Agenda 10/11/2016 Item #16G3 16.G.3
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute the attached Resolution
authorizing execution of Joint Participation Agreement Contract No. G0E63 with the Florida
Department of Transportation to fund an update of the Airport Layout Plan for the Immokalee
Regional Airport(Fiscal Impact$8,225 FDOT and$8,673 County).
OBJECTIVE: To update the Master Plan/Airport Layout Plan (ALP) to reflect recent runway/taxiway
configuration and airspace changes at the Immokalee Regional Airport(IMM).
CONSIDERATIONS: The Board of County Commissioners(Board)accepted a grant from the Federal
Aviation Administration (FAA) to fund ninety percent (90%) of an update to the Airport Layout Plan
(ALP) for the Immokalee Regional Airport on September 13,2016, Agenda Item 16G4. At that time, the
Collier County Airport Authority (CCAA) indicated that it would request approximately five percent
(5%) funding from the Florida Department of Transportation(FDOT)for this project.
The CCAA has received a grant offer from FDOT in the amount of$8,225 to fund approximately five
percent(5%)of the project.The funding allocation is as follows:
Funding Source Amount of Funding
Federal Funding(FAA) $152,078
State Funding(FDOT) $ 8,225
Local Match $ 8,673
TOTAL PROJECT COST $ 168,976
FISCAL IMPACT: Budget Amendments are necessary to recognize FDOT grant revenue in project
number 33486, in the amount of$8,225 within Airport Grant Fund 498, and reduce the local match by
$8,224 within Grant Match Fund 499. The local match is to be appropriated back to the Airport Capital
Fund (496) Reserves previously funded in full until the FDOT grant award was received. The FAA
funding portion of$152,078 was previously recognized on September 13,2016,(Item 16G4).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: To authorize the Chairman to execute the attached Resolution authorizing
execution of the Joint Participation Agreement(JPA) Contract No. G0E63 with the Florida Department of
Transportation to fund the update of the Airport Layout Plan, for the Immokalee Regional Airport, in the
amount of$8,225 and authorize the necessary budget amendments.
Prepared by: Justin Lobb,Airports Manager,Airport Authority,Growth Management Department
ATTACHMENT(S)
1.Resolution_IMM ALP Update_CAO Stamp (PDF)
2.JPA G0E63_IMM ALP Update_CAO Stamp (PDF)
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16.G.3
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.3
Item Summary: Recommendation to approve and authorize the Chairman to execute the attached
Resolution authorizing execution of Joint Participation Agreement Contract No. G0E63 with the Florida
Department of Transportation to fund an update of the Airport Layout Plan for the Immokalee Regional
Airport(Fiscal Impact$8,225 FDOT and$8,673 County).
Meeting Date: 10/11/2016
Prepared by:
Title: Operations Coordinator—Airport Authority
Name: Debra Brueggeman
09/12/2016 3:27 PM
Submitted by:
Title: Division Director-Operations Support—Growth Management Department
Name: Gene Shue
09/12/2016 3:27 PM
Approved By:
Review:
Airport Authority Justin Lobb Level 1 Originator Add Reviewer Completed 09/13/2016 2:34 PM
Capital Project Planning,Impact Fees,and Program Management Rookmin Nauth Level 1 Originator Add ReviewerCompleted
Growth Management Department Gene Shue Level 1 Originator Add Reviewer Completed 09/14/2016 1:18 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 09/19/2016 3:12 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/20/2016 1:39 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/22/2016 1:57 PM
Grants Edmond Kushi Level 2 Grants Review Completed 09/28/2016 10:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 4:35 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 5:01 PM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 10/04/2016 10:22 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/04/2016 10:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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RESOLUTION NO. 2016-
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED
JOINT PARTICIPATION AGREEMENT G0E63 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Collier County Airport Authority has the authority to enter into the
attached agreement with the Florida Department of Transportation to undertake projects as ca
authorized by Chapter 332, Florida Statutes, and Section 14-60 of the Florida Administrative
Code,arid Ordinance 2004-03. o_
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Florida, that:
1. The Joint Participation Agreement (JPA) Number G0E63 to fund the update of
a
the Airport Layout Plan for the Immokalee Regional Airport, Financial a.
Management Number 440114-1-94-01,attached hereto, is hereby approved.
2. The Chairman of the Collier County Airport Authority, Donna Fiala, is
authorized to enter into, modify or terminate JPA Number G0E63 with the a.
cc
Florida Department of Transportation unless and until it may be specifically cn
rescinded. 0
3. This Resolution shall take effect immediately upon adoption.
ADOPTED this 11th day of October 2016 after motion, second and majority vote in
a_
favor of adoption. -J
a
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk -a
a)
By:
,Deputy Clerk By:
DONNA FIALA
CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio R7 N
Assistant County Attorney v.0-
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-- — 16.G.3.b
STATE OF PWwDAmeART*ENT OF TRANSPORTATION 720-030-00
PUBLIC TRANSPORTATION PURI IC
J��\NTPAR�M��PA���MAGREEK0Ey�T mm «m«
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Financial Project Number(s): Fund: 010 FLAIR Category.: 088719
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440114-1-94-01Function: 215 Object Code:
751000
Federal Number: NIA
Org.Code: 55012020129
Contract Number:G0E63 DUNS Number: 80-939-7182 Vendor No.: F590000558130
CFDA Number: N/A Agency DUNS Number: O7-689-7rSD CSFA Number: 55.004
CFDATitla:N/A CSFA Title: Aviation Development Grants
a.
THIS AGREEK4ENT, made and entered Into this day of 'J
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,an agency of the State of Florida,
hereinafter referred to as the Department,and Collier County Airport Authority
2005 Mainsail Drive, Suite 1, Naples, Florida 34114
�
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed a.
on or before 6/30/2020 and this Agreement will expire unless a time extension is provided ~`
inaccordance with Section 18OO
. � o,
WITNESSETH :
WHEREAS,the Agency has the authority to enter Into said
Agreement '
and the Qmpa�nenthas been gran�dthe d�bncon adequately|. all areas
- '- '�-,-t'h--~--~r ~~~~~~'
~- jurisdiction'''
8h men�Unnnfmnin�Q��dand balanced oa �
nsp� �|nnnyo�mandimmothor �dunder 0
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332.006
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Florida Statutes,toenter into this Agreement.
NOW, THEREFOREin consideration of the mutual covenants,promises and representations herein, the parties agree u'
as follows:
2
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide Department participation in a Master Plan and Airport Layout Plan Update at the Immokalee Regional Airport. -|
a.
and asfurther described inExhibit(s) A' B'Cand ID attached hereto and by this reference made a part
hereof,hereinafter referred to as the projectand to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project wilt be undertaken and completed.
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2.00 Accomplishment of the Project:
2.10 General Requirements:The Agency shall commence,and complete the project as described in Exhibit
"A"attached hereto and by this reference made a part hereof this Agreement,with all practical dispatch, in a sound,
economical,and efficient manner,and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal,State,and Local Law: In the event that any election,referendum,approval, permit,
notice,or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder,or to observe, assume or carry out any of the provisions of the
Agreement,the Agency will Initiate and consummate,as provided by law,all actions necessary with respect to any such
matters so requisite.
O..
2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary -J
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings,Contracts and Other Documents: The Agency shall submit to the
Department such data,reports,records,contracts and other documents relating to the project as the Department may co
require as listed In Exhibit"C"attached hereto and by this reference made a part hereof. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards C9
completion.
