Agenda 09/26/2023 Item #16G 1 (Resolution: Authorize County Manager to execute Airport Improvement Program)09/26/2023
EXECUTIVE SUMMARY
Recommendation to approve the attached resolution that approves and authorizes the County Manager to
execute Airport Improvement Program (AIP) Grant Agreement number 3-12-0142-017-2023 in the amount
of $900,798 and Airport Infrastructure Grant (AIG) Agreement number 3-12-0142-018-2023 in the amount
of $891,000 with the Federal Aviation Administration (FAA); to approve and authorize the chairman to
execute an amendment to Public Transportation Grant Agreement (PTGA) number G2861 with the Florida
Department of Transportation (FDOT) increasing FDOT’s participation by $1,097,962 for the construction
of the county-owned bulk aircraft storage hangar at the Marco Island Executive Airport (MKY); and to
authorize all necessary budget amendments. (Airport Grant Fund 4093, Airport Match Fund 4094, Airport
Capital Fund 4091)
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
OBJECTIVE: To approve accepting grant funding for the construction of the county -owned bulk aircraft storage
hangar at the Marco Island Executive Airport (MKY).
CONSIDERATIONS: The demand for aircraft hangar units far exceeds the current supply. The Airport Authority
currently has fifty-five (55) people on the waiting list for hangar units at the Marco Island Executive Airport
(MKY). The proposed 12,000 sq/ft bulk hangar facility at MKY will greatly benefit the General Aviation
community and increase the financial sustainability of the Airport.
On June 28, 2022, Agenda Item 16G1, the Board of County Commissioners (“Board”), acting as the Collier County
Airport Authority (CCAA), accepted grant funding for the design of the Marco Island Executive Airport Bulk
Hangar through Public Transportation Grant Agreement (PTGA) No G2861 and Federal Aviation Administration
Airport Improvement Program Grant (AIP) 3-12-0142-016-2022. The design plans were completed in March 2023
and the Construction ITB was advertised in April 2023.
On June 13, 2023, Agenda Item 16G1 the Board, acting as the CCAA, approved a submittal of the Bulk Hangar
Construction Phase grant application to the Federal Aviation Administration (FAA) for the Airport Aircraft Hangar
at the Marco Island Executive Airport (MKY) requesting funding to cover approximately fifty percent (50%) of the
project costs. On this agenda item, the Board also authorized the County Manager to accept the FAA grant
agreement due to the short turnaround time limit.
The CCAA received grant offers AIP 3-12-0142-017-2023 in the amount of $900,798 and AIG 3-12-0142-018-
2023 in the amount of $891,000, from the FAA. This amount reflects the FAA’s participation of approximately
fifty percent (50%).
The CCAA has also received a grant agreement amendment to PTGA No. G2861 with the Florida Department of
Transportation (FDOT) that increases FDOT’s participation by $1,097,962. This amount reflects FDOT’s
participation at approximately thirty-two percent (32%). The county’s required match will be $361,593 and
additional local contribution of $145,090, which equates to approximately eighteen percent (18%) of t he estimated
construction project cost. Resolution No. 2022-112 authorizes the chairman to enter into any subsequent
amendments to PTGA No. G2861.
FISCAL IMPACT: The total cost of construction is $3,396,442.41 as summarized in the table below.
Construction Contract $ 3,063,009.41
Post Design Services $ 57,824.00
CEI Services $ 275,609.00
Budget Amendments are necessary to recognize FAA AIP grant revenue in the amount of $900,798, FAA AIG
grant revenue in the amount of $891,000 and FDOT grant revenue in the amount of $1,097,962 within Airport
16.G.1
Packet Pg. 2113
09/26/2023
Grant Fund (4093), Project 33822. Source of funding is the FAA Airport Improvement Program, FAA Bipartisan
Infrastructure AIG and the FDOT Public Transportation Grant. The local match of $361,593 and additional l ocal
contribution of $145,090 is available within Airport Capital Fund (4091) Reserves. Budget amendments are
required to transfer local match related reserves to Airport Match Fund (4094), Project 33822 and to reallocate
reserves related to the additional local contribution within Airport Capital Fund (4091) to Project 33822.
Grant Grant Number FAA Grant FDOT Grant Local Funds
FAA Airport Improvement
Program
3-12-0142-017-2023 $900,798 $50,044 $50,045
FAA Bipartisan Infrastructure
Law-Airport Infrastructure
Grant
3-12-0142-018-2023 $891,000 $39,546 $59,455
FDOT Amendment #1 G2861 N/A $1,008,372 $252,093
Additional Local Contribution N/A N/A N/A $145,090
Total $1,791,798 $1,097,962 $506,683
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for
Board action. -DDP
RECOMMENDATION: To approve the attached resolution that approves and authorizes the County Manager to
execute Airport Improvement Program (AIP) Grant Agreement number 3-12-0142-017-2023 in the amount of
$900,798 and Airport Infrastructure Grant (AIG) Agreement number 3 -12-0142-018-2023 in the amount of
$891,000 with the Federal Aviation Administration (FAA); to approve and authorize the chairman to execute an
amendment to Public Transportation Grant Agreement (PTGA) number G2861 with the Florida Department of
Transportation (FDOT) increasing FDOT’s participation by $1,097,962 for the construction of the county-owned
bulk aircraft storage hangar at the Marco Island Executive Airport (MKY); and to authorize all necessary budget
amendments.
Prepared by: Andrew Bennett, Executive Airports Manager
ATTACHMENT(S)
1. G2861 Amend 01- CAO stamped (PDF)
2. Resolution No. 2023-xxxx (PDF)
3. MKY-SOG-3-12-0142-018-2023-BIL Grant Agreement -signed (PDF)
4. MKY-SOG-3-12-0142-017-2023-AIP Grant Agreement -signed (PDF)
5. [Linked] MKY_G2861_450766-1-94-01_Aircraft_Hangar_Original_PTGA_Fully Executed 8-22-2022
(PDF)
16.G.1
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09/26/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 26490
Item Summary: Recommendation to approve the attached resolution that approves and authorizes the County
Manager to execute Airport Improvement Program (AIP) Grant Agreement number 3-12-0142-017-2023 in the
amount of $900,798 and Airport Infrastructure Grant (AIG) Agreement number 3-12-0142-018-2023 in the amount
of $891,000 with the Federal Aviation Administration (FAA); to approve and authorize the chairman to execute an
amendment to Public Transportation Grant Agreement (PTGA) number G2861 with the Florida Department of
Transportation (FDOT) increasing FDOT’s participation by $1,097,962 for the construction of the county -owned
bulk aircraft storage hangar at the Marco Island Executive Airport (MKY); and to authorize all necessary budget
amendments. (Airport Grant Fund 4093, Airport Match Fund 4094, Airport Capital Fund 4091)
Meeting Date: 09/26/2023
Prepared by:
Title: – Transportation Management Operations Support
Name: Heather Meyer
08/30/2023 4:58 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Community Development Department
Name: Gene Shue
08/30/2023 4:58 PM
Approved By:
Review:
Airport Authority Andrew Bennett Additional Reviewer Completed 08/30/2023 5:09 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 08/31/2023 1:06 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
09/08/2023 3:44 PM
Transportation Management Operations Support Brandy Otero Additional Reviewer Completed
09/11/2023 8:50 AM
Public Transit & Neighborhood Enhancement Darren Hutton Additional Reviewer Completed
09/12/2023 11:28 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/12/2023 9:49 PM
Grants Erica Robinson Level 2 Grants Review Completed 09/13/2023 4:19 PM
Transportation Management Services Department Trinity Scott Transportation Completed
09/18/2023 12:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/18/2023 12:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2023 2:03 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 09/19/2023 10:07 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 09/19/2023 10:31 AM
Grants Therese Stanley Additional Reviewer Completed 09/19/2023 2:40 PM
16.G.1
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09/26/2023
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/20/2023 11:25 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
16.G.1
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DocuSign Envelope lD: 0E2C89BB-3C09-4E97-9086-590837972865
STATE OF FLORIOA DEPARTMEIIT OF TRANSPORTATION
PUBLIC TRANSPORTATION
AMENDMENT TO THE PUBLIC TRANSPORTATION
GRANT AGREEMENT
STRATEGIC
OEVELOPMENT
occ 1ns2o23
Fjnancial Project Number(s)
i cm sesment-phas-sequen.o)
450766-1-94-01
Fund(s)DPTO FLAIR Category
Object Code:
Org. Code:
Vendor Number
Amendment No.
088719
Work Activity Code/Functionl
Federal Number/Federal Award
ldentilication Number (FAIN) - Transit only:
FederalAward Date:
SAM/UEl Number:
215 740100,75'1000
Contract Number:
CFDA Number:
CFDA Title:
CSFA Number:
CSFA Title:
55012020129
vF596000558130
1
N/A
55.004
THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment") is made and entered
inloon-,byandbetweentheStateofFlorida,oepartmentofTransportation
("Department"), and Collier Countv Airoort Authoritv, ("Agency"),collectively referred to as the 'Parties."
RECITALS
WHEREAS, the Department and the Agency on
Transportation Grant Agreement ("Agreement").
8122t2022 (date original Agreement entered) entered into a Public
WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein
NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as
follows:
2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
Aviation
Seaports
Transit
lntermodal
Rall Crossing Closure
Match to Direc't Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
X
X
Page 1 of 6
CAO
Aviation Grant Prooram
G2861
N/A
1. Amendment Description. The project is amended to increase state. local and federal funds in line with costs
associated with the construction Dhase of the oroiect.
