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Backup Documents 03/23/2010 Item #16G 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlII 6 G 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation nceded. IFthe document is already complete with the excention of the Chairman's signature, draw a line throUlzl routin!:! lines # I through #4, complete the.: checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. \ 4. Jennifer B. White County Attorney ~,,"-.J <;::i~ 5. Ian Mitchell, BCC Office Board of County Commissioners J/- ;/-Z)I(O Supervisor 6. Minutes and Records Clcrk 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 the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to he delivered to the BCC oftlee only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Debbie Brueggeman Phone Number (239) 642-7878 Ex!. 35 1605 6 Yes (Initial) " ) N/A(Not A licable) March 23, 20 I 0 Agenda Item Number N/A N/A Resolution for MJPA 2010-^ ~DI Number of Original Documents Attached (j) I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9,18.09 1. INSTRUCTIONS & CHECKLIST Initial the Yes eolumn or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This inc ludes signature pages Irom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages Irom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final oe otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC offiee within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 3/23/10 (enter date) and all changes made during the meeting have been incorporated in the attached doeument. The Count Attorne 's Office has reviewed the chan es, if a IicabIe. 2. 3. 4. 5. 6. 16G5 MEMORANDUM Date: March 26, 20 I 0 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Resolution 2010-61: Authorizing Execution of Master Joint Participation Agreement (20l0-A) with FDOT to fund projects at Everglades Airpark and the Immokalee Regional & Marco Island Airports and associated budget amendments Attached are the five (5) original resolutions and four (4) original MJP A Agreements, referenced above (Item #16G5) adopted/approved by the Board of County Commissioners on Tuesday, March 23, 2010. After forwarding to FDOT for signature, please return a fully executed original to the Minutes and Record's Department for the Board's Official Record. If you have any questions, you may contact me at 252-8406. Thank you. Attachments (5) RESOLUTION NO. 2010- 61 16G5 RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED MASTER JOINT PARTICIPATION AGREEMENT NUMBER 2010-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 2010-A, attached hereto, is hereby approved. 2. The Chairman of the Collier County Airport Authority, Fred Coyle, is authorized to enter into, modify or terminate the MJPA Number 2010-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 23Jh day of March 2010 after motion, second and majority vote in favor of adoption. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY, COLLIER COUNTY, FLORIDA DWIGHTE. BROCK, Clerk By: ~~ '~.', rk o..Lo C. . *-1It .~~~ t ""~. ..~ By: "1L~ W C Approved as to form and legal sufficiency: Item# \lOQJS Agenda 3-a~D Date ~-B\0~ Jennifer B. White, Assistant County Attorney ~:~d 3-";J01V ?tr Deputy Clerk C:\Documents and Settings\belpediojennifer'i/.ocal Settings\Temporary Internet FilesIConlent,Qutlook'122G VM3CP\BCC Master Joint Participation Agreement- MJPS 201 O-A (1) March 2010 (2).docx ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sl'Jlt G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO.!. 0 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. Jennifer B. White County Attorney ~6\.J 5. Ian Mitchell, BCC Office Board of County Commissioners L ~(?rl,O 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 the person who created/prepared the executive summary. Primary contact information is needed in the event one orlhe addressees above, including Sue Filson, need to contact staff for additional or missing information. All originaJ documents necding thc ncc Chairman's signature arc to be delivered to the Bee office only after the nce has acted to approve the item) Name of Primary Staff Debbie Brueggeman Phone Number (239) 642-7878 Ext. 35 Contact Agenda Date Item was March 23, 2010 Agenda Item Number 16G5 Approved bv the BCC Type of Document Agreement /FDOT - MJPA 2010-A Nnmber of Original 4 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullitied. Be aware of our deadlines! The document was approved by the BCC on 3/23/tO (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licablc. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. () '\.D N/A N/A I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 -h " 16G5 Florida Department of Transportation Cll\I~LlE CRIST {;()\.J:R....()I~ ,SOl NOI'jh Bmodwoy Avenue Bnrtow, FL 33830 STEJ>Il.