Backup Documents 10/26/2010 Item #16G 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 G '1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered m 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. lithe document is already complete with the
exception of the Chairman's signature. draw a line through routine lines # 1 through #4, complcte the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
appropriate.
(Initial)
Applica ble)
2.
October 26, 2010
Agenda Item Number
16G I
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jennifer B. White
County Attorney's Office
JBW
10/29/10
S. Ian Mitchell, BCC Office
Supervisor
Board of Cotmty Commissioners
Documents Attached
lo/301(D
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(I he primary contact is the holder of the original document pending BCC. approval. Normallv the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of addressees above, including Sue Filson, need to contact staff f)r additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered In the BCC: office only after the BCC has acted to approve the
item)
Name of Primary Staff
Debbie Brueggeman
Phone Number
(239) 642 -7878 Ext. 34
Contact
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
October 26, 2010
Agenda Item Number
16G I
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution — JPAAQ 122
Number of Original
4
Attached
ID-V�
Documents Attached
INSTRUCTIONS & CHECKLIST
I. Forms/ County Forms/ RCC Forms/ Original Documents Routing Slip W WS Original 203.04, Revised 1.26 05, Revised 2 24 05, Revised 9.18 09
Initial the Yes column or mark "N /A'in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
JBW
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 Attorneys 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.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorneys
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairfnads signature line date has been entered as the date of BCC approval of the
JBW
document or the final negotiated contract date whichever is applicable.
4.
"Sign herd'tabs are placed on the appropriate pages indicating where the Chairman's
JBW
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
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 BCCs actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/26/10 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
I. Forms/ County Forms/ RCC Forms/ Original Documents Routing Slip W WS Original 203.04, Revised 1.26 05, Revised 2 24 05, Revised 9.18 09
16G 1
MEMORANDUM
Date: November 2, 2010
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Resolution 2010 -215
Joint Participation Agreement - AQ122
Attached are three (3) originals of the document referenced above,
(Agenda Item #16G1) approved by the Board of County Commissioners on
Tuesday, October 26, 2010.
The fourth original document will be held as part of the Board's
Official Records in the Minutes & Records Department.
If you have any questions, you may contact me at 252 -7240.
Thank you.
16G 1
RESOLUTION NO. 2010- 21 5
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED
JOINT PARTICIPATION AGREEMENT (JPA) CONTRACT NUMBER AQ122
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, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Collier County, Florida, that:
1. JPA Contract Number AQ122, attached hereto, is hereby approved.
2. The Chairman of the Collier County Airport Authority, Fred W. Coyle, is
authorized to enter into, modify or terminate the JPA Contract Number AQ122
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 26th day of October 2010 after motion, second and majority vote in
favor of adoption.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
De put lerk FRED W. COYLE, Chairm n
Attest is a 11
i 1Qnetw e 0"'14
Approved as to form and legal sufficiency:
Jennifer B. White, Assistant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 6 G l
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 41 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throng routine lines # I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
List in routing order
Office
Initials
Date
I.
appropriate.
(Initial)
Applic able)
2.
October X, 2010
Agenda Item Number
16G I
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
FDOT Joint Participation Agreement
Number of Original
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC 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 ate BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Debbie Brueggeman
Phone Number
(239) 642 -7878 Ext. 34
Contact
appropriate.
(Initial)
Applic able)
Agenda Date Item was
October X, 2010
Agenda Item Number
16G I
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
FDOT Joint Participation Agreement
Number of Original
Attached
AQ122
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9. 18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
I.
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 possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the Comity Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3,
The Chairman's signature line date has been entered as the date of BCC approval of the
( -J
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
1`=
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
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 BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/26/10 (enter date) and all
_
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9. 18.09
16G 1
MEMORANDUM
Date: November 2, 2010
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Joint Participation Agreement - AQ122
Attached are five (5) originals of the document referenced above,
(Agenda Item #16G1) approved by the Board of County Commissioners on
Tuesday, October 26, 2010.
Please forward a fully executed original document to the Minutes
& Records Department so that it may be kept as part of the
Board's Official Records.
If you have any questions, you may contact me at 252 -7240.
Thank you.
Financial Project No.:
425515- 1 -94 -01
em- segmen -p aw- sequence
Contract No.: AQ122
CFDA Number: NA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
215
II No.:
No.:
Object Code: 750004
16G
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Org. Code: 55012020129
Vendor No.: F596000558004
CSFA Number: 55004
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Airport Authority
2005 Mainsail Drive, Suite 1, Naples, FL 34114
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before July 1, 2016 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to participate in an Access Control Security Systems Upgrade project with Collier County Airport Authority at Marco
Island Executive Airport.
and as further described in Exhibit(s) A,B,C, and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the protect, 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.