3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement:
Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
.Exhibit B1: Deferred Reimbursement Financial Provisions
.Exhibit 82: Advance Payment Financial Provisions
.Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
Exhibit E: Program Specific Terms and Conditions
Exhibit F: Contract Payment Requiremenls
X -Exhibit G: Financial Assistance (Single Audit Act)
'Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
16.G.1.a
Packet Pg. 2117 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
DocuSrgn Enve ope lDi 0E2C89BB-3C09-4E97-9086-590837972865
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
AMENDMENT TO THE PUBLIC TRANSPORTATION
GRANT AGREEMENT
STRATEGIC
OEVELOPIIENT
occ 4/2rt023
.Exhibit l: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
.Additional Exhibit(s):
The Department's participation is X increased/ _ decreased by $1.097,962. The Department agrees to
participate in the Project cost up to the maximum amount of $1.'107.473, and, additionally the Department's
participation in the Project shall not exceed 3a3Z% of the total eligible cost of the Project.
lN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above
AGENCY:
Board of County Commissioners,
Collier County, Florida, acting as
the Collier County Airpod Authority
STATE OF FLORIDA, DEPARTIVIENT OF TRANSPORTATION
By:
Rick Locastro, Chairman Name: John M. Kubler. P.E.
Title: Director of Transoortation Oevelopment
ATTEST:
Crystal K. Kinzel, Clerk
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By:Leg al Reviewr Don C Senior Atto as to le and form
Deputy Clerk
Derek D. Perry
Assistant County Attorney
z3- +PA-0o,qL
By
il
a
e2ot6PagCao
4. Project Cost.
The estimated total cost of the Project is X increased/ _ decreased by $3.231.443 bringing the revised total
cost of the prolect to $3,421.663.
Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreemenl and any
amendmenls thereto shall remain in full force and effect.
Approved as to form and legality:
16.G.1.a
Packet Pg. 2118 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
OocuSign Envelope lD: 0E2C89BB-3C09-4E97-9086-590837972865
STATE O' FLORIOA OEPARIMENI OF IRANSPORiAIION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
STRATEGIC
OEVELOPTiEN'
occ 1t2sl202a
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
B. Estimate of Proiect Costs by Grant Phase:
-Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant
Agreement.
Financial
Management
Number
Fund
Type
FLAIR
Category
State
Fiscal
Year
Object
Cod6
CSFA/
CFDA
Number
CSFA/CFDA Title or
Funding Source
Deacriplion
Funding
Amount
450766-1-94-0'1
450766-1-94-01
450766-1-94-0'1
450766-1-94-01
450766-1-94-01
450766-1-94-01
450766-1-94-01
450766-1-94-01
DPTO
DPTO
LF
LF
DPTO
LF
088719
088719
088719
0887'19
088719
088719
088719
088719
2023
2024
2023
2024
2024
2023
2024
2024
740100
740100
740100
740100
740100
740100
751000
751000
N/A
N/A
N/A
N/A
N/A
N/A
55.004
55.004
N/A
N/A
N/A
N/A
N/A
N/A
Aviation Grant Program
Aviation Grant Proqram
$9,511 .00
$89,590,00
$171,198.00
$1.791.798.00
$89,590.00
$9,s'11 .00
$1,008,372.00
$2s2,093.00
Total Financial Assistance $3,421,663.00
Phasos'Slate Local Totals State Local
'/o
Federal
%
Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Planning $0.00 $0.00 $0.00 s0.00 0.00 0.00 0.00
Environmental/Desi gn/Construction $1,008,372.00 $252.093.00 $0.00 $1,260,465.00 80.00 20.00 0.00
Capital EquipmenV Preventative
Maintenance
s0.00 s0.00 s0.00 $0.00 0.00 0.00 0.00
Match to Direct Federal Funding $99.101.00 $99,101.00 $1.962.996.0
0
$2,161,198.00 4.59 4.59 90.83
Mobility Management
(Transit Onlv)
$0.00 s0.00 $0.00 $0.00 0.00 0.00
Totals $1,107,473.00 $3s1,194.00 $1,962,996.0
0
$3,421,663.00
Scope Code and/or Activity
Line ltem {ALl} (Transit Onlv)
BUDGET/COST ANALYSIS CERTIFICATION AS REAUIRED BY SECTION 216,3475, FLORIDA STATUTES
Page 3 9\6'4C
Federal
0.00
16.G.1.a
Packet Pg. 2119 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
Docusign Envelope lD: 0E2C89BB-3C094E97-9086-590837972865
STAIE OF FLORIDA OEPARIM€NT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
STRATEGlC
OEVELOPMENT
occ 117512023
I certify that the cost for each line item budget calegory (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 2'16.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Dawn Gallon, CPM, FCCI\4
Department Grant Manager Name
I Un -" -t"rt*08/22/2023 | 9:22 AM EDr
\signctrrs*Date
Page 4 olF
Yo
16.G.1.a
Packet Pg. 2120 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
DocuSign Envelope l0i 0E2C8SBB-3C094E97-9086-59083797286s
STATE OF FLORIDA OEPARTM EI{T OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
stRAtE6'6
OEVELOPMENI
occ 112512023
ovo
65Pageoi
16.G.1.a
Packet Pg. 2121 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
EXHIBIT D
RESOLUTION NO. 2022. 1 1 2
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, ACTING
AS THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVING AND
AUTHORIZING THE EXECUTION OF TIIE ATTACHED PUBLIC
TRANSPORTATION GRANT AGRIEMENT (PTGA) G286I AND ALL
SUBSEQUENT AMENDMENTS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION UPON BOARD APPROVAI,
WHEREAS, the Collier County Airport Authority has the authority to enter into the attached
agleement with the Flolida Department of Tlanspoltation to underlake projects as authorized by
Chapter' 332, Florida Statutes, and Chapter l4-60 of the Florida Administrative Code, and Collier
County Ordinance 2004-03.
NOW, THEREFORE, BE iT RESOLVED BY THE Boald of County Commissioners acting
as the Collier County Airport Authority, Collier County, Colliel County, Florida, thatr
Public Tlansportation Grant Agreement (PTCA) NumbeL G2861 for Airporr Ailcraft
Hangar the Marco Island Executive Airport, Financial Management Numbet 450766- 1 -94-
0l attached hereto, is hereby approved.
2. The Chairman of the Board of County Commissioners, acting as the Collier County Airport
Authority, is autholized to enter into, modif, or terminate the above mentioned PTCA
Number G2861 agreement with the Florida Department of Tlansportation unless and until
it may be specifically rescinded,
3, Upon BoaLd apploval, the Chairman ofthe Board ofCounty Commissioners, acting as the
Collier County Airport Authority, is authorized to enter into, modi$ or teminate all
subsequent amendments to PTGA Number C2861 with the Florida Department of
Transporlalion unless and until it may be specifically rescinded.
4, This Resolution shall take effect immediately upon adoption.
ADoPTEDthis 28'A dayof
favor of adoption.
I iD0 oi
NZ dr-,
^.ileqsSi: '
CRiISTAL
2022 after motion, second and majority vote in
UTH ITY
t(
COLLIER COU
wlL AM L. MCDANIEL, CHAIRMAN
By:
tl
t
rm and legality:
a6 t0
silndurt
m
l$-$
o
J
ttornev
16.G.1.a
Packet Pg. 2122 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
DocuSign Enveiope lO: 0E2C89BB-3C09-4897-S086-590437972865
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
STRATEGIC
OEVEIOPMENT
occ 117s12073
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:-
Awarding Agency:
State Projoct Title:
CSFA Number:
*Award Amount:
Florida Department of Transportation
Aviation Grant Program
s5.004
$1,008,372
*The award amount may change with amendments
Specific project information for CSFA Number 55-lqE[ is provided at:httos;//aoDs fl dfs.com/fsaa/searchCataloq.aspx
State Pro,iact Compliance Requirements for CSFA Number 55.0M are provided at
https://apps.fldfs.com/fsaa/searchComoliance.asox
Page6ofS.a
a\t-
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDEO PURSUANT TO THIS
AGREEMENT:
The State Projects Compliance Supplement is provided at: httos://apps.fldfs.com/fsaa/comoliance.asox
16.G.1.a
Packet Pg. 2123 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
To: Oawn,Gallon@dol-state.ll.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2861
8/15t2023
CONTRACT INFORMATION
Conlract:G2861
Conlract Type:GD , GRANT DISBUBSEI\4ENT (GRANI)
Melhod ol Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.)
Vendor Name:COLLIER COUNTY AIRPORT
Vendor lD:F596000558130
Beginnlng Date o, This Agreemenl: aai22i2022
Ending Date ot This Agreement:46/30i2025
Contract Totsl/Budgetary Ceiling: cl - $r ,107.2C3 00
Descriplion:Marco lsland Executive Ailporl Airc.att Hangar
FUNDS APPROVAL INFOBMATION
FUNDS APPHOVED/ REVIEWED FOB ROBIN M. NAITOVE, CPA, COMPTROLLEF ON 8N5/2023
Action:Suppl€m6ntal
Reviewed or Approved:APPROVED
Organ;zation Code 55012020129
Object Cod€:740100
Amount:s1.097,692.00
Financial Project:45076619401
Work Aclivity (FCT)
CFDA:
FiscalYear:2024
Budg€t Enlity:55100100
Calegory/Cateoory Year:088719i24
Amendment lD s001
Sequence 00
User Assign€d lD:
Enc Line (6s)/Stalus:0002,/04
Pagel o, 1
Expansion Option:
TotalAmount: $1,097,692.00
o.{?