3.00 Project Cost: The total estimated cost of the project is$ 168,978.00
1 . This amount
is based upon the estimate summarized In Exhibit"B"attached hereto and by this reference made a part hereof this
Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, E
in the project in the amount of$ 8,225.00 as detailed in Exhibit"B", or In an amount equal to the cis
percentage(s)of total cost shown in Exhibit"B",whichever is less. p
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective U
date of this agreement.It is understood that State participation in eligible project costs is subject to: };I
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the co
project is scheduled to be committed; a.
(b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans, specifications,
contracts or other obligating documents as required by the Department,and all other terms of this
Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not r>i
received the required approval of the Department and all other terms of this Agreement; w
co
(d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority 0
becomes available.
a.4.20 Front End Funding : Front end funding 0 Is IN Is not applicable. If applicable,the Department
may initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5,00 Project Budget and Payment Provisions:
5.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget,carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project. No budget Increase or decrease shall be effective unless It
complies with fund participation requirements established in Section 4.00 of this Agreement,or Amendment thereto,and
is approved by the Department Comptroller.
C
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin In the year the project or project phase
is scheduled in the work program as of the date of the agreement.Payment will be made for actual costs Incurred as of
the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only
after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer
of the State of Florida under Chapters 215 and 216,Florida Statutes. If the Department determines that the performance
of the Participant is unsatisfactory,the Department shall notify the Participant of the deficiency to be corrected,which
correction shall be made within a time-frame to be specified by the Department.The Participant shall,within five days
after notice from the Department, provide the Department with a corrective action plan describing how the Participant will °-
address all issues of contract non-performance, unacceptable performance,failure to meet the minimum performance d
levels,deliverable deficiencies,or contract non-compliance. If the corrective action plan is unacceptable to the
Department,the Participant shall be assessed a non-performance retalnage equivalent to 10%of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing pp period. The retainage shall be withheld
until the Participant resolves the deficiency. if the deficiency is subsequently resolved,the Participant may bill the
Department for the retained amount during the next billing period. if the Participant is unable to resolve the deficiency,the w
funds retained may be forfeited at the end of the Agreement's term,
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records:The Agency shall establish for the project, in 0.
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent 0
accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under
terms of this Agreement shall be maintained in the project account and made available upon request to the Department
at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these a.
documents and records shall be furnished to the Department upon request. Records of costs incurred include the
Agency's general accounting records and the Project records, together with supporting documents and records, of the
Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants p
considered necessary by the Department for a proper audit of costs. If any litigation,claim, or audit Is started before the
expiration of the five(5)year period,the records shall be retained until all litigation,claims,or audit findings Involving the vi
records have been resolved,
to
6.20 Costs Incurred for the Project:The Agency shall charge to the project account all eligible costs of the
project,Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs:All costs charged to the project,including any approved services
contributed by the Agency or others,shall be supported by properly executed payrolls,time records, invoices,contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks,Orders,and Vouchers:Any check or order drawn by the Agency with respect to any item which is co
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.All checks, C7
payrolls, invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the project
shall be clearly Identified, readily accessible,and,to the extent feasible, kept separate and apart from all other such a
documents.
6.50 Audits:The administration of Federal or State resources awarded through the Department to the Agency by m
this Agreement may be subject to audits and/or monitoring by the Department.The following requirements do not limit the E
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.
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Part i Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133,for fiscal years
beginning before December 26,2014,and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal
years beginning on or after December 26,2014, monitoring procedures may Include but not be limited to on-site visits by ^y
Department staff and/or other procedures including, reviewing any required performance and financial reports,following as
up,ensuring corrective action,and issuing management decisions on weaknesses found through audits when those Q.
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 thea.
Department.The Agency further agrees to comply and cooperate with any inspections,reviews, Investigations,or audits Q
deemed necessary by the Department,State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by OMB Circular A-133,for fiscal years beginning before
December 26,2014,and as defined by 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26,2014,as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of a
the threshold established by OMB Circular A-133,for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years o
beginning on or after December 26,2014,the Agency must have a Federal single or program- rn
specific audit conducted for such fiscal year in accordance with the provisions of OMB Circular
A-133,for fiscal years beginning before December 26,2014,and in accordance with the C2.
provisions of 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
as
after December 26,2014.ExhibltA,B,C and D to this Agreement provides the
required Federal award identification information needed by the Agency to further comply with the C
requirements of OMB Circular A-133,for fiscal years beginning before December 26, 2014,and
the requirements of 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning Wi
on or after December 26,2014.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 J
with the guidelines established by OMB Circular A-133,for fiscal years beginning before c,C
December 26,2014,and established by 2 CFR Part 200,Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26,2014.An audit conducted by the State of Florida
Auditor General In accordance with the provisions of OMB Circular A-133,for fiscal years i
M
beginning before December 28,2014,and in accordance with 2 CFR Part 200,Subpart F -Audit ca
Requirements,for fiscal years beginning on or after December 26,2014,will meet the
requirements of this part.
b. In connection with the audit requirements,the Agency shall fulfill the requirements relative to a.
the auditee responsibilities as provided in OMB Circular A-133,for fiscal years beginning before -'
December 26,2014,and as provided in 2 CFR Part 200,Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26,2014. 0)
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c. In the event the Agency expends less than the threshold established by OMB Circular
A-133,for fiscal years beginning before December 26, 2014,and established by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,2014,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
FDOTSingleAudittaidot.state,fi,us no later than nine months after the end of the Agency's audit
period for each applicable audit year. In the event the Agency expends less than the threshold Q
established by OMB Circular A-133,for fiscal years beginning before December 26,2014,and
established by 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or a.
after December 26,2014,in Federal awards In a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133,for fiscal years beginning before a
December 26,2014,and in accordance with 2 CFR Part 200,Subpart F -Audit Requirements,for -
fiscal years beginning on or after December 26,2014,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).
d. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at n-
httosJ/harvester.census.gov/facwebl the audit reporting package as required by OMB Circular
A-133,for fiscal years beginning before December 26,2014, and as required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,2014,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 OMB Circular A-133,
for fiscal years beginning before December 26,2014,and for audits required by 2 CFR Part 200, N
4 Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,2014,and 0
this Agreement. However,the Department requires a copy of the audit reporting package also be Ui
submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt
of the auditor's report(s)or nine months after the end of the audit period as required by OMB
Circular A-133,for fiscal years beginning before December 26, 2014,and as required by 2 CFR
Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,
2014. `L
e. Upon receipt, and within six months,the Department will review the Agency's audit
a
reporting package,including corrective action plans and management letters,to the extent i
necessary to determine whether timely and appropriate action on all deficiencies has been taken
pertaining to the Federal award provided through the Department by this Agreement. If the Agency
fails to have an audit conducted in accordance with OMB Circular A-133,for fiscal years beginning
before December 26,2014,and in accordance with 2 CFR Part 200, Subpart F -Audit a-
Requirements,for fiscal years beginning on or after December 26,2014,the Department may ;
Impose additional conditions to remedy noncompliance. if the Department determines that
noncompliance cannot be remedied by imposing additional conditions,the Department may take
appropriate actions to enforce compliance.
f. As a condition of receiving this Federal award,the Agency shall permit the Department, Q
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.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller,MS 24
605 Suwannee Street
Tallahassee,Florida 32399-0450
ELIQT3ingivAudiatallt5 C4.0
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Part iI State Funded:
1. 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 including,reviewing any required performance and financial reports,following
up,ensuring corrective action,and issuing management decisions on weaknesses found through audits when those a;
findings pertain to state financial assistance awarded through the Department by this Agreement.By entering into this c°
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, o.
investigations,or audits deemed necessary by the Department,the Department of Financial Services(DFS)or State of
Florida Auditor General.