\~IF L KOPELOt sOs SH'HL'L\R\ February 16,2010 Ms. Debbie Brueggeman, Interim Executive Director Collier County Airport Authority Immokalee, Everglades, and Marco Island Airports 2005 Mainsail Drive, Suite I Naples, FL 34114 Re: Master Joint Participation Agreement 2010 - A Collier County Airport Authority Dear Ms. Brueggeman: Attached is one (I) copy of a Master Joint Participation Agreement (MJPA) providing for Department participation in projects at the referenced airport(s). As you know, the Agreement will incorporate your existing Master JP A and new projects into a single contract document, and replace the existing Master JPA. Please execute and return three (3) copies of the agreement in accordance with the attached checklist. Do not date the agreements. Please retain a copy for your records. Attached you will tind a sample resolution we recommend for use with this new multi- project Agreement. If you require additional information or have any questions, please feel frce to contact this office. Sincerely, q(~ :;x)~U KAS: kas Kristi A. Smith Modal Projcct Manager Attachments \\ ',\ W.dot.sl[{[L'.fl.ll"i 1665 CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the Agreement. ' (I) Oril?;inal Signature must appear on three (3) copies of the Agreements. (2) Please be sure authorized parties ~ titles and names on all copies for clarity. (3) Please provide ~ resolutions from the Agency authorizing signing of the Agreement. Resolutions must specifically identify, by name or title, person(s) authorized to sign Agreements. Resolutions must bear oril?;inal signature with seal. A sample Resolution is attached for your consideration and use. (4) Please do not fill in any dates on the Agreements. (5) Please retun! three (3) signed copies of the Agreement for further processing to the District Modal Development Office at the address below: Florida Department of Transportation District One Modal Development Office P. O. Box 1249 Bartow, Florida 33830 A copy will be furnished to your Agency after the Agreement is executed by the Department. (6) Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. 16G5'''' MASTER JOINT PAR TICIP A TION AGREEMENT NUMBER (Number (example: 20l0-A)) (Found in Agreement paragraph 1.00, Purpose of Agreement) (SAMPLE) RESOLUTION FOR MASTER JOINT PARTICIPATION AGREEMENT A RESOLUTION of the (Public Agency) authorizing the execution of that celiain Master Joint Participation Agreement (MJPA) with the Florida Depmiment of Transportation. WHEREAS, (Public Agency) ImJre authority to enter into an agreement with the Florida Department of Transportation to undertake a project as authorized by Florida Statute 332, and Florida Administrative Code 14-60; NOW, THEREFORE, BE IT RESOLVED BY THE (Public Agencv) FLORIDA: 1. That MJPA Number (Number) is approved. 2. That (Authorized Individual Bv Name and Office) is authorized to enter into, modify or terminate the MJP A with the Florida Department of Transportation, unless specifically rescinded. DUL Y PASSED AND ADOPTED THIS 20 By: Title ATTEST: (Seal) 16G5i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 01110 Pagalof14 Financial Project No.: Fund: 010 FLAIR 088719 See Exhibit "6" Function: 215 Object Code: 750004 ( Ilem-segmenl-phaSe-seq uence) Federal No.: NA Org, Code: 55012020129 Contract No.: See Exhibit "6" DUNS No, 076997790 Vendor No.: F596000558004 CFDA Number: NA CSFA Number 55004 THIS AGREEMENT. made and entered inlo 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, FL 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 "B" in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS. the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described. and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including Ihe implementation of an integrated and balanced transportation system and is authorized under 332,006(6) Florida Statutes, 10 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 aviation projects al Everglades, Immokalee and Marco Island Airports, (which Agreement shall be identified as Master Joint Participation Agreement 201 O-A). and as further described in Exhibit(s) A,B,C, and D attached herelo 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. 16G5 1 725-030-06 PUBLIC TRANSPORTATION 01/10 Page2of14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete Ihe project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch. in a sound, economical, and efficient manner. and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement. the Agency will initiate and consummate, as provided by law. all actions necessary with respect to any such matters so requisite, 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide Ihe 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 "B" . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved, 4.00 Department Participation: The Department agrees to maximum participation, including contingencies. in the project in the amount of $ See Exhibit "B" as detailed in Exhibit "B", or in an amounl equai to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as staled in Section 17,00 of this Agreement; (c) Approval of all plans. specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: 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 ils total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable, If applicable. NA percent of the Department's 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 Ihe final project audit. "'--- 16G5 ; 6.00 Project Budget and Payment Provisions: 725-030-06 PUBLIC TRANSPORTATION 01110 Page3of14 6.10 The