16.G.1.a
Packet Pg. 2124 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
To: Oaern.Gallon@dot.state.ll.us
CONTRACT INFORMATION
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2861
4t22t2023
Contract:G2861
Contract Type:GD. GRANT OISBURSEI,IENT (GRANT)
Method ol Procurement:G . GOVERIUENTAL AGENCY (287,057,F,S.)
Vendor Namo:COLLIER COUNTY AIRPORT
Vehdor lD:F596000558130
Beginning Oats o, Thls Agreement: AAi22t2022
Ending Date of This Agreement:06/30/2025
Co,rtract Total/Budgelary Cslling: d = $1 ,107.473 00
Ilescriplion i Marco lsland Execuliv€ Airporl Aircratt Hangar
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/FEVIEWED FOH FOBIN M. NAITOVE, CPA, COMPTBOLLER ON 8/2212023
Action:Suppl€mental
Reviewed or Approved APPROVED
Organization Code:55012020129
Expansion Option:
Object Code 740100
Amounl:$270.00
Financial Projoct:45076619401
Work Activity (FCT)215
CFDAI
Fiscal Year;2024
Budget Entity:55100100
Category/Category Year:088719r24
Amefldment l0:s002
Sequence 00
User Assign€d lD:1
Enc Line (6s)/Status:0003/04
Total Amount: $270,00
Page'1 oi l
ov:)
16.G.1.a
Packet Pg. 2125 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
DocuSign
Certlllcale (X Completion
Env€top€ ld: 0E2C89889C094E979086590837972B65
Subject: Complete with Docusign: MXY_G2861_450766-1_Aircraft Hangar_Amendment No
Conlract Number (ex. CgAt2, oplional): G2861
Oocun€nl Contains Confidential Information?: No
Fin Proj Num (ex.123456-1-32-01, Optional): 450766-1-94-01
Office (conlact Procurement il add is needed):
Aviation
HR Action?: No
Source Envelop€:
Documenl Pages:6 Signaluros: 1
Cedificale Paggs:2 lnitials; 1
AutoNav: Enabled
Envelop€ld Stampingr Enabl€d
Tims Zone: (UTC-05:00) Easlern Time (US & Canada)
Status: Completed
1 Dratt lor Beview.pdf
Becord Tracking
Slatus: Ong na
U22t2423 gt't 4:O1 AM
Signer EventE
Dawn Gallon
dawn.Oallon@dot.stale.f Lus
FDOT Aviation Coordinator
Florida Depanment ol Transportaiion
Security Level: Emaal, Account Aulhentication
(None)
Electronlc Rocord and Slgnature Olsclosurc
Not Ollered via DocuSign
Envelop€ Originator:
Dawn Gallon
605 Suwannee Street
MS 20
Tallahass€e, FL 32399-0450
dawn.gallon@dot.stale.f l.us
lP Address: 156.75.252.6
Location: Docusign
Timestamp
Senl: 8/22/2023 9i21 :25 AM
V iew ed: 8/ 22i2023 g'.21 140 AM
Signed: 8/2212023 9:22:05 AM
Tlm€stamp
Timestamp
Tim$tamp
Tlmostamp
Timestamp
Timestamp
Timestamp
Don Conway
don.conway@dot.stat€.rl.us
Senaor Anomey
Florida D€padment ol Transportation
Security Levelr Email, Accounl Authenication
(None)
Signalure Adoption: Pre-selected Style
Using lP Address: 156.75.252.6
Signalure Adoption: Pre-selecled Style
Using lP Address: 156.75.252.6
e
Signature
Status
Status
Stalus
Status
Status
Signature
Eleclronic Record and Signature Oisclosure:
Not Ollered via Docusign
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Holder: Dav,n Gallon
dawn.gallon@dot.stale.f Lus
Sont: 8/222023 9:22:06 AM
Vi€wed: 8/222023 11:14:46 At\,l
Signed: 8/222023 1:07:06 PM
Slgnature
I [--*. -tr,-lr-.
16.G.1.a
Packet Pg. 2126 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
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ai22!2023 9'.21'.25 AM
8!22t2023 11:14:46 AM
8122t2023 1 :O7 :06 PM
8122/2023 1.O7:06 PM
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16.G.1.a
Packet Pg. 2127 Attachment: G2861 Amend 01- CAO stamped (26490 : Acceptance of FAA and FDOT Grants- MKY Bulk Hangar Construction)
RESOLUTION NO. 2023.
RESOLUTION OF TIIE BOARD OF' COUNTY COMMISSIONERS,
ACTING AS THE COLLII]R COUNTY AIRPORT AUTHORITY,
APPROVING AND AUTHORIZING THE COUNTY MANACER TO
EXECUTE CERTAIN AIRPORT IMPROVEMENT PROGRAM GRANT
AND AIRPORT INFRASTRUCTTIRE GRANT AGREEMENTS WITH THE
FEDE,RAL AVIATION ADMINISTRATION AND ALL SUBSEQUENT
AMENDMENTS UPON BOARD APPROVAL,
WHEREAS, the Collier County Airport Authoriry has the authority to enter into the
attached agreement with the Federal Aviation Administration to undertake projects as authorized
by Chapter 332, Florida Slalules, and Chapter 14-60 of the Florida Administrative Code, and
Collier County Ordinance 2004-03.
NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners,
Collier County, Florida, acting as the Collier County Airport Authority, that:
l. Agreements 3 -12-0142-017 -2023 and3-12-0142-018-2023 for the Marco Island Executive
Airport Bulk Hangar Construction, attached hereto, are hereby approved.
2. The County Manager, acting as and on behalf the Collier County Airport Authority, is
authorized to enter into, modi$, or terminate the above-mentioned Airport Improvement
Program Grant and Airpo( Infrastructure Grant agreements with the Federal Aviation
Administration unless and until such authority is specifically rescinded.
ADOPTED this _ day of
majority vote in favor of adoption.
2023 aftcr motion, second, and
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
BOARD OF COLTNTY COMMISSIONERS,
COLLIER COLINTY, FLORIDA, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY
Ilv:
Rick LoCastro, Chairman
[23-APA-00542/181 r 544/ I I Pagc I of 1 CAO
3. Upon Board approval, the County Manager, acting as and on behalf of the Collier County
Airport Authority, is authorized to enter into, modifu, or terminate all subsequent
amendments with the Federal Aviation Administration unless and until such authority is
specifically rescinded.
4. This Resolution shall take effect immediately upon adoption.
16.G.1.b
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DocuSlgn Envelope ID: 1EF686AE-A625-46A4-BD08-1D109EB618D5
Financial Proiect Number(s): (ilem-segment-ph8'e-sequence)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT
Form 725-000-01 STRATEGIC DEVELOPMENT OGC 04122
Fund(s): DPTO FLAIR Category: 088719
450766-1-94-01 Work Activity Code/Function: 215 Object Code:
Federal Number/Federal Award Org. Code:
----------Identification Number (FAIN) -Transit only: NIA Vendor Number:
740100
55012020129
vF596000558130
Contract Number:
CFDA Number:
CFDATitle:
CSFA Number:
CSFATitle:
G2861
N/A
N/A
Federal Award Date: ..,,.N""/A.-----
Agency SAM/UEI Number:
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
____________ _, by and between the State of Florida, Department of Transportation,
("Department"), and Collier County Airport Authority, ("Agency"). The Department and the Agency are
sometimes referred to in this Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1.Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attachedas Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007,
Florida Statutes, to enter into this Agreement.
2.Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Marco Island Executive Airport Aircraft Hangar, as further described in Exhibit "A", ProjectDescription and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide
Department financial assistance to the Agency, state the terms and conditions upon which Department
funds will be provided, and to set forth the manner in which the Project will be undertaken and
completed.
3.Program Area. For identification purposes only, this Agreement is implemented as part of the Departmentprogram area selected below (select all programs that apply):
Aviation
Seaports Transit
lntermodal
Rall Crossing Closure Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4.Exhibits. The following Exhibits are attached and incorporated into this Agreement:
Exhibit A: Project Description and Responsibilities Exhibit 8: Schedule of Financial Assistance
*Exhibit 81: Deferred Reimbursement Financial Provisions*Exhibit 82: Advance Payment Financial Provisions
*Exhibit C: Terms and Conditions of ConstructionExhibit D: Agency ResolutionExhibit E: Program Specific Terms and ConditionsExhibit F: Contract Payment Requirements*Exhibit G: Audit Requirements for Awards of State Financial Assistance
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
,i
., .
Page 1 of.39...
2S
X
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
8/22/2022 | 5:30 PM EDT
DocuSign Envelope ID: 1EF686AE-A625-46A4-BDOB-10109EB618O5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
� *Additional Exhibit(s): !
*Indicates that the Exhibit Is only attached and incorporated if applicable box is selected.
Form 726--000-oi STRATEGIC
DEVELOPMENT
OGCO<l/22
5.Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6.Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through June 30, 2025. If the Agency does not complete the Project within this timeperiod, this Agreement will expire unless an extension of the time period is requested by the Agency and
granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreementwill be considered termination of the Project. The cost of any work performed prior to the Effective Date
or after the expiration date of this Agreement will not be reimbursed by the Department.
a._ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of_,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project Involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7.Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without theprior written consent of the Department.
