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Agenda 04/12/2011 Item #16G2 4/12/2011 Item 16.G.2. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of "Master Joint Participation Agreement 20ll-A" with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport, and authorize associated budget ameudmeuts. OBJECTIVE: That the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorizes its Chainnan to execute the attached Resolution authorizing the execution of Master Joint Participation Agreement (MJPA) 2011-A with the Florida Department of Transportation (FOOT) for funding projects at Everglades, Immokalce, and Marco Island Airports, and approve the associated budget amendments. ,- CONSIDERATIONS: Each fiscal year the FOOT updates its five-year funding program and requires the funding beneficiaries to review, make changes and sign the new annual MJP A. This review and any subsequent changes are presented to the CCAA and then recommcnded to the BCC for its approval. This MJP A is an up-to-date reflection of current and future, funded and unfunded requests that go through an individual approval process as funds become available. In ordcr for the CCAA to be considered for Federal Aviation Administration (FAA) funds, it is necessary to have an MJPA with the FOOT in place which includes the current and future, funded and unfunded projects. The MJPA is also a reflection of the CCAA's projected five'year Business Plan as previously presented to the BCC through workshops. This MJPA incorporates an expanded project detailed below. The project, as previously approved by the BCe and funded by FOOT, included the rehabilitation of runway 18/36 lights. Thc scope of the project has been expanded to include replacement of the homerun cable on runway 18136, the rotating beacon, and faulty connectors and transformers on taxiway A. The FOOT has provided additional funding based on this expanded scope for which local match funds have not previously been approved. IMMOKALEE AIRPORT F.M. Number .._BriefDescripti~__, BudQet PaQe 1ndex 4142981 9401 Rehab light & homerun cable runway 18;:;6, Replace rotating beacon and t:'lulty Connectors/transformers for taxi\vay A Page 2 of 4, Exhibit B This MJPA incorporates certain projects, as detailed below, which are presently funded by now existing Joint Participation Agreements that have becn previously approved. MARCO ISLAND AIRPORT F.M. Number Brief Description BudQet PaQe Index 41078819401 41429919401 SurchargelConst. TW I Apron Ph I Taxiway and Apron Page 3 of 4, Exhibit B Page 4 of 4, Exhibit B -, Packet Page -2225- 4/12/2011 Item 16.G.2. ADVISORY BOARD RECOMMENDATION: At the March 14,2011 meeting, the Airport Advisory Board voted unanimously to recommend approval of the attached Master Joint Participation Agreement 20ll-A with the Florida Department of Transportation. FISCAL IMP ACT: Budget amendments are necessary to recognize grant funds in the amount of $70,000 and transfer local match funds of $17,500. The local match is available from the Immokalee Development Fund 497. GROWTH IMPACT: The Growth Management Impact will be determined by each individual project. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote-SRT. RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, approve and authorize its Chairman to execute the anached Resolution authorizing the execution of Master Joint Participation Agreement 20 II,A with the Florida Department of Transportation to fund projects at the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport, and authorize associated budget amendments. Prepared by Chris Curry, Executive Director, Collier County Airport Authority Packet Page ,2226- 4/12/2011 Item 16.G.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2. Item Summary: Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of "Master Joint Participation Agreement 20ll-A" with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport, and authorize associated budget amendments. Meeting Date: 4/12/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 311812011 1:06:55 PM Submitted by Title: Executive Director - Airp0l1 Authority,Airport Authority Name: CurryChris 3118/2011 I :06:57 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 3/31/2011 II :07:45 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinalor, Grants Date: 3131120112:27:35 PM Name: KlatzkowJeff Tille: County Attorney. Date: 41112011 5:36:38 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Packet Page -2227- 4/12/2011 Item 16.G.2. Date: 414/201] 3:47:26 PM Name: OchsLeo Title: County Manager Date: 414/2011 5:02:57 PM Packet Page -2228. 4/12/2011 Item 16.G.2. - RESOLUTION NO. 2011- RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED MASTER JOINT PARTICIPATION AGREEMENT NUMBER 2011-A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, the Collier County Airport Authority has the authority to enter into the attached agreement with the Florida Department of Transportation to undertake projects as authorized by Chapter 332, Florida Statutes, and Section 14-60 of the Florida Administrative Code, and Ordinance 2004-03, as amended. NOW, mEREFORE, BE IT RESOLVED BY mE Collier County Airport Authority, Collier County, Collier County, Florida, that: 1. MJPA Number 20ll-A, attached hereto, is hereby approved. 2. The Chairman of the Collier County Airport Authority, Fred W. Coyle, is authorized to enter into, modify or terminate the MJPA Number 2011-A with the Florida Department of Transportation unless and until it may be specifically rescinded. 3. This Resolution shall take effect immediately upon adoption. ADOPTED this I2l!:! day of April 2011 after motion, second and majority vote in favor of adoption. A TrEST: COLLIER COUNTY AIRPORT AUTHORITY. COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Jeff A. Klatzkow, County Atto e C:\DocumenlS and SettingS\leaducott\Local SettingslTemporary Internet Fi/esIConsent.Outlook\GIX7H3PL\BCC Master Joint Participation Agreement- MJPA 201 I-A April20l1.docx Packet Page -2229- --- 4/12/2011 Item 16.G.2. STATE OF FLORIDA DEPARTMENT OF l"RANSPQRTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORT AIION 02m Page 1 0114 Financial Project No(s).: Fund: 010 FLAIR 088719 (item-segment~ph ase-seque nee) Function: 215 Object Code. 75DDD4 See Exhibit "A" Federal No._ N/A Org. Code: 55012020129 Contract No.: See Exhibrt "B" DUNS No.: 076997790 Vendor No.: F596000558004 CFDA Number N/A CSFA Numbec 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Airport Authority 2005 Mainsail Drive, Suite 1, Naples, Florida 34114 .