for purposes compatible
with noise levels related to airport operations,
(4) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale
of any airport-owned real property,
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16G P'9.""
(b) The proportional amount shall be determined on the basis of the ratio of the Department
financing of the acquisition of the real property multiplied against the sale amount, and shall be
remitted to the Department within ninety (90) days of closing of sale,
(c) Sale of real property acquired with Department funds shall be at fair market value as
determined by appraisaL and the contract for sale must be approved in advance by the
Department.
(d) If any portion of the proceeds from the sale to the Agency is non-cash considerations,
reimbursement to the Department shall include a proportional amount based on the value of the
non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(I) 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,
(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:
(I) 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
ofthis 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:
(I) 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.
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16G 2
Page 11 of 11
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.
(I) The local agreement, satisfactory to the Department, shall obligate the unit of local government
to the same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial
non-compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future
actions against the airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-
compliance with the terms of the agreement.
25. Requests for Reimbursement (Invoice Submittals): In accordance with Section 2 I 5.422 Florida
Statutes and the requirement of Paragraph 22,00 of this Agreement:
a. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in accordance
with instructions given by the Department. Back-up documentation will include the appropriate
items necessary to verify costs incurred and the eligibility of said costs,
b. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the Department
no later than five (5) working days after receipt, by the District Public Transportation Office, of a
properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the
Department shall inform the Agency within five (5) working days of receipt and return the invoice
for corrections.
26. Third Party Contracts: The Department must approve third party contracts pursuant to Paragraph
12.00 except that written approval is hereby granted for:
a. Contracts for materials from a valid state or intcrgovernmental contract. Such materials must be included
in the Department approved project scope and/or quantities.
b. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up
to the threshold limits of Category Three, Such contracts must be for services and/or materials included in
the Department approved project scope and/or quantities. Purchasing Categories and Thresholds are defined
in Section 287.017 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code. The threshold
limits are adjusted periodically for inflation. and it shall be the sole responsibility of the Agency to ensure
that any obligations made in accordance with this section comply with the current threshold limits.
Obligations made in excess of the appropriate limits shall be cause for Department non-participation.
c, Contracts. purchase orders, and construction change orders that exceed the current JPA budget, provided
they are within the threshold limits of Category Three. as defined in Section 287.017 Florida Statutes, and in
Rule Chapter 60, Florida Administrative Code. Such contracts must be for services and/or materials included
in the Department approved project scope and/or quantities.
27. Force Account Work: "Force Account Work" by the Agency utilizing their own forces and
equipment must be approved in writing by the Department prior to performance,
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16G 2
Exhibit "D"
FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS
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 One. Naples. Florida 34114 dated
State Agency: Florida Department of Transportation
CSF A Number & Title: 55.004 Aviation Development Grants
Amount: $1,146,000
COMPLIANCES
ACTIVITIES ALLOWED
Airport Planning
Airport Planning Grants are to study options for airport development and operations, The Department funds airport
master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services
development, and airport promotion, Examples of projects are:
. Master Plans and Airport Layout Plans (ALP);
. Master Drainage Plans;
. Environmental Assessments (EA);
. Development of Regional Impact (DRI);
. Operations and Emergency Response Plans (ERP);
. Federal Aviation Regulations (FAR) Part 150 noise studies;
. Environmental Impact Studies (EIS);
. Wildlife Hazard Studies;
. Feasibility and Site Selection Studies;
. Business plans;
. Airport management studies and training;
. Air services studies and related promotional materials.