8.Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a.Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty (30) days prior to the termination of the Agreement, with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b.The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c.If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d.In the event the Agency fails to perform or honor the requirements and provisions of thisAgreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department tohave been expended in violation of the Agreement.
e.The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9.Project Cost:
Paae 2 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSlgn Envelope ID: 1EF686AE-A625-46A4-BD08-1D109EB618D5
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 726-000-01 STRATEGIC DEVELOPMENT OGC 04/22
a.The estimated total cost of the Project is $190,220. This amount is based upon Exhibit "B",
Schedule of Flnanclal Assistance. The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Flnanclal Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b.The Department agrees to participate in the Project cost up to the maximum amount of $9,511
and, the Department's participation in the Project shall not exceed 5.00% of the total eligible
cost of the Project and as more fully described in Exhibit "B", Schedule of FinancialAssistance. The Agency agrees to bear all expenses in excess of the amount of the
Department's participation and any cost overruns or deficits involved.
10.Compensation and Payment:
a.Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit 11 8", Schedule of Financial Assistance.
b.Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units ofdeliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responslbllltles requires a formal written
amendment.
c.Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detailsufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, andverifiable deliverables as established in Exhibit "A", Project Description and
Responslblllties. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d.Supporting Doc umentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responslbllltles has been met. All costs invoiced shall be supported by properly executed
payrolls, time rec ords, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
e.Travel Expenses. The selected provision below is controlling regarding travel expenses:
� Travel expenses are NOT eligible for reimbursement under this Agreement.
_ Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travelexpenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
Paae 3 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1 EF686AE-A625-46A4-BO08-1 D109EB618D5
STA TE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 726-000-01
STRATEGIC
DEVELOPMENT
OGC 04/22
f.Flnanclal Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency Is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the Department. The Agency shall, withrn thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable. deficiencies, or contract non
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g.Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department ofFinancial Services. The 20 days are measured from the latter of the date the invoice Is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to theinvoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency 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 Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The VendorOmbudsman may be contacted at (850) 413-5516.
h.Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. 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 records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performingwork on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I.Progress Reports. Upon request, the Agency agrees to provide progress reports to theDepartment in the standard format used by the Department and at intervals established by theDepartment. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j.Submission of 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 "E", Program Specific Terms and Conditions attached toand incorporated into this Agreement.
Paae4 of 39 04? DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSlgn Envelope ID: 1EF686AE-A625-46A4-BD0B-1D109EB618D5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01 STRATEGIC DEVELOPMENT OGC04/22
k.Offsets for Clalms. 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 agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I.Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m.Department's Performance and Payment Contingent Upon Annual Appropriation by theLeglslature. The Department's performance and obligation to pay under this Agreement Is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is In multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
appr oval being received. The Department will notify the Agency, in writing, when funds are
available.
n.Limits on Contracts Exceeding $25,000 and Term more than 1 Year. 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o.Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify allinformation at a later date by audit or investigation.
p.Non-Eligible Costs. In determining the amount of the payment, the Department will excludeall Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibllltles, and as set forth in Exhibit 11B", Schedule of FinancialAssistance, costs agreed to be borne by the Agency or its contractors and subcontractors fornot meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
Paae 5 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1EF686AE-A625-46A4-B008-1D109EB61805
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
FOfTTI 726-000-01 STRATEGIC DEVELOPMENT OGC 0-4/22
In writing by the Department. Specific unallowable costs may be listed In Exhibit "A", Project
Description and Responsibllltles.
11.General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a.Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b.Right-of-Way Certification. If the Project involves construction, then the Agency shall provide
to the Department ce_rtification and c\ copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c.Notification Requirements When Performing Construction on Department's Right-of
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
I.Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
II.Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d._ If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e._ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
. I. _ Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate) .
. II. _ Agency has selected to apply a de mini mus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
Ill. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f.Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and s.ubcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g.Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
Paoe 6 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSlgn Envelope ID: 1 EF686AE·A625-46A4-BD08-1D109EB618D5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000--01 STRATEGIC DEVELOPMENT OGCCM/22
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12.Contracts of the Agency:
a.Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agencyexecutes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and theAgency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment ofthe same. If Federal Transit Administration (FT A) funds are used In the Project, the
Department must exercise the right to third party contract review.
b.Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project Involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution, Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c.Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d.Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree toensure that DBEs have the opportunity to participate in the performance of this Agreement.In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEshave the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13.Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
Paae 7 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSlgn Envelope ID: 1EF686AE-A625·46A4-BD08-1D109EB618D5
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form725-400-01 STRATEGIC
DEVELOPMENT OOC04122
a.The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14.Sale, Transfer, or Disposal of Department-funded Property:
a.The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b.If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
I.The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii.The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
Ill. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv.If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c.The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
I.The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
II.There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15.Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a.In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
Paae 8 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1EF686AE-A625-46A4-B008-10109EB61805
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01 STRATEGIC
DEVELOPMENT
OGC 04122
Inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
b.The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F -Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i.In the event the Agency expends a total amount of Federal awards equal to or inexcess of the thre shold established by 2 CFR Part 200, Subpart F -Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year In accordance with the provisions of 2 CFR Part 200,
Subpart F -Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F -Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance withthe guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F -Audit Requirements, will meet the
requirements of this part.
ii.In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F -Audit Requirements.
Ill. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F -Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency ·expends
less than the threshold established by 2 CFR Part 200, Subpart F -Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit
Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
Iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census,gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F -Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F -Audit Requirements. However, the Department requires a copy of the audit reportingpackage also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F -Audit Requirements.
v.Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely andappropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to.have an
Paae 9 of39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
OocuSlgn Envelope ID: 1EF686AE--A625-46A4-BDOB-1D109EB61805
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Fonn 728-000-01 STRATEGIC DEVELOPMENT OOC04/22
audit conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,
the Department may inipose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedieci by imposing additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1.Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;2.Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;3.Wholly or partly suspend or terminate the Federal award;
4.Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);5.Withhold further Federal awards for the Project or program;
6.Take other remedies that may be legally available.
vi.As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii.The Department's contact information for requirements under this part is as follows:
State Funded:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
a.In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, includingreviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when thosefindings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,or audits deemed necessary by the Department, the Department of Financial Services (DFS),or State of Florida Auditor General.
b.The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipientof state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
I.In the event the Agency meets the audit threshold requirements established bySection 215.97, Florida Statutes, the Agency must have a State single or project
specific audit conducted for such fiscal year In accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; andChapters 10.550 (local governmental entities) or 10.650 {nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for
Awards of State Flnanclal Assistance, to this Agreement indicates state financial
Paae 10 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
OocuSlgn Envelope 10: 1 EF686AE·A625-46A4-BD08·10109EB61805
STA TE OF FLORIDA DEPARTMENT OF TRANSPORTA TlON PUBLIC TRANSPORTATION
GRANT AGREEMENT
F«m 725-000-01 STRATEGIC DEVELOPMENT OGC CW22
assistance awarded through the Department by this �greement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies, and other nonstate entitles. State financial assistance does not include Federal direct
or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
II.In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
Ill. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department atFDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
Iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the. Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
v.
vi.
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street Tallahassee, Florida 32399-0405
FDOTSingleAudit@dot.state. fl. us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt@aud.state. fl. us
Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.
Paae 11 of 39 ~') 0 DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
OocuSlgn Envelope ID: 1EF686AE-A625·46A4-B008-1D109EB61805
STA TE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01 STRATEGIC DEVELOPMENT OGC 04/22
vii.Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, Including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financialassistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii.As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c.The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are madeavailable to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16.Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17.Restrictions, Prohibitions, Controls and Labor Provisions:
a.Convicted Vendor List. 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 provideany 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 nottransact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b.Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entityor affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for theconstruction 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.
c.Non-Respons ible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Departmentto be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d.Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreementmay be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
Pai:ie 12 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope 10: 1EF686AE-A625-46A4-B008-1D109EB618D5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 726-000-01 STRATEGIC
DEVELOPMENT OOC04/'22
e.Unauthorized Allens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause forunilateral cancellation of this Agreement.
f.Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, FloridaStatutes.
g.E-Verlfy. The Agency shall:
I.Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
II.Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h.Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which
the Department must form a sole-source, public-private agreement; or through contract or
other agreement with the State, annually receives 50% or more of its budget from the State orfrom a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall includesalary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real-property gifts, and any other payout. The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
State and/or Federal allocations to the Agency. Annual Reports shall be in the form approvedby the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
I.Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
in Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18.Indemnification and Insurance:
a.It is specifically agreed between the Parties executing this Agreement that it is not intendedby any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claimsfor materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, theAgency shall indemnify, defend, and hold harmless the State of Florida, Department of
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STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 721-4100-o1 STRATEGIC DEVELOPMENT OGC 04/22
Transportation, including the Department's officers and employees, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused
by the negllgence, recklessness, or intentional wrongful misconduct of the Agency and
persons employed or utilized by the Agency In the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's
or the Agency's sovereign immunity. This indemnification shall survive the termination of this
Agreement. Additionally, the Agency agrees to include the following indemnification in all
contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement."
b.The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that thesubcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, soleproprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c.If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
Insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 foreach occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coveragedescribed herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to aRetention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of theAgreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting thecoverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/les,
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STA TE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01 STRATEGIC DEVELOPMENT OGC 04/22
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department ·may have. d.When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewalperiods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e.When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19.Miscellaneous:
a.Envlronmental Regulations. The Agency will be solely responsible for compliance with allapplicable environmental regulations and for any liability arising ·from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b.Non-Admission of Liability. 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.
c.Severabllity. If any provision of this Agreement is held invalid, the remainder of thisAgreement shall not be affected. In such an Instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d.Agency not an agent of Department. The Agency and the Department agree that theAgency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e.Bonus or Commission. By execution of the Agreement, the Agency represents that it hasnot 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.
f.Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 726--000-01 STRATEGIC DEVELOPMENT OGC04122.