Project Budget A project budgel shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget. carry out the project and shall incur obiigations 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 unless it compiies 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 aclual costs incurred as of the date the invoice is submitted with the finai payment due upon receipt of a final invoice, 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall eslablish for the project. in conformily with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of Ihe 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 Deposillnsurance Corporation. all paymenls 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 property 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 whoie 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 compiy with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. ~6G5 . 725-030-06 PUBLIC TRANSPORTATION 01110 Page4of14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB 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 OMB 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 OMB Circular A-133 and a recipient of federal funds. the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with Ihe provisions OMB Circular A-133, as revised. will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audil conducted in accordance with the provisions of OMB 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 Idenllfied 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. In the event that Ihe 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, In connection wilh the audit 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 Ihan the amount in Part II, Paragraph 1.. such audit is not required. If the recipient elects to conduct such an audit. the cost of the audit must be paid from the recipient's resources obtained from 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. 16G5 , 7:25-030-06 PUBLIC TRANSPORTATION 01/10 Page5of14 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 conducl or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133. as revised, and required by Section 7.62 Part I of this agreement shall be submitted. when required by Section ,320 (d). OMB 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 Bartow. FL 33830 B. The number of copies required by Sections ,320 (d)(1) and (2), OMB 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 (t). OMB 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 OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant 10 Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 801 North Broadway Avenue Bartow. FL 33830 In addition, pursuant to Section ,320 (t). OMB Circular A-133, as revised. the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 801 North Broadway Avenue Bartow, FL 33830 16G5 1 725-030-06 PUBLIC TRANSPORTATION 01/10 Page6of14 3. CDpies Df financial repDrting packages required by SectiDn 7.62 Part II Df this Agreement shall be submitted by or Dn behalf of the recipient directly to each Df the fDIIDwing: A, The Department at each Df the fDIIDwing addresses: 801 North Broadway Avenue Bartow, FL 33830 B. The AuditDr General's Office at the fDIIDwlng address: AuditDr General's Office RDDm 401, Pepper Building 111 West MadisDn Street Tallahassee, FIDrida 32399-1450 4. CDpies Df repDrts Dr the management leller required by Section 7.62 Part III Df this Agreement shall be submilled by Dr Dn behalf Df the recipient directly to: A. The Department at each Df the follDwing addresses: 801 North Broadway Avenue Bartow. FL 33830 5. Any repDrts, management leller, or Dther information required tD be submilled tD the Department pursuant tD this Agreement shali be submilled timely in accordance with OMB Circular A-133. Section 215.97, FIDrida Statutes, and Chapter 10.550 (IDcal gDvernmental entities) Dr 10,650 (nDnprDfit and fDr-prDfit DrganizatiDns), Rules of the AuditDr General, as applicable. 6. Recipients, when submilling financial repDrting packages to the Department fDr audits dDne in accDrdance with OMB Circular A-133 Dr Chapters 10.550 (IDcal gDvernmental entities) Dr 10,650 (nDnprDfit and fDr-profit Drganizations), Rules Df the AuditDr General, shDuld indicate the date that the repDrting package was delivered to the Agency in cDrrespDndence accompanying the repDrting package, 7.63 Record Retention: The Agency shali retain sufficient records demDnstrating its cDmpliance with the terms of this Agreement fDr a periDd Df at least five years frDm the date the audit repDrt is issued, and shall allDw the Department. Dr its designee, the CFO or AuditDr General access to such recDrds upDn request. The Agency shali ensure that the independent audit working papers are made available to the Department, Dr its designee. the CFO. or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of cosls incurred under the terms Df this Agreement shall be maintained and made available upon request to the Department at ali times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's 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 audit discloses any significant audit findings related 10 any award. including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency. the Agency shali submit as part of the audit package to the Department a plan for cDrrective action to eliminate such audit findings Dr a statement describing the reasons that corrective action is not necessary, The Agency shali take timely and appropriate corrective action to any audit findings. recommendations. and corrective action plans. 