__.. hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before See Exhibit "BOO in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and baianced transportation system and is authorized under 332.~06(6) Florida Statutes. to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide a Master Joint Participation Agreement whereby the Department shall participate in multiple avaition projects at Everglades. Immokalee, and Marco Island Airports. (whiCh Agreement shall be identified as Master Joint Participation Agreement 2011-A) and as further described in Exhibit(s) A, B, C. D, & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Page ,2230- 4/12/2011 Item 16.G.2. 725-03M6 PU8l1C TRANSPORTATION 02111 Psge2of14 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, penmit. notice or other proceeding or authorization is requis~e under applicable law to enable the Agency to enter into this Agree~ent or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement. the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C' attached hereto and by this reference made a part hereof 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit "8" . This amount is based upon the estimate summarized in Exhibtt "8" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ See Exhibit "8" as detailed in Exhibit "8". or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & 8) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown In paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Department:s total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed. at the Department s dIscretion, on or before the completion of the final project audit. Packet Page -2231- 4/12/2011 Item 16.G.2. 72S-030-06 PUBLIC TRANSPORTATION 0211' Page 30114 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Ag.ency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall mcur obligations agamst and make disbursements of project funds only in confonmity with the latest approved budget for the proJect. No budget Increase or decrease Sh~1I be effective unless it complies with fund participation requirements established m Section 4.00 of this Agreement and IS approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20. payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment Will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receIpt of a final InVOice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in confonmity with requirements established by Department's program guidelines/procedures and "Principles for State and t.ocal Governments", separate accounts to be maintained within its existing accounting system or establish independent a=unts. Such accounts are referred to herein collectively as the "project account". Documentation of the project a=unt shall be made avaiiable to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project a=unt. and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to. or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department. by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department 7.30 Costs Incurred for the Project: The Agency shall charge to the project a=unt all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Proj ect Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls. time records. invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucJ1er then on file in the office of the Agency stating in proper detail the pU'1'ose for which such check or order is drawn. All checks. payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the projed shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Department. including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections. reviews. investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General. or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Packet Page ,2232- 4/12/2011 Item 16.G.2. 725-030-06 PUBLIC TRANSPORT AllON 0211' Page4of14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site VISits by Department staff, limited scope audits as defined by OMS Circular A-133. and/or other procedures. The Agency agrees to comply and cooperate fully with any monttoring procedures/processes deemed appropnate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropnate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local govemment, or non-profit organizations as defined in OMS Circular A-1 33 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audttconducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In detenmining the Federal awards expended in tts fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A.133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. I n connection with the audtt requirements addressed in Part I, Paragraph 1.. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph t" an audit conducted in accordance with the provisions of OMS Circular A,133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m). Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. I n the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97. Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental enttties) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In detenmining the state financial assistance expended in its fiscal year. the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. I n connection with the audtt requirements addressed in Part II, Paragraph 1" the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. 3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it Packet Page -2233- 4/12/2011 Item 16.G.2. 725-03Q..06 PUBLIC TRANSPORTATION 02111 Page5of14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals. or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OM B Circular A-133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33830 B. The number of copies required by Sections .320 (d)(1) and (2). OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville. IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A.133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133. the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipienfs audited schedule of expenditures of Federal awards directly to each of the following: 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33830 In addition, pursuant to Section .320 (I), OMB Circular A'133, as revised. the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33830 Packet Page -2234, 4/12/2011 Item 16.G.2. 