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so 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.
g.Execution of Agreement. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h.Federal Award Identification Number (FAIN). If the FAIN is not available prior to executionof the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
I.Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j.Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any disputeunder this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. William L. McDaniel, Jr., Chairman Name: John M. Kubler1 P.E.
Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
Don Conwa
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By:
ST TE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
~ Y, Senior Attorney (As to legality and form) LJc_
·. stifto
s~iute,on1y.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBIT A
Project Description and Responslbllltles
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC03122
A.Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): Marco Island Executive Airport Aircraft Hangar
B.Project Location (limits, city, county, map): Marco Island Executive Airport/Naples, FUCollier
C.Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but Is not limited to
consultant and design fees, survey and geotechnical costs, permitting, environmental compliance, constructioninspection, engineering, and material testing costs, mobilization and demobilization, equipment staging, maintenance
of traffic, erosion control, demolition, site stabilization, pavement (aircraft apron/ramp, access roadways, vehicleparking, and sidewalks), drainage, utilities, primary and back-up power generation systems, building (foundation,
siding, doors, structure, roof, MEP, drainage, and fire prevention, suppression, and protection), hydraulic systems,
pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), low voltage
infrastructure, and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required
to complete the aircraft box hangar project.
D.Dellverable(s): Marco Island Executive Airport Aircraft Hangar
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accompllshed incremental progress and costs incurred by the Agency.
E.Unallowable Costs (including but not limited to):
F.Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
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i
I 1
I
Ii
I
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I
I L_
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC .TRANSPORTATION
GRANT AGREEMENT EXHIBITS
E:XHIBIT B
Schedule of Flnanclal Assistance
Form 726-000-02 STRATEGIC DSVELOPMENT ·OGC 03122
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT.TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A.Fund Type and Fiscal Year:
Financial Management Number
450766-1-94-01
450766-1-94-01
450766-1-94-01
Fund.
Type
DPTO
FAA
LF
FLAIR Category
088719
088719
088719
State Object
Flscal Code Year
2023 740100
2023 740100
2023 740100
B.Estimate of Project Costs by Grant Phase:
Phases* State Local
Land Acquisition $0.00 $0,00
Planning $0.00 $0.00
Environmental/Design/Construction $0.00 $0.00
Capital EquipmenV Preventative $0.00 $0.00 Maintenance
Match to Direct Federal Funding $9,511.00 $9,511.00
Mobility Management $0.00 $0.00
(Transit Only)
·:Totals:,.·:.\··• .. :,:::•::_;::::-.'.'-::· ···•.:-.,::::<:·.'•::.:·'C.·:·.·•.·.•.·•.• <:'$9 s11 :oo•'•:• ·. '" $9,511 ;oo ·.·
CSFA/ CFDA
Number N/A
NIA
N/A
Federal
$0.00
$0.00
$0.00
$0.00
$171,198.00
$0.00
$171 198.00 :.
CSFA/CFDA Title or
Funding Source. Description
Totals
N/A.
NIA
N/A
$0.00
·$0.00
$0.00
$0.00
$190,220.00
$0.00
$190 220:00 ,•
State
%
0.00
0.00
0.00
0.00
5.00
0.00
•·,. ·.-:.:•::.,.-:_:.
Funding
Amount
$9,511.00
$171,198.00
$9 511.00
Local Federal
% %
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
5.00 90.00
0,00 0.00
':'.i:/:i'.'.'.'::'.':'.:'-'-'·: ::\::.-:_:.�:\:.-'\ ·. � .. ·.
*Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant
Agreement.
BUDGET/COST ANALYSIS CERTI FICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Dawn Gallon, CPM, FCCM
Department Grant Manager Name
6/8/2022 I 2:02 PM EDT
Date
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STATE OF FLORIDA Dl!PARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBITC
TERMS AND CONDITIONS OF CONSTRUCTION
1.Design and Construction Standards and Required Approvals.
Form 726-000-02 STRATl!GIC DEVELOPMENT
OGC 03122
a.The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project. The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design-build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b.Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non-construction phases of the Project. If the Project
involves a construction phase, the Agency shall not begin the construction phase of the Project
until the Department issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, the Agency shall request a
Notice to Proceed from the Department's Project Manager, Dawn Gallon, CPM, FCCM (email:dawn.gallon@dot.state.fl.us) or from an appointed designee. Any construction phase work
performed prior to the execution of this required Notice to Proceed is not subject to
reimbursement.
c.The Agency will provide one (1) copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction
of the Project.
d.The Agency shall require the Agency's contractor to post a payment and performance bond
in accordance with applicable law(s).
e.The Agency shall be responsible to ensure that the construction work under this Agreement
is performed in accordance with the approved construction documents, and that the
construction work will meet all applicable Agency and Department standards.
f.Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department in writing of the completion of construction of the Project; and for all design workthat originally required certification by a Professional Engineer, this notification shall contain
an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the
form of which is attached to this Exhibit. The certification shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans or specifications, the certification shall include
a list of all deviations along with an explanation that justifies the reason to accept eachdeviation.
2.Construction on the Department's Right of Way. If the Project involves construction on the
Department's right-of-way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right-of-way:
a.The Agency shall hire a qualified contractor using the Agency's normal bid procedures toperform the construction work for the Project. The Agency must certify that the installation of
the Project is completed by a Contractor prequalified by the Department as required by Section2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless
otherwise approved by the Department in writing or the Contractor exhibits past project
experience in the last five years that are comparable in scale, composition, and overall quality
to the site characterized within the scope of services of this Project.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 721.()0�2 STRATEGIC DEVELOPMENT OGC 03/22
b.Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a
Department prequalified consultant firm including one individual that has completed theAdvanced Maintenance of Traffic Level Training, unless otherwise approved by the
Department in writing. The CEI staff shall be present on the Project at all times that the
contractor is working. Administration of the CEI staff shall be under the responsible charge of
a State of Florida Licensed Professional Engineer who shall provide the certification that alldesign and construction for the Project meets the minimum construction standards established
by Department. The Department shall approve all CEI personnel. The CE! firm shall not be
the same firm as that of the Engineer of Record for the Project. The Department shall havethe right, but not the obligation, to perform independent assurance testing during the course
of construction of the Project. Notwithstanding the foregoing, the Department may issue a
written waiver of the CEI requirement for portions of Projects involving the construction of bus
shelters, stops, or pads.
c.The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department
Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following
guidelines shall apply as deemed appropriate by the Department: the Department StructuresDesign Manual, MSHTO Guide Specifications for the Design of Pedestrian Bridges, MSHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book"), and the Department Traffic Engineering Manual. The Agency will be required
to submit any construction plans required by the Department for review and approval prior toany work being commenced. Should any changes to the plans be required during construction
of the Project, the Agency shall be required to notify the Department of the changes and
receive approval from the Department prior to the changes being constructed. The Agency
shall maintain the area of the Project at all times and coordinate any work needs of theDepartment during construction of the Project.
d.The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction
be suspended for more than 5 working days. The Department contact person for construction
is_.
e.The Agency shall be responsible for monitoring construction operations and the maintenance
of traffic (MOT) throughout the course of the Project in accordance with the latest edition of
the Department Standard Specifications, section 102. The Agency is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards, Index
600 series. Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
f.The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resc;,lved directly with the applicable utility.
g.The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h.It is hereby agreed by the Parties that this Agreement creates a permissive use only and allimprovements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shalloperate to create or vest any property right to or in the Agency, except as may otherwise be
provided in separate agreements. The Agency shall not acquire any right, title, interest or
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 715-000-02 STRATEGIC DEVELOPMENT OGC 03/22
estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S.