2, The Agency,a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following requirements:
a. in the event the Agency meets the audit threshold requirements established by Section to
215,97, Florida Statutes,the Agency must have a State single or project-specific audit
conducted for such fiscal year In accordance with Section 215.97, Florida Statutes;applicable
rules of the Department of Financial Services;and Chapters 10.550(local governmental o.
entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit A,B, C and D to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply with the a
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, a
including state financial assistance received from the Department by this Agreement,other
state agencies and other nonstate entities.State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal p
program matching requirements. Q
b. 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 a
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of
the Auditor General. o.
c. 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 215,07,Florida Statutes.However,the Agency must 2
provide a single audit exemption statement to the Department at FDOTSingieAudit@dot.state,
flus no later than nine months after the end of the Agency's audit period for each applicable C°
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 a.
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). c
d. in accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit
and for-profit organizations),Rules of the Auditor General, copies of financial reporting
packages required by this Agreement shall be submitted to:
.
Florida Department of Transportation `t
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSi gleAudit@dot.state.fi.us
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee,FL 32399-1450
Com,
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e. 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.
f. 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 a�
reporting package was delivered to the Agency in correspondence accompanying the -
reporting package. a
g. 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 Q
necessary to determine whether timely and appropriate corrective action on all deficiencies
has been taken pertaining to the state financial assistance provided through the Department
by this Agreement. if the Agency fails to have an audit conducted consistent with Section —
215.97, Florida Statutes,the Department may take appropriate corrective action to enforce
compliance.
h. As a condition of receiving state financial assistance,the Agency shall permit the 0
Department,or Its designee, DFS or the Auditor General access to the Agency's records a
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 o
retained until the action is complete or the dispute is resolved. °'
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 a
Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made E
available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five
years from the date the audit report is Issued unless extended in writing by the Department. 0
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. in the event of the loss of such equipment or
facilities,the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest o.
in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments: Q
7.10 Action by the Agency: in order to obtain any Department funds,the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow , FL, 2
33830 Its requisition on a form or forms prescribed by the Department,and any other data pertaining to r>l
the project account(as defined In Paragraph 6.10 hereof)to justify and support the payment requisitions. cs
7.11 The Agency shall provide the following quantifiable,measurable and verifiable units of deliverables as t7
established In Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the
criteria for evaluating successful completion. a.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof,based on the quantifiable, measurable and verifiable units of a)
deliverables as established In Exhibit"A". Deliverables must be received and accepted in writing by the Department's
Project Manager prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit"A"has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112,061,
F.S.,and shall be submitted on the Department's Travel Form No.300.000-06. The Department may establish rates
lower than the maximum provided In Chapter 112.061, F.S.
7.15 For real property acquired,submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property,and
actual consideration paid for real property.
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(C) a statement by the Agency certifying that the appraisal and acquisition-of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof,the Department will honor such
requisitions In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department -a
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation:The Agency shall have made misrepresentation of a material nature in its application, J
or any supplement thereto or amendment thereof,or in or with respect to any document or data furnished therewith or .�
pursuant hereto;
7.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project,the Agreement,or payments to the project;
w
7.23 Approval by Department:The Agency shall have taken any action pertaining to the project which, under
this agreement,requires the approval of the Department or has made related expenditures or Incurred related
obligations without having been advised by the Department that same are approved; o0-.
7,24 Conflict of interests:There has been any violation of the conflict of interest provisions contained herein;
7.25 Default:The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement;or
7.26 Federal Participation(If Applicable):Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. in the event of suspension or termination of
federal financial assistance,the Agency will reimburse the Department for all disallowed costs, including any and alles
federal financial assistance as detailed in Exhibit"B." C
7.30 Disallowed Costs: in determining the amount of the payment, the Department will exclude all projects v
costs incurred by the Agency prior to the effective date of this Agreement,after the expiration date of this Agreement, mi
costs which are not provided for in the latest approved scope and budget for the project,costs attributable to goods ores
services received under a contract or other arrangements which have not been approved by the Department, and costs
invoiced prior to receipt of annual notification of fund availability.
r1
'7.40 Payment Offset: If, after project completion,any claim is made by the Department resulting from an audit Q
or for work or services performed pursuant to this agreement,the Department may offset such amount from payments 2
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if,upon demand,payment of the amount is not made within sixty(60)days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department. w
8.00 Termination or Suspension of Project:
t9
8.10 Termination or Suspension Generally: if the Agency abandons or, before completion,finally discontinues
the project;or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive,or for any othera.
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected,or the Department may terminate any or all of its obligations under this Agreement. c,
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following:(1)necessary action to terminate or suspend,as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2)furnish a statement of the project activities and contracts,and other
undertakings the cost of which are otherwise includable as project costs;and(3)remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule,
plan,and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan,and budget within a reasonable time.The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
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8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers,letters,or other material subject to the provisions of Chapter
119, F.S.and made or received in conjunction with this Agreement.
9.00 Audit and Inspection:The Agency shall permit,and shall require its contractors to permit,the
Department's authorized representatives to inspect all work,materials,payrolls,records;and to audit the books,records
and accounts pertaining to the financing and development of the project.
10.00 Contracts of the Agency:
10.10 Third Party Agreements:The Department specifically reserves the right to review and approve any and o_
all third party contracts with respect to the Project before the Agency executes or obligates itself In any manner requiring sr
the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto.
if the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval,that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23.The Department r.,
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration(FTA)funds are used in the project, the 0
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants'Competitive Negotiation Act:It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency,where said project involves a consultant contract rn
for engineering,architecture or surveying services,Is contingent on the Agency complying in full with provisions of
Chapter 287.055,F.S.,Consultants'Competitive Negotiation Act.At the discretion of the Department,the Agency will
involve the Department In the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with Chapter 287.055,F.S.,the
Consultants'Competitive Negotiation Act. cn
10.22 Procurement of Commodities or Contractual Services: it is understood and agreed by the parties d
hereto that participation by the Department in a project with an Agency,where said project involves the purchase of
commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, col
which Includes engineering,design, and/or construction activities,where purchases or costs exceed the Threshold -a
Amount for CATEGORY TWO per Chapter 287.017 F.S.,is contingent on the Agency complying In full with the provisions
of Chapter 287.057 F.S.The Agency's Attorney shall certify to the Department that the purchase of commodities or
contractual services has been accomplished in compliance with Chapter 287.057 F.S.It shall be the sole responsibility ofa.
the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits.
Contracts, purchase orders,task orders, construction change orders,or any other agreement that would result in
exceeding the current budget contained in Exhibit"B",or that is not consistent with the project description and scope of
services contained in Exhibit"A"must be approved by the Department prior to Agency execution. Failure to obtain such ,I
approval,and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for w
nonpayment by the Department as provided in Section 7.23. o
79
10.30 Disadvantaged Business Enterprise(DBE)Policy:
10.31 DBE Policy:The contractor,sub recipient or subcontractor shall not discriminate on the basis of race,
color,national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of
49 CFR part 26 in the award and administration of DOT-assisted contracts.Failure by the contractor to carry out these
requirements is a material breach of this contract,which may result in the termination of this contract or such other E
remedy as the recipient deems appropriate. �
The recipient shall not discriminate on the basis of race,color,national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of Its DBE program or the requirements of 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and
as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,
in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986(31 U.S.C.3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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11,00 Restrictions,Prohibitions,Controls,and Labor Provisions: Pepe 10d 13
11.10 Equal Employment Opportunity: In connection with the carrying out of any project,the Agency shall
not discriminate against any employee or applicant for employment because of race,age,creed,color,sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment,without regard to their race,age,creed,color,sex,or national origin.Such action shall include,but
not be limited to,the following:Employment upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project,except contracts for standard commercial es
supplies or raw materials,and shall require all such contractors to insert a similar provision in all subcontracts, except "a
subcontracts for standard commercial supplies or raw materials.When the project involves Installation,construction,
demolition,removal,site improvement,or similar work,the Agency shall post, in conspicuous places available to o_
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause. 2
11.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a 2
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964(42
U.S.C.2000d,et.seq.),the Regulations of the Federal Department of Transportation issued thereunder,and the w
assurance bythe
Agency pursuant thereto. �
11.30 Title VIiI-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42
USC 3601,et seq.,which among other things, prohibits discrimination in employment on the basis of race,color, national ••
origin,creed,sex, and age. o
a�
11.40 Americans with Disabilities Act of 1990(ADA):Execution of this Joint Participation Agreement r'
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102,et.