72S-03Q.06 PUBLIC TRANSPORTATION 02/11 Page6of14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33830 B. The Auditor General's Office at the following address: Audttor Generars Office Room 401 , Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directiy to: A The Department at each of the following addresses: 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33830 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OM B Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for'profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audtt report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be fumished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records. together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audtt findings, recommendations, and corrective action plans. Packet Page -2235- 4/12/2011 Item 16.G.2. 725-030-06 PUBLIC TRANSPORTATION 02111 Page7of14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or dama.ge due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such eqUipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of Its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Pubiic Transportation Office 80t North Broadway Avenue, Bartow. Florida . FL. 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit, (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance wrth all federal laws, rules and procedures required by any federal oversight agency and with all state laws. rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However. notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof. or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement. or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance. the Agency will reimburse the Department for ail disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Packet Page ,2236- 4/12/2011 Item 16.G.2. 725-030.06 PUBLIC TRANSPORTATION 02111 Page 8 of14 8.30 Disallowed Costs: In detemnining the amount of the payment, prior to receipt of annual notification offunds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreemen~ the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Tenmination or Suspension of Project: 9.10 Tenmination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason. the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obiigations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Tenmination or Sus pension. Upon receipt of any final tenmination 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 temninate or suspend, as the case may be. project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is detemnined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in confomnity with the latest schedule, plan, and budget as approved by the Department or upon the basis oftemns and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancei this Agreement for refusal by the contractor or Agency to allow public access to all documents. papers, letters. or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit. and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consuttant or contractor and to approve or disapprove the employment of the same. Packet Page -2237- 4/12/2011 Item 16.G.2. 725-03D-06 PUBliC TRANSPORTATION 02.111 Page90f14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said proJ.ect .,nvolves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complYing In full with provIsions. of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the dIscretion ofthe Departm~nt, the Agency Will Involve the Department in the Consultant Selection Process for all contracts. In all cases, the Age~cy s Attorney shaUcerlify to the Department that selection has been accomplished In compliance with the Consultants Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise lOBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended. have the maximum opportunity to participate in the performance of contracts and this Agreement In this regard. all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opporiunity to compete for and perfonn contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color. national origin, Of sex in the award and perfonnance of any DOT ,assisted contract or in the administration of its D BE program or the requirements of 4 9 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 ca rry out its tenns 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 andfor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 ef seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race. age. creed, color, sex or national origin. The Agency will take affinnative action to ensure that applicants are employed. and that employees are treated during employment, without regard to their race. age, creed, color, sex, or national origin. Such action shall include, but not be limited to. the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates of payor other forms of compensation; and selection for training. including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection With th e development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts. except subcontracts for standard commercial supplies or raw matenals. When the project involves installation, construction, demolition, removal, site improvement, Of similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI . Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder. and the assurance by the Agency pursuant thereto. 13.30 Title VIII _ Civ II Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 use 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. Packet Page ,2238- 4/12/2011 Item 16.G.2. 725-030-06 PUBLIC TRANSPORTATION 02111 Page 10ct14 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer. director or employee or the office(s. directo(s or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state govemment 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewtth. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist. on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the punpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Packet Page ,2239- 4/12/2011 Item 16.G.2. 