I.The Agency shall not cause any liens or encumbrances to attach to any portion of theDepartment's property, including but not limited to, the Department's right-of-way.
j.The Agency shall perform all required testing associated with the design and construction of
the Project. Testing results shall be made available to the Department upon request. The
Department shall have the right to perform its own independent testing during the course of
the Project.
k.The Agency shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the
terms and provisions of this Agreement and all applicable federal, state, local, administrative,
regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time
to time, including, but not limited to, those of the Department, applicable Water Management
District, Florida Department of Environmental Protection, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
I.If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediatelyhave any potential hazards removed from its right-of-way at the sole cost, expense, and effort
of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
m.The Agency shall be responsible to maintain and restore all features that might require
relocation within the Department right-of-way.
n.The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o.The acceptance procedure will include a final "walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as-built plans and an engineering certification that construction was
completed in accordance to the plans. Submittal of the final as-built plans shall include one
complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy
prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, t.he
Agency shall remove its presence, including, but not limited to, all of the Agency's property,
machinery, and equipment from Department right-of-way and shall restore those portions ofDepartment right of way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project.
p.If the Department determines that the Project is not completed in accordance with theprovisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's
written notice, or such other time as the Agency and the Department mutually agree to inwriting, to complete the Project and provide the Department with written notice of the same(the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or
if it is determined that the Project is not properly completed after receipt of the Notice of
Completion, the Department, within its discretion may: 1) provide the Agency with written
authorization granting such additional time as the Department deems appropriate to correctthe deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02 STRATEGIC DEVELOPMENT ooco:1122
without Department liability to the Agency for any resulting loss or damage to property,
including, but not limited to, machinery and equipment. If the Department elects to correct the
deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred
by the Department and the Agency shall pay the invoice within thirty (30) days of the date of
the invoice.
q.The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the constructionof the Project.
r.Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It Is the responsibility of the Agency to locate
and avoid damage to these sites. If a PTMS or TIMS is encountered during construction, the
Department must be contacted immediately.
s.During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, it should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act (ADA) standards.
t.Restricted hours of operation will be as follows, unless otherwise approved by the
Department's District Construction Engineer or designee (insert hours and days of the week
for restricted operation):
u.Lane closures on the state road system must be coordinated with the Public Information Officeat least two weeks prior to the closure. The contact information for the Department's Public
Information Office is:
Insert District PIO contact Info:
Note: (Highlighted sections indicate need to confirm Information with District Office or
appropriate DOT person managing the Agreement)
3.Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable
Engineer's Certification of Compliance to the Department upon completion of the construction phase
of the Project.
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DocuSign Envelope ID: 1EF686AE•A625-46A4-BD08-10109EB618D5
STA TE OF FLORIOA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
ENGINEER'S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and ________________ _
Form 72f-000-02 STRATEGIC DEVELOPMENT
OGC03122
PROJECT DESCRIPTION: ______________________ _
DEPARTMENT CONTRACT NO.: _____________________ _
FINANCIAL MANAGEMENT NO.: _____________________ _
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed in
compliance with the Project construction plans and specifications. If any deviations have been made from the
approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each
deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish
the Department a set of "as-built" plans for construction on the Department's Right of Way certified by the
Engineer of Record/CE!.
By: ____________ ___._-'-P=.E.
SEAL: Name: _____________ _
Date:
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DocuSlgn Envelope ID: 1EF686AE-A625-46A4-B006-10109EB616D5
STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBITD
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Form 725-000.02 STRATEGIC DEVELOPMENT ooc 03122
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A.General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBITE
PROGRAM SPECIFIC TERMS AND CONDIT IONS -AVIATION
AVIATION PROGRAM ASSURANCES
Form 725--000-02 STRATEGIC DEVELOPMENT OGC 03/22
1.The assurances herein shall form an integral part of the Agreement between the Department and the Agency.
2.These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and
compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit
"B", Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports
and the continued viability of the Florida Aviation System.
3.The Agency shall comply with the assurances as specified in this Agreement.
4.The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a
facility developed; equipment acquired; or Project items installed within a facility for an airport development or
noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.
5.There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights
and Airport Revenue so long as the property is used as a public airport.
6.There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real
property acquired with funds provided by this Agreement.
7.Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project
under the terms of this Agreement, until such time as the Department may determine that the Agency has failed
to comply with the terms and assurances of this Agreement.
8.An Agency that has been determined by the Department to have failed to comply with either the terms of theseAssurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, Identifying
the specifics of the non-compliance and any corrective action by the Agency to remedy the failure.
9.Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued
financial commitment to this Project and immediately require the Agency to repay the Department the full amount
of funds expended by the Department on this Project:
10.Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's
eligibility for further state funding of airport projects by the Department.
B.Agency Compliance Certification.
1.General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its
authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as
well as Department policies. guidelines, and requirements, including but not limited to, the following (latest
version of each document):
a.Florida Statutes (F.S.)•Chapter 163, F.S., Intergovernmental Programs
Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports•Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce•Chapter 332, F.S., Airports and Other Air Navigation Facilities
Chapter 333, F.S., Airport Zoning
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTA TlON PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
b.Florida Administrative Code (FAC)
Form 726-000-02 STRATEGIC DEVELOPMENT ooc 03/22
•Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments•Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection•Section 62-256.300, FAC, Open Burning, Prohibitions•Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport
Safety
c.Local Government Requirements
Airport Zoning Ordinance
Local Comprehensive Plan
d.Department Requirements•Eight Steps of Building a New Airport•Florida Airport Revenue Use Guide
Florida Aviation Project Handbook
Guidebook for Airport Master Planning
Airport Compatible Land Use Guidebook
2.Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all
design plans and specifications will comply with applicable federal, state, local, and professional standards, as
well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto,
including but not limited to, the following:
a.Federal Requirements•FAA AC 70/7460-1, Obstruction Marking and Lighting•FAA AC 150/5300-13, Airport Design
FAA AC 150/5370-2, Operational Safety on Airports During Construction
FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b.Local Government Requirements
Local Building Codes
Local Zoning Codes
c.Department Requirements•Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the "Florida Green Boo k")
Manual on Uniform Traffic Control Devices
Section 14-60.007, FAC, Airfield Standards for Licensed Airports•Standard Specifications for Construction of General Aviation Airports•Design Guidelines & Minimum Standard Requirements for T-Hangar Projects
3.Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and/or state policies, regulations, and laws, including but not limited to the following:
a.Federal Requirements
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 •National Environmental Policy of 1969•FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects•FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b.Florlda Requirements•Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
Section 286.23, F.S., Public Business: Miscellaneous Provisions
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STATE OF FLORIDA Ol!PARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
C.Agency Authority.
Form 726-000-02 STRATEGIC DeVELOPMENT OGC03/22
1.Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority toenter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly
adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including
assurances contained therein, and directing and authorizing the person identified as the official representative
of the governing body to act on its behalf wifh respect to this Agreement and to provide any additional information
as may be required.
2.Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds
available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida;
that it has sufficient funds available to assure future operation and maintenance of items funded by this Project,
which it will control; and that authority has been granted by the airport sponsor governing body to commit those
funds to this Project.
D.Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following
responsibilities:
1.Accounting System.
a.The Agency shall create and maintain a separate account to document all of the financial transactions
related to the airport as a distinct entity.
b.The accounting records shall be kept by the Agency or its authorized representative in accordance with
Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit
in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act.
c.The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice.
2.Good Title.
a.The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
b.For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holdsgood title, satisfactory to the Department, to that portion of the property upon which state funds will be
expended, or gives assurance, satisfactory to the Department, that good title will be obtained.
3.Preserving Rights and Powers.
a.The Agency shall not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms and assurances of this Agreement without the written
approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in amanner acceptable to the Department, any outstanding rights or claims of right of others which wouldinterfere with such performance by the Agency.
b.If an arrangement is made for management and operation of the airport by any entity or person other thanthe Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensurethat the airport will be operated and maintained in accordance with the terms and assurances of this
Agreement.
4.Hazard Removal and Mitigation.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-G2 STRATEGIC DEVELOPMENT OGC 03122
a .. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal
airspace required for instrument and visual operations at the airport (Including established minimum flight
altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
b.For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the
governing public authority or private land owner of the property to clear and protect terminal airspace
required for instrument and visual operations at the airport (including established minimum flight altitudes)by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards. The Agency may enter into an
agreement with surrounding property owners or pursue available legal remedies to remove potential hazards
·to air navigation.
5.Airport Compatible Land Use.
a.The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03,
F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of
an airport zoning ordinance or execution of an interlocal agreement with another local government body
having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S.
b.The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural
or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of
airport operations.
c.The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation orexpansion of airport incompatible land use areas.
6.Consistency with Local Government Plans.
a.The Agency assures the Project is consistent with the currently existing and planned future land usedevelopment plans approved by the local government having jurisdictional responsibility for the area
surrounding the airport.
b.The Agency assures that it has given fair consideration to the interest of local communities and has had
reasonable consultation with those parties affected by the Project.
c.The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the
current, approved Airport Master Plan into the local government comprehensive plan.
7.Consistency with Airport Master Plan and Airport Layout Plan.
a.The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent
with the most current Airport Master Plan.
b.The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistentwith the most current, approved Airport Layout Plan (ALP}, which shows:
1)The boundaries of the airport and all proposed additions thereto, together with the boundaries of alloffsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto;2)The location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities; and
3)The location of all existing and proposed non-aviation areas on airport property and of all existingimprovements thereon.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 03122
c.The Agency assures that it will not make or permit any changes or alterations on the airport or any of its
facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by theDepartment.
d.Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification
thereof, will be subject to the approval of the Department.
8.Airport Financial Plan.
a.The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish
the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan
and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must
comply with the following conditions:
1)The Airport financial plan will be a part of the Airport Master Plan.
2)The Airport financial plan will realistically assess project phasing considering availability of state and
local funding and likelihood of federal funding under the FM's priority system.
3)The Airport financial plan will not include Department funding for projects that are inconsistent with
the local government comprehensive plan.
b.All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the
Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website.
9.Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital
improvement or operating costs of the airport; the local airport system; or other local facilities which are owned
or operated by the owner or operator of the airport and which are directly and substantially related to the air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport.
10.Fee and Rental Structure.
a.The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport
that it will make the airport as self-sustaining as possible under the circumstances existing at the particularairport.
b.If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures
that the price charged for that facility will be based on the market value.