seq.),the regulations of the federal government issued thereunder,and the assurance bythe Agency ge cY pursuant thereto. E
11.50 Prohibited Interests:The Agency shall not enter Into a contract or arrangement in connection with the
project or any property included or planned to be included in the project,with any officer,director or employee of the c
Agency,or any business entity of which the officer, director or employee or the officer's,director's or employee's spouse Q
or child is an officer, partner,director, or proprietor or in which such officer,director or employee or the officer's,director's
or employee's spouse or child, or any combination of them,has a material interest. a>I
'Material Interest'means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any Q
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or a,
planned to be included in the project,with any person or entity who was represented before the Agency by any person
who at any time during the Immediately preceding two years was an officer,director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and Its fiscal 2
depositories,any agreement for utility services the rates for which are fixed or controlled by the government, or any —1
agreement between the Agency and an agency of state government. r�
11.60 Interest of Members of,or Delegates to,Congress: No member or delegate to the Congress of the
United States,or the State of Florida legislature,shall be admitted to any share or part of the Agreement or any benefit t9
arising therefrom. a.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations:Execution of this Joint Participation Agreement constitutes a certification by
theAgency that the project will be carried out in conformance with all applicable environmental regulations Including the
securing of any applicable permits,The Agency will be solely responsible for any liability in the event of non-compliance .Ec
with applicable environmental regulations,including the securing of any applicable permits,and will reimburse the
cs
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder Q
to any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency,and the making of such payment by the Department while any
such breach or default shall exist shall In no way Impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: if any provision of this Agreement is
held invalid,the remainder of this Agreement shall not be affected.In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
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12.50 Bonus or Commission: By execution of the Agreement the Agency represents that It has not paid and,
also,agrees not to pay,any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
12.80 State or Territorial Law; Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof,perform any other act or do any other thing in contravention of any applicable State
law:Providedthat if any of the provisions of the Agreement violate alicable State law,thl at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the o_
Agency to the end that the Agency may proceed as soon as possible with the project.
a.
12.70 Use and Maintenance of Project Facilities and EquIpment:The Agency agrees that the project facilities
periodand equipment will beused bythe Agency twprovide orsupport public transportation for the n�0/�usefu|{��of
2
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the :=
useful life of said facilities or equipment.
Lu
12.71 Property Records:The Agency agrees to maintain property records, conduct physical inventories and cm
develop control systems as required by 49 CFR Part 18,when applicable.
128oDisposal of Project Facilities Equipment: If tha-
during its useful life for any purposeits replacement with like facility or equipment for public transportation use,the -`
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency to
remit to the Department a prtio |amount ofd` the disposal of the facility ouipmmnt.Said ep
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement. cz
12.90 Contractual Idity:To the extent provided by law,the Agency shall indemnify,defend, and hold
harmless the Department and all of its officers,agents,and employees from any claim,loss, damage,costcharge, or �n
expense arising out of any act,error,omissiigent act by the Agency,its agents,or employees,during the
performance ofthe Agreement, exo*ptthatneithnrtboAgenny.i|ongomo.orhmampl ' will be liable under this ~�
paragraph for any claim, loss,damage, cost,charge,or expense arising out of any act,error,omission,or negligent act o/
by the Department or any of its officers,agents,or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement,the Department will immediately forward the claim to the
Agency.The Agency and the Department will evaluate the claim and report their findings to each other within fourteen u-
(14)working days and will jointly discuss options in defending the claim.After reviewing the claim,the Department will -�
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency 2
defend the Department in such claim as described In this section.The Department's failure to promptly notify the 2
Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by —|
Agency.The Department and the Agency will each pay its own expensesfbrthoewdunUon'yeUiwmentnegoUaUmno.
and trial, if any.However, if only one party participates in the defense of the claim at trial,that party is responsible for all
expenses at trial.
13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities,where plans and specifications have been developed,the Agency shall
provide an Engineers Certification that certifies project compliance as listed below, or in Exhibit"G" If applicable. For
the plans,opedfioatinnn.construction contract documents,and any and all other engineering,construction,and
contractual documents produced by the Engineer, hereinafter collectively referred to as"plans",the Agency will certify
that:
a All plans comply with federal, state,and professional standars as well as minimum standards established +'
by the Department as applicable;
b. The plans were developed in accorancewithsoundangynooringanddoeWnphndplen.ondvvhhgnnera|y
accepted professional standards;
c. The plans are consistent with the Intent of the project as defined in Exhibits"A'and'8'of this Agreement
as well as the Scope of Services; and
d. The plans comply with all applicable laws,ordinances,zoning and permitting requirements,public notice
requirements,and other similar regulations.
Notwithstanding the provisions of this paragraph,the Agency,upon request by the Department,shall provide plans
and specifications to the Department for review and approvals.
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14.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable pians and specifications, is in place on the Agency
facility,that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds: m
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon anas
annual appropriation by the Legislature. Q
15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period
of more than one year,the provisions of Chapter 339.135(6Xa), F.S.,are hereby incorporated:"(a)The Department, -�
during any fiscal year, shall not expend money, incur any liability,or enter into any contract which,by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract,verbal or written,made in violation of this subsection is null and void, and no money may be paid on such
contract.The Department shall require a statement from the comptroller of the Department that funds are available prior co
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 a
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for —,
a period of more than 1 year."
•16,00 Expiration of Agreement:The Agency agrees to complete the project on or before rn
6/30/2020 . if the Agency does not complete the project within this time period,this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the Q.
the Modal Development Office Expiration of this Agreement will be considered termination
c>s
of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. co
16.10 Final Invoice:The Agency must submit the final invoice on this project to the Department within 120 days C
after the expiration of this Agreement. 4
17.00 Agreement Format:All words used herein in the singular form shall extend to and include the plural.All
words used In the plural form shall extend to and include the singular.All words used in any gender shall extend to and
include all genders.
a
18.00 Execution of Agreement:This Agreement may be simultaneously executed in a minimum of two
counterparts,each of which so executed shall be deemed to be an original, and such counterparts together shall a
constitute one in the same instrument.
19.00 Restrictions on Lobbying:
2
19.10 Federal:The Agency agrees that no federal appropriated funds have been paid or will be paid by or on MI
behalf of the Agency,to any person for influencing or attempting to influence any officer or employee of any federal co
agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the 0
entering into of any cooperative agreement,and the extension,continuation,renewal,amendment or modification of any a.
federal contract,grant,loan or cooperative agreement.
if any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of a)
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement,the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with
its instructions, cs
The Agency shall require that the language of this section be included in the award documents for all sub-awards at all `t
tiers(including subcontracts,sub-grants,and contracts under grants,loans and cooperative agreements)and that all
sub-recipients shall certify and disclose accordingly.
19,20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
20.00 Vendors Rights:Vendors(In this document identified as Agency)providing goods and services to the
Department should be aware of the following time frames. Upon receipt,the Department has five(5)working days to
inspect and approve the goods and services unless the bid specifications,purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20
days are measured from the latter of the date the Invoice is received or the goods or services are received,inspected
and approved.