725-030.00 PUBLIC TRANSPORTATION 02/11 Page l' ct14 14.70 Use and Maintenance of Project Facilities and Equipme nt: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation Ior the period oI the usefui hIe of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment In good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facIlity or equipment. SaId proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify. defend, and hold harmless the Department and all of its officers, agents. and employees from any claim, loss. damage, cost. charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents. or employees, during the pertormance of the Agreement. except that neITher the Agency, its agents. or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge. or expense arising out of any act, error. omission, or negligent act by the Department or any of its officers. agents, or employees during the pertormance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the pertormance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After re viewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the ciaim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notrry the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations. and trial. if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses attrial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion. Agency Certification: The Agency will certify in writing on or attached to the final invoice. that the project was completed in accordance with applicable plans and specifications. is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Packet Page ,2240- 4/12/2011 Item 16.G.2. 725-03Q..06 PUBLIC TRANSPORTATION 02111 Page 12c114 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year. shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract verbal or written, made in violation of this subsection is null and void, and no money may be paId on such contract: The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment offunds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be Incorporated verbatim in all contracts of the Department which are for an amount in excess of 25.000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before See Exhibit."B" . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the finai invoice on this project to the Department within 120 days after the expiration of this Agreement 19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original. and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federai loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congr~ss, or an employee of a Memb~r of Congress in connection with this Joint Participation Agreement, the underSigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants. loans and cooperative agreements) and that ail subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Packet Page -2241- 4/12/2011 Item 16.G.2. 725-030-06 PUBliC TRANSPORT AllON 021', Page 13ct14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to . inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies othelWlse. The Department has 20 days to deliver a request for payment (voucher) to the Department of Fmanclal Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers. as defined by rule. Interest penalties of less than one (1) dollar will not be enforced uniess the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment The invoice payment requirements do not start until a properly completed invoice is provided to the Department A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (850) 413-5518. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public war!<, may not submit bids on leases of real properly to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017. F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real properly to a public entity. may not be awarded or perform work as a contractor. supplier. subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verify: The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and 2. all persons. including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department Packet Page ,2242- 4/12/2011 Item 16.G.2. 725.(130-08 PUBUC T'RANSPORTAT1ON 112I11 PaUl 14 of 14 Rnancial Project No. See Exhibit A Contract No. See Exhibit B Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Airoort Authoritv AGENCY NAME Fred W. CoYle SIGNATORY (PRINTEO OR TYPED) SIGNATURE Chainnan TITLE ATTEST: DWIGHT T. BROCK, Clerk By: as to forr. l::2ufficienCY . Klatzkow, County Attorney FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION OEPARTMENT OF TRANSPORTATION Director of TransDortation Davelooment TIl1.E ,#Jn~ Packet Page -2243- 4/12/2011 Item 16.G.2. EXHIBIT" A" PROJECTS INCLUDED This exhibit forms an integral part of that certain .Toint Participation Agreement between the State of Florida, Department of Transportation and Collier County Airport Authority. 2003 Mainsail Drive. Naoles, Florida 34114 dated This master .Toint Participation Agreement governs multiple projects that are individually identified by Financial Project Management Number (FM Number) as set forth below. The contract number, description, budget, original .TP A execution date, and expiration date for each project are fully set forth in Exhibit B hereafter. All terms and conditions of the Agreement apply to and govern each project individually. When projects are to be added to or removed from this Agreement, such changes shall be accomplished by the execution of a new master .Taint Participation Agreement between the Department and the Agency. F.M. Number Brief Description Bud2et Pa2e Index No New Projects Being Added Page I of2 Packet Page -2244- 4/12/2011 Item 16.G.2. EXISTING PROJECTS INCORPORATED This master Joint Participation Agreement hereby incorporates certain projects, as detailed below, which are presently funded by existing Joint Participation Agreements between the Department and the Agency. Upon execution, this Agreement shall replace the existing Joint Participation Agreement for such projects. All terms, conditions, obligations, rights, responsibilities, and requirements of this Agreement replace those defined by the existing Joint Participation Agreement for such projects. Department approval for all contracts, change orders, third party agreements, and other similar documentation previously issued for such projects is hereby transferred to this agreement, as if issued under this Agreement F.M. Number Brief Description Bude:et Pa!!e Index IMMOKALEE