1
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Page 2 0l 14
2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 60,000
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof lth 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 $ 60,000 as detailed in Exhibit "B ", or in an amount equal to the
percentage(s) of total cost shown in Exhibit "B ", whichever is less.
4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 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 O is eta is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage : Retainage O 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 the final project audit.
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6.00 Project Budget and Payment Provisions: Page 3 of 14
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines /procedures and "Principles for State and
Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account ". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as orescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
16G �.1
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Page 4 of 14
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 the 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 audit 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 identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
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 with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the 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.
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Part III Other Audit Requirements
1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
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
Post Office Box 1249
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 (f), 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 to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
801 North Broadway Avenue
Post Office Box 1249
Bartow, FL 33830
In addition, pursuant to Section .320 (f), 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
Post Office Box 1249
Bartow, FL 33830
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow, FL 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
801 North Broadway Avenue
Post Office Box 1249
Bartow, FL 33830
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be 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 to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of
infrastructure such as airport runways the Department may waive or modify this section.
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue FL
33830 is requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
or 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation of Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B"
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
or services received under a contract or other arrangements which have not been approved in writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination 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 approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 267, 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 noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - 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.
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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 employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carded out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance
with applicable environmental regulations, Including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
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 shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and 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 facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations 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.
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17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
July 1 2016 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or Designee . Expiration of this Agreement will be considered termination
of the protect 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.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
agency. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
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.
T25.030-08
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Papa 14 of 14
Financial Project No. 425515- 1 -94 -01
Contract No. AQ122
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
Collier County Airport Authority
AGENCY NAME
Fred W. Coyle
Chairman
Clerk
say: rr µ-vi
Atte t u is CM
41vatwt oigv.4l
Approv,,d am To form & legal 8Uf1lCletlr,,1
FOOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
16G 1
725 -030 -06
PUBLIC TRANSPORTATION
Exhibit D onw
E hfttD
FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
• (e.g., Eligibility requirements for recipients of the resources)
• (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Arc ency
Compliance Requirements
1.
2.
3.
STATE RESOURCES
State Agency
Compliance Requirements
1.
2.
3.
Catalog of Federal Domestic Assistance (Number & Title]
Catalog of State Financial Assistant (Number & Title)
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Dome tic Assistance (Number & Title)
Compliance Requirements
2.
3.
Amount
Amount
Amount
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects Included In this exhibit be provided to the recipient.
16G 1
FINANCIAL PROJECT NO, 425515-1-94-01
CONTRACT NO. A0122
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and Collier County Airport Authority,
2003 Mainsail Drive Naples Florida 34114 dated
and referenced by the above financial project number.
PROJECT LOCATION: Marco Island Executive Airport
PROJECT DESCRIPTION: Access Control Security System Upgrade
SPECIAL CONSIDERATIONS BY AGENCY:
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 contract number, Financial Project
Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
As required by section 215.971, F.S., the department will authorize payment based upon
Periodic Pay Requests listing all work in -place that has been approved by the recipient's
project manager as meeting established standards of design or construction, as of the
Payment Request Date. A Cumulative Project Status Update Report shall be loaded into
JACIP; once this is approved a Pay Request may be submitted to the department. The
Pay Requests shall be delivered by the agreement recipient along with any supporting
documents to the Department. Upon completion of the work, execution of the final
change order, and submittal of all required project completion documentation the final
payment will be approved and the contract will be closed.
Page 1 of 1
l6G 1
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and Collier County Airport Authority, 2003
Mainsail Drive Naples Florida 34114 dated
FM Number: 425515- 1 -94 -01
Contract Number: AQ122
Original JPA Date:
Expiration Date: July 1, 2016
I. PROJECT COST: $ 60,000
IL PARTICIPATION:
Maximum Federal Participation (0 %) $ 0
Agency Participation (0 %) $ 0
Maximum Department Participation (100 %)* $ 60,000
TOTAL PROJECT COST $ 60,000
* In accordance with Senate Bill 48 -b, funding for Security projects will be
reimbursed at 100%
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 10/it $ 60,000
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
State funds programmed on this project must be expended and an invoice for their reimbursement to
the agency submitted to the Department by the following date(s):
FY 10/11 funds by May 1, 2016
Such funds which are not expended and invoiced by the dates indicated shall be forfeited by the
agency. Invoices must be submitted at a minimum of every 24 months or the project funds are
subject to deletion.