11.Public-Private Partnership for Aeronautical Uses.
a.If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airportproperty for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner
or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and
conditions on the facility as the airport owner or operator may impose, subject to approval by the Department.
b.The price charged for said lease will be based on market value, unless otherwise approved by theDepartment.
12.Economic Nondiscrimination.
a.The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
1)The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met
by all users of the airport as may be necessary for the safe and efficient operation of the airport.0
(.;�
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-IIOO.OZ STRATEGIC OEVELOPMENT OGC 03/ZZ
2)The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if
such action is necessary for the safe operation of the airport or necessary to serve the civil aviationneeds of the public.
b.The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of
such airport and utilizing the same or similar facilities.
13.Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway
extension, or ·runway location will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards.
14.Operations and Maintenance.
a.The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users
of the airport, shall be operated at all times In a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable federal and state agencies for
maintenance and operation, as well as minimum standards established by the Department for State of
Florida licensing as a public-use airport.
1)The Agency assures that it will not cause or permit any activity or action thereon which wouldinterfere with its use for airport purposes.
2)Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical
purposes must first be approved by the Department.
3)The Agency assures that it will have arrangements for promptly notifying airmen of any condition
affecting aeronautical use of the airport.
b.Nothing contained herein shall be construed to require that the airport be operated for aeronautical useduring temporary periods when adverse weather conditions interfere with safe airport operations.
15.Federal Funding Ellglblllty.
a.The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and
it will avoid any action that renders the airport ineligible for federal funding.
b.If the Agency becomes ineligible for federal funding of airport projects, such determination will render the
Agency ineligible for state funding of airport projects.
16.Project Implementation.
a.The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project
within one year after the effective date of this Agreement.
b.The Agency may request a one-year extension of this one-year time period, subject to approval by the
Department District Secretary or designee.
c.Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow
the Department to terminate this Agreement.
17.Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any
person providing, or intending to provide, aeronautical services to the public.
18.Airfield Access.
a.The Agency assures that it will not grant or allow general easement or public access that opens onto or
crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency
v�
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Fonn 7211.()01).02
STRATEGIC
DEVELOPMENT
OGC 03/22
equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing
systems, including but not limited to flight operations, ground services, emergency services, terminal
facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard
airport daily services or during special events at the airport open to the public with limited and controlled
access.
b.The Agency assures that it will not grant or allow general easement or public access to any portion of the
airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency
without prior Department approval.
19.Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the real property shown as airport owned or controlled on the current
airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate,waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements
or avigation easements on any property, airport or non-airport, without prior written approval by the Department.
These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes.
20.Consultant, Contractor, Scope, and Costs.
a.The Department has the right to disapprove the Agency's employment of consultants, contractors, and
subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors
have a record of poor project performance with the Department.
b.Further, the Department maintains the right to disapprove the proposed Project scope and cost of
professional services.
21.Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will:
a.Execute the project per the approved project narrative or with approved modifications.
b.Furnish the Department with such periodic project and work activity reports as indicated in the approvedscope of services.
c.Make such project materials available for public review, unless exempt from public disclosure.
1)Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 F.S.
2)No materials prepared under this Agreement shall be subject to copyright in the United States or
any other country.
d.Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
e.If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto,it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth
of the airport and the Agency will comply with the Department airport master planning guidebook, including:
1)Provide copies, in electronic and editable format, of final Project materials to the Department,
including computer-aided drafting (CAD) files of the Airport Layout Plan.2)Develop a cost-feasible financial plan, approved by the Department, to accomplish the projectsdescribed in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto.
The cost-feasible financial plan shall realistically assess Project phasing considering availability ofstate and local funding and federal funding under the FAA's priority system.
3)Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement
Program (JACIP).
f CJ
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STA TI! OF R.ORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 726..Q()(Ml2 STRATl!GIC
DEVELOPMENT
OGC 03/22
f.The Agency understands and agrees that Department approval of this Agreement or any planning material
developed as part of this Agreement does not constitute or imply any assurance or commitment on the part
of the Department to approve any pending or future application for state aviation funding.
g.The Agency will submit master planning draft and final deliverables for Department and, if required, FM
approval prior to submitting any invoices to the Department for payment.
22.Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:
a.Laws. Acquire the land in accordance with federal and/or state laws governing such action.
b.Administration. Maintain direct control of Project administration, including:
1)Maintain responsibility for all related contract letting and administrative procedures related to the
purchase of real property.
2)Secure written Department approval to execute each agreement for the purchase of real property
with any third party.
3)Ensure a qualified, State-certified general appraiser provides all necessary services and
documentation.
4)Furnish the Department with a projected schedule of events and a cash flow projection within 20
calendar days after completion of the review appraisal.
5)Establish a Project account for the purchase of the land.
6)Collect and disburse federal, state, and local project funds.
c.Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in
accordance with Chapter 332, F.S., the Agency shall comply with the following requirements:
1)The Agency shall apply for a FM Airport Improvement Program grant for the land purchase within
60 days of executing this Agreement.
2)If federal funds are received for the land purchase, the Agency shall notify the Department, in writing,
within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Department within 30 calendar days to achieve normal project federal, state, and local funding
shares per Chapter 332, F.S.
3)If federal funds are not received for the land purchase, the Agency shall reimburse the Department
within 30 calendar days after the reimbursable funds are due in order to achieve normal project
state and local funding shares as described in Chapter 332, F.S.
4)If federal funds are not received for the land purchase and the state share of the purchase is less
than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursablefunds are due, no reimbursement to the Department shall be required.
d.New Airport. If this Project involves the purchase of real property for the development of a new airport,
the Agency assures that it will:
1)Apply for federal and state funding to construct a paved runway, associated aircraft parking apron,
and connecting taxiway within one year of the date of land purchase.2)Complete an Airport Master Plan within two years of land purchase.3)Complete airport construction for basic operation within 10 years of land purchase.
e.Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with theterms and assurances of this Agreement within 10 years of acquisition.
f.Disposal of Land. For the disposal of real property the Agency assures that it wlll comply with the following:1)For land purchased for airport development or noise compatibility purposes, the Agency shall, whenthe land is no longer needed for such purposes, dispose of such land at fair market value and/or
make available to the Department an amount equal to the state's proportionate share of its market
value.
� CJ
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STA TE OF FLORIDA DEPARTMENT OF TRANSPORTA 11ON PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
2)Land will be considered to be needed for airport purposes under this assurance if:
Form 725-400-02 STRATl!GIC
DEVELOPMENT
OGC03122
a)It serves aeronautical purposes such as a runway protection zone or as a noise buffer.b)Revenue from uses of such land contributes to airport financial self-sufficiency.
3)Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject toretention or reservation of any interest or right therein needed to ensure such land will only be used
for purposes compatible with noise levels related to airport operations.
4)Revenues from the sale of such land must be accounted for as outlined in Section D. 1. of this
Exhibit, and expended as outlined in Section D.9. of this Exhibit.
23.Construction Projects. The Agency assures that It will:
a.Project Certifications. Certify Project compliances, including:
1)Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
2)All design plans and specifications comply with federal, state, and professional standards and
applicable FAA advisory circulars, as well as the minimum standards established by the Department
for State of Florida licensing as a public-use airport.
3)Completed construction complies with all applicable local building codes.
4)Completed construction complies with the Project plans and specifications with certification of thatfact by the Project Engineer.
b.Design Development. For the plans, specifications, construction contract documents, and any and all
other engineering, construction, and contractual documents produced by the Engineer, which are
hereinafter collectively referred to as "plans", the Engineer will certify that:
1)The plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.2)The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of
this Agreement.
3)The Project Engineer shall perform a review of the certification requirements listed in Section B.2.of this Exhibit, Construction Certification, and make a determination as to their applicability to this
Project.
4)Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations.
c.Inspection and Approval. The Agency assures that:
1)The Agency will provide and maintain competent technical supervision at the construction site
throughout the Project to assure that the work conforms to the plans, specifications, and schedules
approved by the Department, as applicable, for the Project.
2)The Agency assures that it will allow the Department to inspect the work and that it will provide any
cost and progress reporting, as may be required by the Department.
3)The Agency assures that it will take the appropriate corrective action necessary, as required by theDepartment, for work which does not conform to the Department standards.
d.Pavement Preventive Maintenance. The Agency assures that for a project involving replacement orreconstruction of runway or taxiway pavement it has implemented an airport pavement maintenancemanagement program and that it will use such program for the useful life of any pavement constructed,reconstructed, or repaired with state financial assistance at the airport.
PaAe 34 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1EF686AE-A625-46A4-BD08-1D109E8618O5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
24.Noise Mitigation Projects. The Agency assures that it will:
Form 725-000-02
STRATEGIC
DEVELOPMENT OGC 03122
a.Government Agreements. For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, the Agency
shall enter into an agreement with that government body.
1)The local agreement, satisfactory to the Department, shall obligate the unit of local government to
the same terms and assurances that apply to the Agency.2)The Agency assures that it will take steps to enforce the local agreement if there is substantial non
compliance with the terms of the local agreement.
b.Private Agreements. For noise compatibility projects on privately owned property:
1)The Agency shall enter into an agreement with the owner of that property to exclude future actions
against the airport.
2)The Agency assures that it will take steps to enforce such agreement if there is substantial non
compliance with the terms of the agreement.