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If a payment is not available within 40 days after receipt of the Invoice and receipt,inspection and approval of goods and
services,a separate interest penalty in accordance with Section 215.422(3Xb),F.S.will be due and payable, in addition
to the invoice amount to the Agency.The interest penalty provision applies after a 35 day time period to health care
providers,as defined by rule.Interest penalties of less than one(1)dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the a.
Department.The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236. o.
21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, 2
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, 2
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
cd
supplier,subcontractor, or consultant under a contract with any public entity, and may not transact business with any w
public entity in excess of the threshold amount provided in s.287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
22.00 Discrimination:An entity or affiliate who has been placed on the discriminatory vendor list may not submit a_
a bid on a contract torovide any y 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 rn
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.
23.00 E-Verify: E
Vendors/Contractors: ;a
1. shall utilize the U.S. Department of Homeland Security's E-Verlfy system to verify the employment eligibility o
of all new employees hired by the Vendor/Contractor during the term of the contract;and a
2.shall expressly require any subcontractors performing work or providing services pursuant to the state contract yi
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.
24.00 Inspector General Cooperation:
The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes,and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes. Q
2
2
IN WiTNESS WHEREOF,the parties hereto have caused these presents be executed, the day and year first above written. Mi
AGENCY FOOT
0
Collier County Airport Authority nQ.
AGENCY NAME DEPARTMENT OF TRANSPORTATION
Chris Smith °'
SIGNATORY(PRINTED OR TYPED) Trit.E Director of Transportation Development
Lzia
e
SIGNATURE LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
See attached Encumbrance Form for date of Funding
Approval by Comptroller
TITLE
ATTEST Approved as to form and legality
DWIGHT E. BROCK, C1 rknom,
Sy:
Assistant County Attorney p--
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Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:4401144-94-01
Contract Number: G0E63
Original Agreement
EXHIBIT"A"
PROJECT DESCRIPTION AND RESPONSIBILITIES a;
ft
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005 a.
Mainsail Drive, Suite 1, Naples, Florida 34114 referenced by the above Financial Project
Number. 2
2
PROJECT LOCATION: Immokalee Regional Airport w
0
PROJECT DESCRIPTION: Master Plan and Airport Layout Plan Update
n.
SPECIAL CONSIDERATIONS BY AGENCY:
a>
The audit report(s) required in paragraph 6.50 of the Agreement shall include a schedule of ea
project assistance that will reflect the Department's contract number, Financial Project Number Q.
and the Federal Identification number, where applicable and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding cin
action from any other source with respect to the project. Q
U
The plans and specifications review required in paragraph 13.00 of the Agreement shall include
an Engineer Certification and compliance with Department requirements as outlined in Exhibit
4,c,.
a
COMPLIANCE WITH LAWS
The Vendor shall allow public access to all documents,papers, letters, or other material subject 2�
to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in
conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public
agency the Vendor shall:
(1) Keep and maintain public records that ordinarily and necessarily would be a.
required by the Department in order to perform the services being performed by the Vendor.
(2) Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed the cost E
provided in chapter 119,Florida Statutes,or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Vendor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
Exhibit A,Page 1 of 3
CM) 1
Packet Pg. 2097
— 16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
records disclosure requirements. All records stored electronically must be provided to the
Department in a format that is compatible with the information technology systems of the a;
Department.
Failure by the Vendor to grant such public access shall be grounds for immediate unilateral J
cancellation of this Agreement by the Department. The Vendor shall promptly provide the
Department with a copy of any request to inspect or copy public records in possession of the
Vendor and shall promptly provide the Department a copy of the Vendor's response to each such
M
request.
0
SPECIAL CONSIDERATIONS BY DEPARTMENT:
o.
Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. rn
Each deliverable must specify the required level of service to be performed and the Department's
criteria for evaluating successful completion. The items must be submitted and approved a.
through the Florida Aviation Database http://www.florida-aviation-database.com/filed under the
appropriate Financial Management (FM) number to meet the deliverable requirements. The in
deliverables must be received and accepted by the Department prior to the payment of services. Q
The Department of Financial Services Internet link below provides guidance on clear and v
comprehensive scopes and deliverables development. The scope of work and deliverables are aJ�
specifically addressed in chapter 3:
http://www.myflori dacfo.com/aadir/docs/ContractandGrantManagementUserGuide.pdf J
Phased Airport Project: An Aviation Development Project already under a Joint Participation
Agreement (JPA), where additional funding may be allocated or project funding shares revised
M
by the Department in subsequent fiscal years or Work Program Development cycles up to the
allowed maximum Department share for the final project cost.
Narrative This project is for the update of the airport's Master Plan and includes a
the update of the Airport Layout Plan.
c
E
Justification The last full set Airport Layout Plan set was completed in late 2008. Due .5
U
to the reconfiguration of runways in recent construction projects, a full
set update is needed in order to analyze and depict potential airspace and
approach obstructions.
Exhibit A,Page 2 of 3
Packet Pg. 2098
I6.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number.GOE63
Original Agreement
Planning Phase
a)
1. The Agency must submit a signed copy of an agreement between the Agency and its a
third-party consultant, incorporating the scope of services and schedule of values
which have been approved by the Department. The scope of services must include or
incorporate by reference a schedule of values that will be used to approve payments 2
to the third-party consultant. The scope of services and schedule of values must be 2
approved in writing by the Department before the Agency enters into an agreement o
with its third-party consultant. The schedule of values shall be a complete and
detailed itemization describing each subcategory of work and related pay items and
their associated total value, quantity, unit of measurement and unit price/cost. The
consultant should invoice the Agency on a regular basis using the approved schedule
of values and one of the following methods:
a. Percentage Completed. For this method the consultant's invoice should list a a
detailed description of each task in the approved scope of services and schedule
(13
of values, the dollar value amount for the item, the percentage competed for the
item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the consultant's invoice should list a detailed vi
description of each task in the approved scope of services and schedule of values, as
the dollar value amount for each item, indicate which task have been completed,
and the dollar value for each task completed. a.
J
2. The Agency shall sign each invoice submitted to the Department and certify thereon
that the Agency has verified that the percentages of and/or task completions are Mi
correct and that the amounts indicated on the invoice are correct.
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t9
3. Any change(s)to the approved scope of services or schedule of values will require a
a.
change order approved by the Department, and signed by the Agency and the third- -'
party consultant. Invoices incorporating unapproved changes cannot be submitted by
the Agency or paid by the Department. Invoices submitted to the Department with
any unapproved charges will be rejected by the Depaitment.
Exhibit A,Page 3 of 3
W
Packet Pg. 2099
16.G.3.b
Collier County
Collier County Airport Authority
lmmokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
EXHIBIT"B"
PROJECT BUDGET
Q.
J
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite 1, Naples, Florida 34114 referenced by the above Financial Project w
Number.
0
n.
Expiration Date: June 30,2020
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Project funds are programmed in the Department's Work Program in the following fiscal year(s): Q.
FY 2017 v�
Federal Funding(FAA) $ 152,078.00 0
State Funding(DPTO $8,225.00 0
Local Funding(LF) $ 8,673.00 w1
Total $ 168,976.00
a.
J
Project years may be advanced or deferred subject to Legislative appropriation or availability of 2
funds.
M
State funds programmed on this project must be expended by the expiration date and an invoice o
for their reimbursement to the agency submitted to the Department within 120 days of the C�
expiration date.
a
Funds that become five years old prior to the expiration of the agreement will not be retained in
the Departments Work Program. Any expenditures not invoiced for reimbursement prior to May
1st of the fifth year of such funds will be forfeited by the agency.