Page I of 1
16G
Financial Project No.: 425515 -1 -94-01
Contract No.: A0122
EXHIBIT "C"
AVIATION PROJECT REQUIREMENTS & PROGRAM ASSURANCES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida Department of Transportation and Collier County Airport Authority, 2003 Mainsail
Drive, Naples, Florida 34114 dated and referenced by the
above financial project number.
SECTION 1 - AVIATION PROJECT REQUIREMENTS
I. REQUIRED SUBMITTALS (AS APPLICABLE):
SUBMITTAL /CERTIFICATION
Consultant Selection Compliance
(CCNA Certification)
Feasibility Study
Design Submittal
100% Plans, Specifications and Contract Documents
Construction/Procurement
Audit Reports
RESPONSIBILITY
Public Agency Attorney
Certification
Public Agency
Engineer Certification*
Public Agency
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, "PLANS & SPECIFICATIONS
FORMAT".
Page I of 12
1
16G 1
II. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) - In accordance with
Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement:
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:
Contracts for materials from a valid state or intergovernmental contract. Such materials
must be included in the Department approved project scope and /or quantities.
Contracts, purchase orders, and construction change orders (excluding engineering
consultant services) up to the threshold limits of Category Three. Such contracts must be
for services and /or materials included in the Department approved project scope and /or
quantities. Purchasing Categories and Thresholds are defined in Section 287.017 Florida
Statutes, and in Rule Chapter 60, Florida Administrative Code. The threshold limits are
adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to
ensure that any obligations made in accordance with this section comply with the current
threshold limits. Obligations made in excess of the appropriate limits shall be cause for
Department non - participation.
Contracts, purchase orders, and construction change orders that exceed the current JPA
budget, provided they are within the threshold limits of Category Three, as defined in
Section 287.017 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code.
Such contracts must be for services and /or materials included in the Department approved
project scope and /or quantities.
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This approval does not represent a State financial commitment for funds exceeding the current JPA
budget unless and until the JPA 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 of facilities, 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 writing 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.
The Engineer shall perform a thorough review of the requirements of the following standards and
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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 of the execution date of the Engineering Agreement for the design of the
project.
VII. PLANS & SPECIFICATIONS 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
standard 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 written approval of other format if deemed acceptable.
When the project deliverable is a study or other specialized 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.
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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
1. 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
items 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 Agreement 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 consistent 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:
1. 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
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 Agency. 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
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person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: The Agency will clear and protect terminal airspace required
for instrument and visual operations at the airport (including established minimum flight altitudes)
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
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 aviation hazards and limitations on incompatible land
uses in the vicinity of the airport. The vicinity of the airport includes all areas that will 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:
(1) 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
(3) Location 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
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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
the 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 other local
facilities which are owned or operated by the owner or operator of the airport and which are
directly and substantially related to the 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 cost - feasible financial plan to
accomplish the projects 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 of federal 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.
1o. 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
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 destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
11. 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
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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: The agency will not sell, lease, encumber, or otherwise
transfer or dispose of any part of its title or other interests in the real property shown as airport
owned or controlled on the current airport layout plan without prior written approval by the
Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of
any part of its title, rights, or other interest in existing noise easements or avigation easements on
any property, airport or non airport, without prior written approval by the Department. These
assurances shall not limit the Agency's right to lease airport property for airport- compatible
purposes.
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 that 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.
C. PLANNING PROJECTS
If this project involves planning or other aviation studies, the Agency assures that it will:
1. 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
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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 (JACIP) 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:
1. 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
of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is
acquired through condemnation; and section 286.23, F.S.
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 interests.
b. Securing written permission from the Department to execute each agreement with any
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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.
4. 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. If federal 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 Department 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.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land
purchase.
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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.
For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of
any airport -owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department
financing of the acquisition of the real property multiplied against the sale amount, and shall be
remitted to the Department within ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at fair market value as
determined by appraisal, and the contract for sale must be approved in advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non -cash considerations,
reimbursement to the Department shall include a proportional amount based on the value of the
non -cash considerations.
E. AVIATION CONSTRUCTION PROJECTS
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with 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 technical supervision at
the construction site throughout the project to assure that the work conforms to the plans,
specifications, and schedules approved by the Department for the project. The Agency assures that
it will allow the Department to inspect the work. The Department may require cost and progress
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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 the 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:
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 agreement 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 if there 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 if there is
substantial non - compliance with the terms of the agreement.