•End of Exhibit E -
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I
I
i
l
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSlgn Envelope ID: 1EF686AE-A625-46A4-BD08-1D109EB618D5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBIT F
Contract Payment Requirements
Florida Department of Flnanclal Services, Reference Gulde for State Expenditures
Cost Reimbursement Contracts
Form 725-000-02 STRATl:GIC
DEVELOPMENT
OGC 03122
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.}. Supporting document ation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1)Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an Individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2)Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3)Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4)Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5)ln-housecharges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6)Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address https://www.myfloridacf.9..com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.
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DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1EF686AE•A625-46A4-BD08-10109EB618O5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
EXHIBIT I
SEE ATTACHED PUBLIC TRANSPORTATION GRANT AGREEMENT ADDENDUM
Form 726--000.02 STRATEGIC DEVELOPMENT OGC 02/20
Paae 37 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1EF686AE-A625-46A4-BD08-10109EB618D5
PUBLIC TRANSPORTATION GRANT AGREEMENT ADDENDUM
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ADDENDUM ("Addendum") is made and entered into by and between the State of Florida Department of Transportation ("Department") and Collier County Airport Authority, Collier County, Florida ("Agency").
-RECITALS-
1.The terms and provisions set forth in this Addendum are incorporated In and made part of the
Public Transportation Grant Agreement, Financial Project Number: 450766-1-94-01 ("Grant Agreement")executed contemporaneously; and
2.This Addendum shall be merged into and made part of the Grant Agreement and both documents
shall be collectively referred to herein as the "Agreement·; and
3.The sole purpose of this Addendum is to revise the indemnification provision of the Grant
Agreement; and
4.In the event of any conflict or inconsistency between the Grant Agreement and this Addendum,
the provisions of this Addendum shall control.
NOW THEREFORE, with full knowledge and understanding of the laws governing the subject
matter of this Agreement, and in consideration of the recitals and the mutual covenants and conditions
contained In this Agreement, the parties, intending to be legally bound hereby, acknowledge and agree as
follows:
1.RECITALS AND EXHIBITS
The above recitals are specifically incorporated by reference and made part of this Addendum.
2.EFFECTIVE DATE
The "Effective Date• of this Agreement shall be the date the last of the parties to be charged executes the Agreement.
3.INDEMNIFICATION AND INSURANCE
The parties specifically agree that Paragraph18, subsection a. of the Grant Agreement Is stricken in its entirety and replaced with the following:
a.It is specifically agreed between the Parties executing this Agreement that it is not Intendedby any of the provisions of any part of this Agreement to create in the public or any member thereof, a third
party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims
against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent
permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a
waiver of the State of Florida, Department of Transportation or the Agency's sovereign immunity. This
indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to including the following Indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work In connection with this Agreement:
Paoe 38 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: 1 EF686AE-A625-46A4-BD08-1D109EB618D5
"To the fullest extent permitted by law, Agency's contractor/consultant shall indemnify, defend, and
hold harmless the Agency and the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the contractor/consultant and other persons employed or utilized by
the contractor/consultant in the performance of this Agreement."
This indemnification shalt survive the termination of this Agreement.•
All other terms and conditions of the Grant Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereby execute this
Addendum, consisting of two (2) pages, exclusive of exhibits.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("Department")
By:------------Name: John M. Kubler, P.E.
Title: Director of Transportation Development
lb LEGAL REVIEW BY: Don Conway, Senior Attorney, (As to Legality and Form�
AGEN Y C
By: -=---J'--=ir-J(J������--
signature onfv�"' tl I i
William L. McDaniel, Jr., Chairman
Paae 39 of 39
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
Certlflcat~•Ot .CQ'l)p.letl<>o
Envelope Id : 1EF686AEA62546A4BD081D109EB618D5 Status : Completed
Subject: Please DocuSlgn : MKY_G2861_ 450766-1-94-01_Alrcraft Hangar_Orlginal PTGA_Draft for Rev lew.pdf
Contract Number (ex . C9A12, optlonal): G2861
Document Contains Confldentla l Information?: No
Fin Proj Num (ex.123456-1-32-01, Optlonal): 450766-1-94-01
Office (contact Procurement If add Is needed):
Aviation
HR Action?: No
Source Envelope :
DocumentPages:40
Certificate Pages : 2
AutoNav : Enabled
Envelopeld Stamping : Enabled
Signatures : 1
Init ials : 2
Time Zone : (UTC-05:00) Eastern Time (US & Canada)
R~~9rcl Tr~c~log
Status : Orig inal
6/8/2022 1 :54 :38 PM
Holder: Dawn Gallon
dawn .gallon@dot.state. fl . us
Signer Events · ·. •.:: · ·$1gn~~~hf J: : ••.. • .. ·.
Dawn Gallon
dawn .gallon@dot.state .fl .us
Florida Department ofTransportatlon
Security Level : Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via OocuSlgn
Don Conway
don.conway@dol.state.fl.us
Senior Attorney
Florida Department of Transportation
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
~
DKv81onodby.
~l\,.}.j~
IEM2t91 t<E◄◄OA...
Signature Adoption : Pre-selected Style
Signed by link ·sent to dawn .gallon@dot.state .fl .us
Using IP Address : 156 .75.252 .6
Signature Adoption : Pre-selected Style
Signed by fink sent to don .conway@dolstate.fl .us
Us ing IP Address : 156 .75 .252.6
Envelope Originator:
Dawn Gallon
605 Suwannee Street
MS20
Tallahassee , FL 32399-0450
dawn.gallon@dol.state . fl. us
IP Address : 156.75.252.6
Location : DocuSign
. •±im,tsiarnP .
Sent : 6/8/2022 2:01 :25 PM
Viewed : 6/8/2022 2:01 :48 PM
Signed : 6/8/2022 2:02 :05 PM
Sent: 6/8/2022 2:02 :06 PM
Viewed: 618/2022 3:31:30 PM
Signed : 6/8/2022 3:32:45 PM
DocuSign
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Carbon Copy Ev~rit, S · · · ·.·.· .. · .. :,· .. ·• o:< . r1m~~tii.mp ·.·,:.
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
Wltn,.~ f:v,nt,
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Signing Complete
Completed
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··•··. ··•·· •····•·· ..... •.••··•···.• :·•••: J::1,#,~~~mp .\ i ; .• :>·•·•··••····
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6/8/2022 2:01 :25 PM
6/8/2022 3:31 :30 PM
6/8/2022 3:32 :45 PM
6/8/2022 3:32:45 PM
i\ ;,</f1ffi,~{~fop~·•·•·I:••;/J.•·.•
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2861
8/5/2022
CONTRACT INFORMATION
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 8/5/2022
Action:Original
Reviewed or Approved:APPROVED
Organization Code:55012020129
Expansion Option:A1
Object Code:740100
Amount:$9,511.00
Financial Project:45076619401
Work Activity (FCT):215
CFDA:
Fiscal Year:2023
Budget Entity:55100100
Category/Category Year:088719/23
Amendment ID:O001
Sequence:02
User Assigned ID:
Enc Line (6s)/Status:0001/04
Total Amount:$9,511.00
Contract:G2861
Contract Type:GD - GRANT DISBURSEMENT (GRANT)
Vendor Name:COLLIER COUNTY AIRPORT
Vendor ID:F596000558130
Beginning Date of This Agreement:05/10/2022
Ending Date of This Agreement:06/30/2025
Contract Total/Budgetary Ceiling:ct = $9,511.00
Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.)
Description:Marco Island Executive Airport Aircraft Hangar
Page1 of 1
To: Dawn.Gallon@dot.state.fl.us
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
DocuSign Envelope ID: A3988376-455E-430A-9E10-40466FAF0275
Certificate Of Completion
Envelope Id: A3988376455E430A9E1040466FAF0275 Status: Completed
Subject: Please DocuSign: MKY_G2861_450766-1-94-01_Aircraft_Hangar_Original_PTGA_Legal & Director Signat...
Contract Number (ex. C9A12, optional): G2861
Document Contains Confidential Information?: No
Fin Proj Num (ex.123456-1-32-01, Optional): 450766-1-94-01
Office (contact Procurement if add is needed):
Aviation
HR Action?: No
Source Envelope:
Document Pages: 43 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 0 Dawn Gallon
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
605 Suwannee Street
MS 20
Tallahassee, FL 32399-0450
dawn.gallon@dot.state.fl.us
IP Address: 156.75.180.190
Record Tracking
Status: Original
8/22/2022 1:59:58 PM
Holder: Dawn Gallon
dawn.gallon@dot.state.fl.us
Location: DocuSign
Signer Events Signature Timestamp
Don Conway
don.conway@dot.state.fl.us
Senior Attorney
Florida Department of Transportation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 156.75.180.190
Sent: 8/22/2022 2:05:57 PM
Viewed: 8/22/2022 2:34:28 PM
Signed: 8/22/2022 3:47:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
John Kubler
john.kubler@dot.state.fl.us
Director of Transportation Developm
Florida Department of Transportation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 156.75.252.6
Sent: 8/22/2022 3:47:20 PM
Viewed: 8/22/2022 5:29:10 PM
Signed: 8/22/2022 5:30:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/22/2022 2:05:57 PM
Certified Delivered Security Checked 8/22/2022 5:29:10 PM
Signing Complete Security Checked 8/22/2022 5:30:27 PM
Completed Security Checked 8/22/2022 5:30:27 PM
Payment Events Status Timestamps