16G5 725-030-06 PUBLIC TRANSPORTATION 01/10 Paga7of14 7.65 Insurance: ExecutiDn Df this JDint ParticipatiDn Agreement cDnstitutes a certificatiDn that the Agency has and will maintain the ability tD repair Dr replace any project equipment or facilities in the event Df IDSS Dr damage due tD any accident Dr casualty fDr the useful life Df such equipment Dr facilities. In the event Df the IDss Df such equipment Dr facilities, the Agency shall either replace the equipment or facilities Dr reimburse the Department tD the extent of its interest in the lost equipment Dr facility, In the event this Agreement is for purchase Df land Dr for the cDnstructiDn Df infrastructure such as airport runways the Department may waive Dr mDdify this sectiDn. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In Drder tD obtain any Department funds. the Agency shall file with the Department of TranspDrtatiDn. District One Public TranspDrtation Office 801 NDrth Broadway Avenue , FL, 33830 its requisitiDn Dn a fDrm Dr fDrms prescribed by the Department. and any Dther data pertaining tD the project aCCDunt (as defined in Paragraph 7.10 hereof) tD justify and SUPPDrt the payment requisitiDns. 8.11 InvDices fDr fees or Dther cDmpensatiDn fDr services Dr expenses shall be submitted in detail sufficient fDr a prDper preaudit and pDstaudit thereDf. 8.12 InvDices fDr any travel expenses shall be submitted in accDrdance with Chapler 112.061. F.S. The Department may establish rates IDwer than the maximum prDvided in Chapter 112,061. F.S, 8.13 FDr 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 cDnsideratiDn paid fDr real prDperty. (c) a statement by the Agency certifying that the appraisal and acquisitiDn of the real property tDgether with any attendant relDcatiDn of Dccupants was accDmplished in compliance with all federal laws. rules and prDcedures required by any federal Dversight agency and with all state laws. rules and procedures that may apply tD the Agency acquiring the real prDperty. 8.20 The Department's Obligations: Subject tD Dther prDvisiDns hereof. the Department will hDnDr such requisitions in amDunts and at times deemed by the Department tD be proper tD ensure the carrying DUt Df the prDject and payment Df the eligible CDStS, HDwever, nDtwithstanding any Dther prDvisiDn Df this Agreement. the Department may elect by nDtice in writing nDt tD make a payment Dn the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentatiDn Df a material nature in its application. Dr any supplement theretD Dr amendmenl thereDf, or in Dr with respect tD any dDcument or data furnished therewith Dr pursuant heretD; 8.22 Litigation: There is then pending IitigatiDn with respect to the perfDrmance by the Agency Df any of its duties Dr obligatiDns which may jeDpardize Dr adversely affect the prDject. the Agreement. Dr payments to the prDject; 8.23 Approval by Department: The Agency shall have taken any action pertaining tD the prDject which. under this agreement. requires the approval Df the Department Dr has made related expenditures Dr incurred related Dbligations withDut having been advised by the Department that same are apprDved; or 8.24 Conflict of Interests: There has been any viDlatiDn Df the cDnflict Df interest provisiDns contained herein; 8.25 Default: The Agency has been determined by the Department tD be in default under any Df the provisions Df the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance tD the project suspends Dr terminates federal financial assistance tD the prDject. In the event Df suspensiDn or terminatiDn Df federal financial assistance. the Agency will reimburse the Department fDr all disallDwed costs, including any and all federal financial assistance as detailed in Exhibit "B." 16G5 725-030.06 PUBLIC TRANSPORTATION 01110 Page8af14 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 Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 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 Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions Imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 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 approvai 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. 16G5 725-030-06 PUBLIC TRANSPORTATION 01/10 Page9of14 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., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall 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. 12.40 The Agency agrees to report any reasonable cause notice of noncompiiance 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 ofTransportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a . certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 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. 