It is expected that work will begin within 90 days of the execution date of this agreement and
invoicing shall occur at a minimum of every 12 months to avoid project deletion.
Exhibit 13,Page 1 of 1
I
Packet Pg. 2100
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
EXHIBIT "C"
AVIATION PROJECT REQUIREMENTS &PROGRAM ASSURANCES a;
c.
This exhibit forms an integral part of that certain Joint Participation Agreement between the a.
State of Florida, Department of Transportation and the Collier County Airport Authority, 2005
Mainsail Drive, Suite 1, Naples, Florida 34114 referenced by the above Financial Project
Number. _
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A. General
a
1. The assurances herein shall form an integral part of the Joint Participation Agreement
(Agreement) between the State of Florida, Department of Transportation (Department) and rn
the airport sponsor, whether county or municipal government body or special district, such as r'
an Airport Authority(herein,collectively referred to as"Agency"). a
2. These assurances delineate the obligations of the parties to this Agreement to ensure their
commitment and compliance with specific provisions of Exhibit A, "Project Description and
responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public
investment in public-use airports and the continued viability of the Florida Aviation System. v�
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 itemsa.
installed within a facility for an airport development or noise compatibility program project,
but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement 0-)
regarding Exclusive Rights and Airport Revenue so long as the property is used as a public
airport.
0
6. There shall be no limit on the duration of the terms and assurances of this Agreement
with respect to real property acquired with funds provided by the State of Florida.
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7. Subject to appropriations, the Department shall continue to comply with its financial a)
commitment to this project under the terms of this Agreement, until such time as the
Department may determine that the Agency has failed to comply with the terms of the a
Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the
terms of the Agreement and/or these assurances shall be notified, in writing, by the
Department,identifying the specifics of the non-compliance and any corrective action by the
Agency to remedy the failure.
Exhibit C,Page 1 of 15
{
40
Packet Pg. 2101
I6.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:GOE63
Original Agreement
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. -a
10.Any history of failure to comply with the terms of an Agreement and/or assurances will a.
jeopardize the Agency's eligibility for further state funding of airport projects by the a
Department.
a
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies,with respect to this project, it will w
comply,within its authority,with all applicable,current laws and rules of the State of Florida C9
and local government, as well as Department policies, guidelines, and requirements, a
including but not limited to the following;
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a.
a. Florida Statutes(F.S.)
• Chapter 163, F.S., Local Government Comprehensive Planning and Land
Development
U
• Chapter 329,F.S.,Aircraft:Title;Liens;Registration;Liens
• Chapter 330,F.S.,Regulation of Aircraft,Pilots,and Airports
-a
•
Chapter 331,F.S.,Aviation and Aerospace Facilities and Commerce
a
* Chapter 332,F.S.,Airports and Other Air Navigation Facilities
• Chapter 333,F.S.,Airport Zoning 2
b. Florida Administrative Code(FAC)
* Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of C)
Compliance Q
a.
Chapter 14-60,FAC,
• Airport Licensing,Registration,and Airspace Protection ,,,
• Section 62-256.300(5)FAC,Open Burning,Prohibitions,Public Airports °'
• Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport
Safety
cj
c. Local Government Requirements
• Airport Zoning Ordinance
* Local Comprehensive Plan
d. Department Requirements
Exhibit C,Page 2 of 15
CG
Packet Pg.2102
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number;440114-1-94-01
Contract Number:GOE63
Original Agreement
• Eight Steps to Building a New Airport
• Florida Airport Financial Resource Guide
• Florida Aviation Project Handbook a
eL
• Guidebook for Airport Master Planning
a.
• Guidelines for Plan Development Q
2. Construction Certification: The Agency hereby certifies, with respect to a
construction-relatedJ ro'ect, that all design gn plans and specifications will comply with
applicable federal, state, local, and professional standards, as well as Federal Aviationto
Administration(FAA)Advisory Circulars(AC's)and FAA issued waivers thereto, including
but not limited to the following:
a. Federal Requirements
0
• FAA AC 70/7460-1,Obstruction Marking and Lighting
• FAA AC 150/5300-13,Airport Design
b. Local Government Requirements
Local Building Codes Cl)
*
Ft
• Local Zoning Codes v
c. Department Requirementsa.
• Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highways (Commonly Referred to as the "Florida a.
Green Book")
• Manual on Uniform Traffic Control Devices
• Section 14-60.007,Florida Administrative Code,"Airfield Standards for Licensed
Airports"
C
• Standard Specifications for Construction of General Aviation Airports
a.
3. Land Acquisition Certification: The Agency hereby certifies, regarding land -'
acquisition, that it will comply with applicable federal and state policies, regulations, and
laws, including but not limited to the following:
a. Federal Requirements cca
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970
• National Environmental Policy of 1969
Exhibit C,Page 3 of 15
•
Packet Pg. 2103
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number.G0E63
Original Agreement
• 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 Q,
b. Florida Requirements a.
J
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through 2
Condemnation) g
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: w
Condemnation)
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• Section 286.23,F.S.,Public Business:Miscellaneous Provisions
a
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement,
that it has the legal authority to enter into this Agreement and commit to this project; that a
resolution, motion,or similar action has been duly adopted or passed as an official act of the E
airport sponsor's governing body authorizing this Agreement,including assurances contained
therein, and directing and authorizing the person identified as the official representative of p
the governing body to act on its behalf with respect to this Agreement and to provide any Q
additional information as may be required. m�
2. Financial Authority: The Agency hereby certifies, with respect to this project
Agreement,that it has sufficient funds available for that portion of the project costs which area.
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 a
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.
RS
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 Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport
upon reasonable notice.
2. Good Title
Exhibit C,Page 4 of 15
inkIV I
Packet Pg. 2104
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
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.
as
b. For noise compatibility program projects undertaken on the airport sponsor's
property, the Agency holds good title, satisfactory to the Department, to that portion of
the property upon which state funds will be expended, or gives assurance, satisfactory to
the Department,that good title will be obtained.
3. Preserving Rights and Powers
a. The Agency will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms and assurances
of this Agreement without the written approval of the Department. Further, it will act
promptly to acquire, extinguish, or modify, in a manner acceptable to the Department,
any outstanding rights or claims of right of others which would interfere with such
performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity
or person other than the Agency or an employee of the Agency, the Agency will reserve E
sufficient rights and authority to ensure that the airport will be operated and maintained inat
accordance with the terms and assurances of this Agreement.
C
4. Hazard Removal and Mitigation 4
1
a. For airport hazards located on airport controlled property, the Agency will clear and
protect terminal airspace required for instrument and visual operations at the airport Q.
(including established minimum flight altitudes) by removing, lowering, relocating, a.
marking, or lighting or otherwise mitigating existing airport hazards and by preventing
the establishment or creation of future airport hazards. Q
b. For airport hazards not located on airport controlled property, the Agency will work
in conjunction with the governing public authority or private land owner of the property
to clear and protect terminal airspace required for instrument and visual operations at the
airport (including established minimum flight altitudes) by removing, lowering, 0
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by a
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 `z
with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take
appropriate action necessary to ensure local government adoption of an airport zoning
ordinance or interlocal agreement with another local government body having an airport
zoning ordinance,consistent with the provisions of Section 333.03,F.S.
Exhibit C,Pages of 15
S
Packet Pg.2105
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
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. v
rts
c. The Agency assures that it will disapprove or oppose any attempted change in localE.
land use development regulations that would adversely affect the current or future levels
of airport operations by creation or expansion of airport incompatible land use areas.