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
Air-side capital improvement projects
. Runways
. Taxiways
. Aprons
. T -hangers
. Fuel fanns
. Maintenance Hangers
. Lighting
. Air Traffic Control Towers
. Instrument Approach Aids
. Automatic Weather Observation Stations
Page I of4
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16G 2
"
Land-side capital improvement projects
. Terminal Buildings
. Parking lots and structures
. Road and other access projects
Presentation projects
. Overlays
. Crack sealing
. Marking
. Painting buildings
. Roofing buildings
. Other approved projects
Safety equipment
. Airfield Rescue and Fire Fighting Vehicle (ARFF)
. Lighted Xs
Safety projects
. Tree clearing
. Land contouring on overrun areas
. Removing, lowering, moving, and marking, lighting hazards
Information technology equipment (used to inventory and plan airport facility needs)
Drainage improvements
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway
approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and
preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful,
the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of
projects are:
. Land acquisition (for land in an approved Master Plan or ALP)
. Mitigation land (on or off airport)
. A viation easements
. Right of way
. Approach clear zones
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
. Any airport improvement and land purchase that will enhance economic impact
. Building for lease
. Indusuial park inti-astructure and buildings
. General aviation terminals that will be 100 percent leased out
. Industrial park marketing programs
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
Page20f4
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" 16G 2
This is a general description of project types, A detail list of project types approved for these grant programs can be
found in the A viation Grant Program manual ",h ich can be accessed through the internet at
w\vw .dot.state. fl.us/ A viationiPublic.htm.
ALLOW ABLE COSTS
Entities are prohibited from using grant funds for lobbying the legislature. (Section 1/6.3-J7, Florida StatUles). Also,
restrictions of expenditures are summarized in the Reference Guide for State Expenditures of the Department of
Financial Services. Other specific requirements for allowable costs are unique to each state project and are found in
the laws. rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the
Compliance Supplement, these specific requirements are in Part Four.
Audit Objectives
Determine whether expenditures of state financial assistance were for allowable costs,
Suggested Audit Procedures
l. IdentifY the types of costs that are either specifically allowed or prohibited by the laws, rules, and
provisions of contracts or grant agreements pertaining to the project.
2, Select a sample of lransactions and perform procedures to verifY that the lransactions were for an allowable
cost and not for lobbying the legislature or other prohibited uses.
Cash Management
State agencies which are expressly authorized by law to make advances for project startup or contracted services in
total or periodically, shall limit such advances to other governmental entities and nonprofit entities. The amount to
be advanced may not exceed the expected cash needs of the recipient within the initial 3 months. Thereafter
disbursements are to be made only on a reimbursement basis, The Chief Financial Officer, after consultation with
the appropriations committee, may advance funds beyond a 3-month requirement ifit is determined to be consistent
with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause
that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to
the agency or applied against the agency's obligation to the pay the contract amount. (Seclion 2/6, /8/, Florida
Slalules) Specific cash management requirements unique to a state project may be found in the laws, rules, and the
provisions of contracts or grant agreements pertaining to the project_ For projects listed in the Compliance
Supplement. these specific requirements are in Part Four,
Audit Objectives
L Detennine that cash management procedures are in accordance with Section 216.181, Florida Statutes, and
other laws, rules, and the provisions of contracts or grant ~oreements pertaining to the state project.
2. Detennine that interest income, when allowable. is correctly recorded and returned to the state agency or
applied against the contract or grant agreement.
Suggested Audit Procedures
L Review reimbursement requests and trace to supporting documentation. Ensure that costs for w'hich
reimbursement was requested were paid prior to the date of the reimbursement request.
2, Detenn ine whether any interest income was owed to the state agency and either rem itted to the agency or
applied against amounts owed by the state agency.
Page 3 of 4
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166 2
MA TCHING
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the pr'!iect costs. When federal
funding is available, the Department can provide up to 50 percent of the non-federal share,
General A viation Airports
When no federal funding is available, the Department provides up to 80 percent of project costs. When federal
funding is available. the Department can provide up to 80 percent of the non-federal share,
Economic Development
The Depamnent provides up to 50 percent of airport economic development funds to build on-airport revenue-
producing capital improvements, This program is for local match only,
Airport Loans
The Depamnent provides a 75 percent loan program to flffid the Aviation Land Acquisition Loan Program.
Page 4 of 4
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. . . 16(; 2
EXHIBIT "F"
SPECIAL PROVISIONS
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and CollierCoun!\ Airport Authori!\'.2005 Mainsail Drive, Suite One,
Naples, Florida 34114 dated
1. MODIFICATION OF TERMS AND CONDITIONS OF AGREEMENT
Project contracts which are incorporated into this Master Joint Participation Agreement without any
accompanying contract action other than incorporation from the previous Agreement shall not be subject
to the requirements of Paragraph 25,00 of this Agreement, "E-Verify".
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