16G5 725-030-06 PUBLIC TRANSPORTATION 01/10 Page10of14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or empioyee'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 empioyee 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 controHed 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 applicabie environmental regulations including the . securing of any applicabie permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department 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 shaH 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. 16G5 725-030-06 PUBLIC TRANSPORTATION 01110 Pagel1of14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 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 faciiity 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 concerning 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. 16G5 725-030.06 PUBLIC TRANSPORTATION 01/10 Page 12of14 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 shail 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 wiil 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 submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 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 inciude 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 shail 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 ioan, 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. 16G51 725-030-06 PUBLIC TRANSPORTATION 01/10 Page130f 14 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 215.422(3)(b). F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 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. 16G5 725-030-06 PUBLIC TRANSPORTATION 01/10 ?age 14 of 14 Financial Project No See Exhibit "B' 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 FOOT Collier County Airport Authority AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller Fred W. Coyle SIGNATORY (PRINTED OR TYPED) "~/uL W C~I:<_ SIGNATURE \ ) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Chairman TITLE Director of Transportation Development TITLE ,^ ATTEST:' _ DWIGHT E. BROCK, Clf;!r~ By ()..u-.i( '~O,(. ntlna". ',. 't '," ,'tIl,....II Approved as to 'form and legal Sufficiency ~)}0\~ Assistam ounty Attorney 16G5 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 1 of2 16G5 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 ofthis 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 Budl!:et Pal!:e Index IMMOKALEE AIRPORT 41429819401 Rehab Runway Lights 18/36 Page 2 of 6, Exhibit B Page 3 of 6, Exhibit B 426083 1 94 01 Aircraft Apron Expansion MARCO ISLAND AIRPORT 41078819401 Surcharge/Const. of Taxiway & Apron Page 4 of 6, Exhibit B 41429919401 41437019401 Taxiway and Apron Page 5 of 6, Exhibit B Page 6 of 6, Exhibit B Mitigation Phase 11 Page 2 of2 16G5 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 Countv 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 1 of6 16G5 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 41429819401 Contract Number: AOV99 Original JPA Date: June 17,2008 Expiration Date: July 1,20 II REHABILITATE RUNWAY LIGHTS 18/36 I. PROJECT COST $ 175,000 II. PARTICIPATION: Agency Participation 20%) $35,000 Maximum Department Participation ( 80%) $140,000 TOTAL PROJECT COST $ 175,000 * State funding not to exceed one-half of the non-federal share. Ill. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $140,000 Project years may be advanced or deferred subject to Legislative appropriation or availability offunds. Page 2 of6 16G5 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 426083 1 9401 Contract Number: APF78 Original JPA Date: May 22, 2009 Expiration Date: July 1,2011 Supplemental Number One CONSTRUCT AIRCRAFT APRON EXPANSION I. PROJECT COST, AS APPROVED: PROJECT COST, AS AMENDED: NEW CHANGE: $197,000 $251,543 $54,543 n. PARTlCIPA TION: Federal Participation As Approved: As Amended: Net Change: Agency Participation As Approved: As Amended: Net Change: ( 95%) $187,150 $236,308 $49,158 ( * %) $4,925 $6,002 $1,077 Maximum Department Participation As Approved: As Amended: Net Change: ( * %) $4,925 $9,233 $4,308* TOTAL PROJECT COST IV. PROGRAMMED STATE FUNDS $251,543 * State funding not to exceed one-half of the non-federal share. Supplemental Number One funded at 80/20 ratio of non-federal share. Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 08/09 $4,925 FY 09/1 0 $4,308 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 3 of6 16G5 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 41078819401 Contract Number: AOF09 Original JPA Date: June 30, 2006 Expiration Date: July 1, 2011 SURCHARGE AND CONSTRUCTION OF T AXIW A Y AND APRON I. PROJECT COST $ 570,000 II. PARTICIPATION: Agency Participation ( 20 %) $114,000 Maximum Department Participation ( 80%) $ 456,000 TOTAL PROJECT COST $ 570,000 'State funding not to exceed one-half of the non-federal share. 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 offunds. All state funds programmed on this project in FY 05/06 and prior must be expended and an invoice for their reimbursement to the agency submitted to the Department no later than May 1, 2011. Such funds which are not expended and invoiced by this date shall be forfeited by the agency. Page 4 of6 16G5 1 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 41429919401 Contract Number: AOR09 Original JPA Date: June 17,2009 Expiration Date: July 1,2011 SURCHARGE AND CONSTRUCTION OF T AXIW A Y AND APRON I. PROJECT COST: $600,000 II. PARTlCIPA nON: Agency Participation ( 20%) $120,000 Maximum Department Participation, ( 80%) $480,000 TOTAL PROJECT COST $600,000 Ill. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 FY 08/09 $280,000 $200,000 Project years may be advanced or deferred subject to Legislative appropriation or availability offunds" Page 5 of6 16G5 PROJECT BUDGET MARCO ISLAND AIRPORT FMNumber: 41437019401 Contract Number: ANH 17 Original JPA Date: March 4, 2004 Expiration Date: July 1,2010 MITIGATION (PHASE II) FOR PARALLEL TAXIWAY AND APRON I. PROJECT COST $ 1.150,538 II. PARTICIPATION: Maximum Federal Participation ( . %) $ 1,085,484 Agency Participation ( 50%) $32,527 Maximum Department Participation ( 50%) $ 32,527 TOTAL PROJECT COST $ 1,150,538 'State funding not to exceed one-half of the non-federal share. Ill. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 03/04 $7,527 FY 04/05 $25,000 Project years may be advanced or deferred subject to Legislative appropriation or availability offunds. All state funds programmed on this project in FY 04/05 and prior must be expended and an invoice for their reimbursement to the agency submitted to the Department no later than May 1, 2010, Such funds which are not expended and invoiced by this date shall be forfeited by the agency. Page 6 of6 16G5 1 EXHIBIT "C" A VIA TION 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 Airport Authority. 2003 Mainsail Drive, Naples, Florida 34114 dated SECTION 1 - A VIA TION PROJECT REQUIREMENTS I. REQUIRED SUBMITTALS (AS APPLICABLE): SUBMITTAL/CERTIFICATION RESPONSIBILITY Consultant Selection Compliance (CCNA Certification) Public Agency Attorney Certification Feasibility Study Public Agency Design Submittal 100% Plans, Specifications and Contract Documents Engineer Certification' Construction/Procurement Public Agency Audit Reports Public Agency Annually During Life of Project , Criteria for development and certification of Plans, Specifications, and Contract Documents are defined in Section VI of this Exhibit, "DESIGN DEVELOPMENT CRITERIA". Submittal format is specified in Section VII of this Exhibit, "PLAl\S & SPECIFICATIONS FORMAT". Page I of 12 16G5 II. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) - In accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. 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. -, 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. III. THIRD PARTY CONTRACTS The Department must approve third party contracts pursuant to Paragraph 12.00 except that written approval is hereby granted for: I . Contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved project scope and/or quantities. 2. 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 1hat 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. 3. Contracts, purchase orders, and construction change orders that exceed the current lPA 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. Page 2 of 12 16G5 , This approval does not represent a State financial commitment for funds exceeding the current JP A budget unless and until the JP A is supplemented to provide for the additional cost. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract. IV. 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. V. ENGINEER'S CERTIFICATION OF PLANS & SPECIFICATIONS Paragraph 15.00, "Plans and Specifications" of this Agreement is hereby amended to read: "In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping offacilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Registered Professional Engineer of the Agency or their Consultant Engineering Firm shall certifY in ",Titing that the plans and specifications were developed in compliance with the criteria specified in Section V of this Exhibit, "DESIGN DEVELOPMENT CRITERIA". The Department will review the certification and, if deemed acceptable, provide official written approval of the plans. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. Receipt of such approval shall not relieve the agency of the responsibility for obtaining Department review and written approval for all third party contracts as specified in paragraph 12.10". VI. DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. P'age 3 of 12 1665 The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: · Federal Aviation Administration Regulations and Advisory Circulars' . Florida Department of Transportation Standards of Design for General Aviation Projects' . Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida, "Green Book'" . Manual on Uniform Traffic Control Devices' Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. . The current version(s) or edition(s) as ofthe execution date ofthe Engineering Agreement for the design of the project. VII. PLANS & SPECIFICA TroNS FORMAT Paragraph 15.00 of this Agreement, as modified, requires submission of plans and specifications for Department review and approval. Submittals shall be in IBM compatible electronic format on s1andard CD-R format compact disk. The format used shall be either Micro Station@"DGN" or AutoCAD@"DWG' format for plans, and Adobe@"PDF" format for text documents. The agency may request Department review of other industry standard formats for use. The Department shall issue \Hillen approval of other format if deemed acceptable. When the project deliverable is a study or other spccialized document, hard copies in a quantity suitable to Department shall be required in addition to an electronic copy of the final product. VIII. AUDIT REQUIREMENTS The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. Page 4 of 12 16G5 IX. TERMINAL BUILDING PROJECTS The Agency shall provide a presentation sign to inform the public of the project. The design and location of the sign shall be approved by the Department prior to advertising the project for bids. The sign shall be erected prior to the start of project construction and remain in place until project completion. SECTION 2 - AVIATION PROGRAM ASSURANCES A. GENERAL I. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project i1ems installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreemen1 is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consis1ent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. GENERAL ASSURANCES The Agency hereby assures that: I. Good Title: The Agency holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. 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, conditions, and assurances Page 5 of 12 16G5 1 in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modifY any outstanding rights or claims of right of others which would interfere with such performance by the Ageney. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency wiII reserve sufficient rights and authority to ensure that the airport will be operated and maintained aecording to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: The Agency will clear and protect terminal airspaee 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. 4. Compatible Land Use: The Agency will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential avia1ion hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that wiII be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: The Agency will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. The Agency will keep a layout plan of the airport up to date showing: (I) 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) 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 Page 6 of 12 16G5 '. (3) Loca1ion of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of 1he Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: The Agency will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: The Agency assures that all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or 01her local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: The Agency will develop and maintain a cos1-feasible financial plan to accomplish the projec1s necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood offederal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: 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. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation Page 7 of 12 16G5 and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or des1royed due to an act of God or other condition or circumstance beyond the control of the Agency. II. Economic Nondiscrimination: The Agency will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: The Agency will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: The Agency will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: As to each project governed by this Agreement, the Agency will make expenditures or incur obligations and invoice the Department for such costs within two years after the date of each project's original Joint Participation Agreement date, or the Department may terminate this Agreement as to that project. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: The Agency will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures tha1 it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or 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. Page 8 of 12 16G5 ; C. PLANNING PROJECTS If1his project involves planning or other aviation studies, the Agency assures that it will: I. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing 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. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JAClP) database. 6. No Implied Commitments: Understand and agree 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. D. LAND ACQUISITION PROJECTS If this project involves land purchase, the Agency assures that it will: I. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of1969; FAA Order 51 00.37 A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. Page 9 of 12 16G5 , 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interes1s. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. Iffederal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Departmen1 within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. Page 10 of 12 16G5 c. Complete an airport master plan within two years ofland purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. AVIATION CONSTRUCTION PROJECTS If this project involves construction, the Agency assures that it will: I. Certifications: Provide certifications that: a. Consultant and contractor selection comply wi1h all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent 1echnical 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. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for 1he useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. NOISE MITIGATION PROJECTS If this project involves noise mitigation, the Agency assures that it will: Page I I of 12 1665 1. Local 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 enter into an agreement with that government. The agreemen1 shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement ifthere is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property; enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement ifthere is substantial non-compliance with the terms ofthe agreement. Page 12 of 12 Exhibit D 16G5 State Agency: FDOT CSF A Number & Title: 55.004 Aviation Development Grants Amount: $1,113,452 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 (DRl); . 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 ofprojects are: Air-side capital improvement projects . Runways . Taxiways . Aprons . T -hangers . Fuel farms . Maintenance Hangers . Lighting . Air Traffic Control Towers . Instrument Approach Aids . Automatic Weather Observation Stations Land-side capital improvement projects . Terminal Buildings . Parking lots and structures Page 1 of 4 . Road and other access projects 16G5 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 otfairport) . 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 . Industrial park infrastructure and buildings . General aviation terminals that will be 100 percent leased out . Industrial park marketing programs Aviation Land Acquisition Loan Program The Dcpaliment provides interest fi.ee loans for 75 percent of the cost ofairpol11and purchases for both commt:rcial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the intel11ct at W\VW .doLstate. fl. usiA viationiPubl ic.l1tm. Page 2 01'4 16G5 ALLOWABLE COSTS Entities are prohibited from using grant funds for lobbying the legislature. (Section 216.347, Florida Statutes). Also, restrictions of expenditures are summarized in the Reference Guide for State Expenditures of the Department of Financial Services. Other specific requirements for allowable costs are unique to each state project and are found in the laws, rules, and the provisions of can tracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether expenditures of state financial assistance were for allowable costs. Suggested Audit Procedures 1. Identify the types of costs that are either specifically allowed or prohibited by the laws, rules, and provisions of contracts or grant agreements pertaining to the project. 2. Select a sample of transactions and perform procedures to verify that the transactions were for an allowable cost and not for lobbying the legislature or other prohibited uses. Cash Management State agencies which are expressly authorized by law to make advances for project startup or contracted services in total or periodically, shall limit such advances to other governmental entities and nonprofit entities. The amount to be advanced may not exceed the expected cash needs of the recipient within the initial 3 months. Thereafter disbursements are to be made only on a reimbursement basis. The Chief Financial Officer, after consultation with the appropriations committee, may advance funds beyond a 3-month requirement if it is determined to be consistent with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to the agency or applied against the agency's obligation to the pay the contract amount. (Secrion 2 J 6.181, Florida Statutes) Specific cash management requirements unique to a state project may be found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives I. Determine that cash management procedures are in accordance with Section 216.181, Florida Statutes, and other laws, rules, and the provisions of contracts or grant agreements pertaining to the state project 2. Determine that interest income, when allowable, is correctly recorded and returned to the state agency or applied against the contract or grant agreement Suggested Audit Procedures I. Review reimbursement requests and trace to supporting documentation. Ensure that costs for which reimbursement was requested were paid prior to the date of the reimbursement request. 2. Detennine whether any interest income was owed to the state agency and either remitted to the agency or applied against amounts owed by the state agency. MA TCHING Page3of4 1665 Commercial Service Airports When no federal funding is available, the Department provides up t6'50 percent ofthe project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. Economic Development The Department provides up to 50 percent of airport economic development funds to build an-airp0l1 revenue- producing capital improvements. This program is for local match only. Airport Loans The Department provides a 75 percent loan program to fund the A viatian Land Acquisition Loan Program. Page 4 of 4