Q
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned
future land use development plans approved by the local government having
jurisdictional responsibility for the area surrounding the airport. 0
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
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c. The Agency will consider and take appropriate actions,if deemed warranted,to adopt
the current, approved Airport Master Plan into the local government comprehensive plan.
E
7. Consistency with Airport Master Plan and Airport Layout Plan n
a, The Agency assures that any project, covered by the terms and assurances of this
Agreement,is consistent with the current,approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this
Agreement, is consistent with the current, approved Airport Layout PIan (ALP), which
shows:
a
(1) The boundaries of the airport and all proposed additions thereto, together with the Q
boundaries of all offsite areas owned or controlled by the Agency for airport purposes
and proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars, and
roads), including all proposed extensions and reductions of existing airport facilities; a
and
(3) The location of all existing and proposed non-aviation areas on airport property
and of all existing improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the
airport or any of its facilities that are not consistent with the Airport Master Plan and the
Airport Layout Plan, as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment,
revision, or modification thereof,shall be subject to the approval of the Department.
8. Airport Financial Plan
Exhibit C,Page 6 of 15
Cq®
Packet Pg. 2106
16.G.3.b
Collier County
Collier County Airport Authority
Immokaiee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:GOE63
Original Agreement
a. The Agency assures that it will develop and maintain a cost-feasible financial plan to
accomplish the projects necessary to achieve the proposed airport improvements
identified in the Airport Master Plan and depicted in the Airport an
Layout Plan
updates thereto. Y , and any
a.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering `t
availability of state and local funding and likelihood of federal funding under the 2
FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are
inconsistent with the Iocal government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept -,
current in the Joint Automated Capital Improvement Program(JACIP)online website.
9. Airport Revenue a)
The Agency assures that all revenue generated by the airport will be expended for capital a
improvement or operating costs of the airport; the local airport system; or other local co
facilities which are owned or operated by the owner or operator of the airport and which cit
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
m
a. The Agency assures that it will maintain a fee and rental structure for facilities and
services at the airport that will make the airport as self-sustaining as possible under the J
circumstances existing at the particular airport.
b, if this Agreement results in a facility that will be leased or otherwise produce 2
revenue, the Agency assures that the price charged for that facility will be based on the Mi
fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not 0
exceed a period of 30 years.
e_
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 airport property for aircraft storage or tenant use at f°
the expense of the aircraft owner or tenant, the airport owner or operator may grant to the
aircraft owner or tenant of the facility a lease that is subject to such terms and conditions
on the facility as the airport owner or operator may impose, subject to approval by the
Department.
b. Duration of the terms or conditions in Section Dlla shall not exceed a period of 30
years,
Exhibit C,Page 7 of 15
Packet Pg.2107
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:GOE63
Original Agreement
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 a
the public,
Q
(1) The sponsor may establish such reasonable, and not unjustly discriminatory, Q
conditions to be met by all users of the airport as may be necessary for the safe and
efficient operation of the airport,
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical w
use of the airport if such action is necessary for the safe operation of the airport or C9
necessary to serve the civil aviation needs of the public.
a.
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 rn
FBOs making the same or similar uses of such airport and utilizing the same or similar r'
facilities,
13.Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension,
OQ
or runway location that the project will be located,designed, constructed, and operated so o
as to comply with applicable air and water quality standards. 4,i
14. Operations and Maintenancera
C.
a. The Agency assures that the airport and all facilities,which are necessary to serve the a.
aeronautical users of the airport, shall be operated at all times in a safe and serviceable a
condition and in accordance with the minimum standards as may be required or
prescribed by applicable federal and state agencies for maintenance and operation, as
well as minimum standards established by the Department for State of Florida licensing ��
as a public-use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. a.
(2) Except in emergency situations, any proposal to temporarily close the airport for
non-aeronautical purposes must first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen
of any condition affecting aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when adverse weather conditions interfere
with safe airport operations.
15.Federal Funding Eligibility
Exhibit C,Page 8 of 15
6
Packet Pg.2108
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
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. F;
b. Ineligibility for federal funding of airport projects will render the Agency ineligible
for state funding of airport projects.
o.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations 2
pertaining to this airport project within one year after the effective date of this
Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to
approval by the Department District Secretary or designee. n.
c. Failure of the Agency to make expenditures,incur obligations or receive an approved
extension may allow the Department to terminate this Agreement. rn
17. Exclusive Rights n.
The Agency assures that it will not permit any exclusive right for use of the airport by any re
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
to
that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities,
or any area used for emergency equipment, fuel, supplies, passengers, mail and freight,
radar, communications, utilities, and landing systems, including but not limited to flight a
operations, ground services, emergency services, terminal facilities, maintenance, repair,
or storage,except for those normal airportproviders responsible for standard airport2
8 . eP p daily 2
services or during special events at the airport open to the public with limited and MI
controlled access. ca
b. The Agency assures that it will not grant or allow general easement or public access 0
to any portion of the airfield from adjacent real property which is not owned,operated,or nQ
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 v
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.
Exhibit C,Page 9 of 15
C
Packet Pg. 2109
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number.440114-1-94-01
Contract Number:G0E63
Original Agreement
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. Q
b. Further, the Department maintains the right to disapprove the proposed project scope n
and cost of professional services.
21. Planning Projects
If this project involves planning or other aviation studies,the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved
modifications. a.
a
b. Furnish the Department with such periodic project and work activity reports as
indicated in the approved scope of services. a,
c. Make such material available for public review, unless exempt from public o.
disclosure.
(1) Information related to airport security is considered restricted information and is `n
exempt from public dissemination per Sections 119.071(3) and 331.22 Florida a
Statutes,
(2) No materialr ared under this Agreementas
p eP shall be subject to copyright in the a
United States or any other country.
a
d. Grant the Department unrestricted authority to publish, disclose, distribute, and c
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 M�
System Plan, will identify reasonable future growth of the airport and the Agency will o
comply with the Department airport master planning guidebook,including: 0
(1) Provide copies, in electronic and editable format, of final project materials to the a..
Department, including computer-aided drafting (CAD) files of the Airport Layout -'
Plan. c
(2) Develop a cost-feasible financial plan, approved by the Department, to
accomplish the projects described in the Airport Master Plan or depicted in the
Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall
realistically assess project phasing considering availability of state and local funding
and federal funding under the FAA's priority system.
(3) Enter all projects contained in the cost-feasible plan in the Joint Automated
Capital Improvement Program(JAC1P).
Exhibit C,Page 10 of 15
Packet Pg.2110
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number.GOE63
Original Agreement
f. The Agency understands and agrees that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not
constitute or imply any assurance or commitment on the part of the Department to °,
approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department
and, if required, FAA approval prior to submitting any invoices to the Department for -'
payment.
2
h. The Department may extend the 5-day requirement for the approval and inspection of
goods and services to allow for adequate time for review (reference Section 215.422(1),
F.S.). c
22. Land Acquisition Projects
a
If this project involves the purchase of real property,the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such
action.
b. Administration: Maintain direct control of project administration,including:
(1) Maintain responsibility for all related contract letting and administrative
procedures. a
(2) Secure written Department approval to execute each agreement for the purchase a)
of real property with any third party.
(3) Ensure a qualified, State certified general appraiser provides all necessary
services and documentation.
J
(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. a
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state,and local project funds. 0
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for a.
Iand purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply
with the following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the
land purchase within 60 days of executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the `t
Department, in writing, within 14 calendar days of receiving the federal funds and is
responsible for reimbursing the Department within 30 calendar days to achieve
normal project federal, state, and local funding shares per Chapter 332, Florida
Statutes.