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Financial Project No.: 425515- 1 -94 -01
Contract No.: A0122
Exhibit "D"
FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and Collier County Airport Authority, 2003
Mainsail Drive, Naples Florida 34114 dated
referenced by the above financial project number.
State Agency: Florida Department of Transportation
CSFA Number & Title: 55.004 Aviation Development Grants
Amount: $60,000
COMPLIANCES
ACTIVITIES ALLOWED
and
Airport Planning
Airport Planning Grants are to study options for airport development and operations. The Department funds airport
master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services
development, and airport promotion. Examples of projects are:
• Master Plans and Airport Layout Plans (ALP);
• Master Drainage Plans;
• Environmental Assessments (EA);
• Development of Regional Impact (DRI);
• Operations and Emergency Response Plans (ERP);
• Federal Aviation Regulations (FAR) Part 150 noise studies;
• Environmental Impact Studies (EIS);
• Wildlife Hazard Studies;
• Feasibility and Site Selection Studies;
• Business plans;
• Airport management studies and training;
• Air services studies and related promotional materials.
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
Air -side capital improvement projects
• Runways
• Taxiways
• Aprons
• T- hangers
• Fuel farms
• Maintenance Hangers
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• Lighting 1 6 G 1
• Air Traffic Control Towers
• Instrument Approach Aids
• Automatic Weather Observation Stations
Land -side capital improvement projects
• Terminal Buildings
• Parking lots and structures
• Road and other access projects
Presentation projects
• Overlays
• Crack sealing
• Marking
• Painting buildings
• Roofing buildings
• Other approved projects
Safety equipment
• Airfield Rescue and Fire Fighting Vehicle (ARFF)
• Lighted Xs
Safety projects
• Tree clearing
• Land contouring on overrun areas
• Removing, lowering, moving, and marking, lighting hazards
Information technology equipment (used to inventory and plan airport facility needs)
Drainage improvements
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway
approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and
preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful,
the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of
projects are:
• Land acquisition (for land in an approved Master Plan or ALP)
• Mitigation land (on or off airport)
• Aviation easements
• Right of way
• Approach clear zones
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
• Any airport improvement and land purchase that will enhance economic impact
• Building for lease
• Industrial park infrastructure and buildings
• General aviation terminals that will be 100 percent leased out
• Industrial park marketing programs
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Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be
found in the Aviation Grant Program manual which can be accessed through the internet at
www.dot.state.fl.us/Aviation/Public.htm.
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 contracts or grant agreements pertaining to the project. For projects listed in the
Compliance Supplement, these specific requirements are in Part Four.
Audit Objectives
Determine whether expenditures of state financial assistance were for allowable costs.
Suggested Audit Procedures
1. Identify the types of costs that are either specifically allowed or prohibited by the laws, rules, and
provisions of contracts or grant agreements pertaining to the project.
2. Select a sample of transactions and perform procedures to verify that the transactions were for an allowable
cost and not for lobbying the legislature or other prohibited uses.
Cash Management
State agencies which are expressly authorized by law to make advances for project startup or contracted services in
total or periodically, shall limit such advances to other governmental entities and nonprofit entities. The amount to
be advanced may not exceed the expected cash needs of the recipient within the initial 3 months. Thereafter
disbursements are to be made only on a reimbursement basis. The Chief Financial Officer, after consultation with
the appropriations committee, may advance funds beyond a 3 -month requirement if it is determined to be consistent
with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause
that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to
the agency or applied against the agency's obligation to the pay the contract amount. (Section 216.181, Florida
Statutes) Specific cash management requirements unique to a state project may be found in the laws, rules, and the
provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance
Supplement, these specific requirements are in Part Four.
Audit Objectives
1. Determine that cash management procedures are in accordance with Section 216.181, Florida Statutes, and
other laws, rules, and the provisions of contracts or grant agreements pertaining to the state project.
2. Determine that interest income, when allowable, is correctly recorded and returned to the state agency or
applied against the contract or grant agreement.
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Suggested Audit Procedures
1. Review reimbursement requests and trace to supporting documentation. Ensure that costs for which
reimbursement was requested were paid prior to the date of the reimbursement request.
2. Determine whether any interest income was owed to the state agency and either remitted to the agency or
applied against amounts owed by the state agency.
MATCHING
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal
funding is available, the Department can provide up to 50 percent of the non - federal share.
General Aviation Airports
When no federal funding is available, the Department provides up to 80 percent of project costs. When federal
funding is available, the Department can provide up to 80 percent of the non - federal share.
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on- airport revenue-
producing capital improvements. This program is for local match only.
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program.
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