Exhibit C,Page 11 of 15
ANL
Packet Pg.2111
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
(3) If federal funds are not received for the land purchase,the Agency shall reimburse
the Department within 30 calendar days after the reimbursable funds are to achieve
normal project state and local funding shares as described in Chapter 332, Florida
Statutes. ro
(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 a.
332, F.S., when reimbursable funds are due, no reimbursement to the Department
shall be required.
d. New Airport: If this project involves the purchase of real property for the
CD
development of a new airport,the Agency assures that it will: u.1
(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 a
purchase.
0
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land a
purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in
accordance with the terms and assurances of this Agreement within 10 years of Q
acquisition. v i
f. Disposal of Land: For disposal of real property purchased in accordance with the
terms and assurances of this Agreement, the Agency assures that it will comply with the
following: n.
(1) For land purchased for airport development or noise compatibility purposes, the `L
Agency will, when the land is no longer needed for such purposes, dispose of such g
land at fair market value and/or make available to the Department an amount equal to Mi
the state's proportionate share of its fair market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if: t�
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise a
buffer.
(b) Revenue from uses of such land contributes to airport financial self-
sufficiency.
c
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to Q
retention or reservation of any interest or right therein needed to ensure such land will
only be used for purposes compatible with noise levels related to airport operations.
(4) For disposal of real property purchased with Department funding:
Exhibit C,Page 12 of 1S
Packet Pg. 2112
I 6.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number:G0E63
Original Agreement
(a) The Agency will reimburse the Department a proportional amount of the
proceeds of the sale of any airport-owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the
Department financing of the acquisition of the real property multiplied against the
sale amount, and shall be remitted to the Department within ninety (90) days of a.
closing of sale. a-
Zit
(c) Sale of real property acquired with Department funds shall be at fair market 2
value as determined by appraisal, and the contract for sale must be approved in
advance by the Department. M
co(d) If any portion of the proceeds from the sale to the Agency is non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations. a.
23.Construction Projects: The Agency assures that it will: e
rn
a. Project Certifications: Certify project compliances,including
(1) Consultant and contractor selection comply with all applicable federal, state and E
local laws,rules,regulations,and policies. ;3
(2) All design plans and specifications comply with federal, state, and professional
standards and applicable FAA advisory circulars, as well as the minimum standards 4
v
established by the Department for State of Florida licensing as a public-use airport.
(3) Completed construction complies with all applicable local building codes. a
(4) Completed construction complies with the project plans and specifications with
o_
certification of that fact by the project Engineer.
b. Design Development: For the plans, specifications, construction contract
documents, and any and all other engineering, construction, and contractual documents
produced by the Engineer, which are hereinafter collectively referred to as "plans", the w
Agency will certify that:
C7
(1) The plans shall be developed in accordance with sound engineering and design a.
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 13 of this Agreement.
(3 The project Engineer shall perform a review of the certification requirements `"
listed in Section 132 above and make a determination as to their applicability to this
project.
(4) Development of the plans shall comply with all applicable laws, ordinances,
zoning and permitting requirements, public notice requirements, and other similar
regulations.
Exhibit C,Page 13 of 15
C`1®
Packet Pg.2113
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number: G0E63
Original Agreement
c. Inspection and Approval: The Agency assures that:
(I) The Agency will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans,
co
specifications, and schedules approved by the Department for the project.
(2) The Agency assures that it will allow the Department to inspect the work and that
it will provide any cost and progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary,
as required by the Department, for work which does not conform to Department
standards.
cod. Pavement Preventive Maintenance: The Agency assures that for a project
involving replacement or reconstruction of runway or taxiway pavement it has
implemented an airport pavement maintenance management program and that it will use
such program for the useful life of any pavement constructed, reconstructed, or repaired rn
with state financial assistance at the airport. a'
24. Noise Mitigation Projects: The Agency assures that it will: Q
a. Government Agreements: For all noise compatibility projects that are carried out
by another unit of local government or are onroby
P Pert}' owned a unit of local Opt
government other than the Agency, the Agency shall enter into an agreement with that v
government body. i
(1) The local agreement, satisfactory to the Department, shall obligate the unit of
local government to the same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is
substantial non-compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to
exclude future actions against the airport. o
c9
(2) The Agency assures that it will take steps to enforce the agreement if there is as
substantial non-compliance with the terms of the agreement.
25.Requests for Reimbursement(Invoke Submittals): In accordance with Section
215.422 Florida Statutes and the requirement of Paragraph 20.00 of this Agreement: -c
a. Required Submittal Format
co
The Agency shall submit invoices on forms provided by the Department and prepared
in accordance with instructions given by the Department. Back-up documentation
will include the appropriate items necessary to verify costs incurred and the eligibility
of said costs.
b. Approval of Submittal
Exhibit C,Page 14 of 15
® Packet Pg. 2114
16.G.3.b
Collier County
Collier County Airport Authority
Jmntokalee Regional Airport
Financial Project Number:440114-1-94-01
Contract Number.G0E63
Original Agreement
Goods or services received under this agreement shall be approved/disapproved by
the Department no later than five(5)working days after receipt,by the District Public
Transportation Office, of a properly prepared and submitted invoice. Should the a;
invoice be incomplete or incorrect, the Department shall inform the Agency within -a
five(5)working days of receipt and return the invoice for corrections.
26. Third Party Contracts: The Department must approve third party contracts pursuant to
Paragraph 10.10 except that written approval is hereby granted for:
a Contracts for materials from a valid state or intergovernmental contract. Such materials
must be included in the Department approved project scope and/or quantities. c
0
b. Contracts,purchase orders,and construction change orders(excluding engineering
consultant services)up to the threshold Iimits of Category Three. Such contracts must be
for services and/or materials included in the Department approved project scope and/or
quantities.Purchasing Categories and Thresholds are defined in Section 287.017 Floridaco
Statutes,and in Rule Chapter 60,Florida Administrative Code.The threshold limits are
adjusted periodically for inflation,and it shall be the sole responsibility of the Agency to n.
ensure that any obligations made in accordance with this section comply with the current
threshold limits. Obligations made in excess of the appropriate limits shall be cause for (I)
Department non-participation.
U
c. Contracts,purchase orders,and construction change orders that exceed the current JPA
budget,provided they are within the threshold limits of Category Three, as defined in -a
Section 287.017 Florida Statutes,and in Rule Chapter 60,Florida Administrative Code.
Such contracts must be for services and/or materials included in the Department approved a
project scope and/or quantities.
27. Force Account Work: "Force Account Work"by the Agency utilizing their own
forces and equipment must be approved in writing by the Department prior to performance.
(.9
o.
a)
Exhibit C,Page 15 of 15
QI
Packet Pg. 2115
16.G.3.b
Collier County
Collier County Airport Authority
Immokalee Regional Airport
Financial Project Number:4401 14-1-94-01
Contract Number:G0E63
Original Agreement
EXHIBIT"D"
STATE FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State a.
of Florida,Department of Transportation and the Collier County Airport Authority,2005 Mainsail <
Drive,Suite 1,Naples,Florida 34114 referenced by the above Financial Project Number.
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
a.
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
C)
Awarding
Florida Department of Transportation
Agency:
State Project
AVIATION DEVELOPMENT GRANTS
Title: 0
CSFA Number: 55.004 c.)
*Award Amount: $8,225.00 a)
a
*The state award amount may change with supplemental agreements a.
-J
Specific project information for CSFA Number 55.004 is provided at: 2 ;
https://apps.fidfs.com/fsaafsearchCatalog.avx 2
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT: a.
4E;
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
ht-osim
The State Projects Compliance Supplement is provided at:
https://apps, d is.co rnifs at/compliance.aspx
010
Packet Pg.2116