AIRPORT 414298 1 9401 Rehab Runway Lights 18/36 Page 2 of 4, Exhibit B MARCO ISLAND AIRPORT 410788 I 9401 Surcharge/Const of Taxiway & Apron Page 3 of 4, Exhibit B 414299 19401 Taxiway and Apron Page 4 of 4, Exhibit B Page 2 of2 Packet Page -2245- 4/12/2011 Item 16.G.2. EXHIBIT "B" PROJECT BUDGETS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Airport Authority, 2003 Mainsail Drive. Naples. Florida 34114 dated This master Joint Participation Agreement governs the projects identified on Exhibit A of this Agreement. The Financial Project Management Number (FM Number), contract number, description, budget, original JP A execution date, and expiration date for each project governed by this Agreement are set forth in this Exhibit B. Any other provision of this Agreement notwithstanding, the expiration or termination of this Agreement as to any project or projects shall not cause the Agreement to expire or be terminated as to other projects governed by this Agreement. Unless otherwise expressly stated, all projects identified herein include design, engineering, administration, construction, installation, and purchasing costs, as applicable to the project scope. Such costs are eligible for Department participation and reimbursement. Page 1 of 4 Packet Page -2246, 4/12/2011 Item 16.G.2. PROJECT BUDGET IMMOKALEE AIRPORT FMNumber: 41429819401 Contract Number: AOV99 Original JPA Date: June 17,2008 Expiration Date: July 1,2013 Supplemental Agreement No. One REHABILITATE LIGHTS AND HOMERUN CABLE ON RUNWAY 18/36, REPLACE ROTATING BEACON AND FAULTY CONNECTORSffRANSFORMERS FOR T AXIW A Y A I. PROJECT COST $ 262,500 II. PARTICIPATION: Agency Participation ( 20 %) $52,500 Maximum Department Participation ( 80%) $210,000 TOTAL PROJECT COST $ 262,500 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $140,000 FY 10/11 $70,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. State funds programmed on this project must be expended and an invoice for their reimbursement to the agency submitted to the Department by the following dates: FY 07/08 funds by May 1,2013 FY 10/11 funds by May 1,2016 Such funds which are not expended and invoiced by the dates indicated shall be forfeited by the agency. Invoices must be submitted at a minimum of every 24 months or the project funds are subject to deletion. Page 2 of 4 Packet Page -2247- 4/12/2011 Item 16.G.2. PROJECT BUDGET MARCO ISLAND AIRPORT FMNumber: 41078819401 Contract Number: AOF09 Original JPA Date: June 30, 2006 Expiration Date: July I, 2011 SURCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON I. PROJECT COST $ 570,000 II. PARTICIPATION: Agency Participation ( 20 %) $114,000 Maximum Department Participation ( 80%) $ 456,000 TOTAL PROJECT COST $ 570,000 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 05/06 456,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. State funds programmed on this project must be expended and an invoice for tbeir reimbursement to tbe agency submitted to the Department by the following dates: FY 05/06 funds by May 1,2011 Such funds which are not expended and invoiced by the dates indicated shall be forfeited by the agency. Invoices must be submitted at a minimum of every 24 months or the project funds are subject to deletion. Page 3 of 4 Packet Page -2248- 4/12/2011 Item 16.G.2. PROJECT BUDGET MARCO ISLAND AIRPORT FMNumber: 41429919401 Contract Number: AOR09 Original JPA Date: June 17, 2009 Expiration Date: July 1,2013 SURCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON 1. PROJECT COST: $600,000 II. PARTICIPATION: Agency Participation ( 20 %) $120,000 Maximum Department Participation, ( 80 %) $480,000 TOTAL PROJECT COST $600,000 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $280,000 FY 08/09 $200,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. State funds programmed on this project must be expended and an invoice for their reimbursement to the agency submitted to tbe Department by the following dates: FY 07/08 funds by May], 2013 FY 08/09 funds by May], 20]4 Such funds which are not expended and invoiced by the dates indicated shall be forfeited by the agency. Invoices must be submitted at a minimum of every 24 months or the project funds are subject to deletion. Page 4 of 4 Packet Page -2249- 4/12/2011 Item 16.G.2. Page 1 of11 EXHIBIT "C" A VIA nON PROJECT REQUIREMENTS & PROGRAM ASSURANCES This exhibit fOnTIs an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier Countv Airport Authority. 2003 Mainsail Drive. Naples. Florida 34114 dated A. General I. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A. "Project Description and responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regardin~ Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in \"riting, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 1 O. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification L General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) Packet Page ,2250- 4/12/2011 Item 16.G.2. Page 2 of11 . Chapter 163, F.S., Local Government Comprehensive Planning and Land Development . Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens . Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports . Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce . Chapter 332, F.S., Airports and Other Air Navigation Facilities . Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) . Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance . Chapter 14-60, F AC, Airport Licensing, Registration, and Airspace Protection . Section 62-256.300(5) F AC, Open Burning, Prohibitions, Public Airports . Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements . Airport Zoning Ordinance . Local Comprehensive Plan d. Department Requirements . Eight Steps to Building a New Airport . Florida Airport Financial Resource Guide . Florida Aviation Project Handbook . Guidebook for Airport Master Planning . Guidelines for Plan Development 2. Construction Certification: The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements . FAA AC 70/7460-1, Obstruction Marking and Lighting . FAA AC 150/5300-13, Airport Design b. Local Government Requirements . Local Building Codes . Local Zoning Codes c. Department Requirements . Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") . Manual on Uniform Traffic Control Devices . Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" Packet Page -2251- 4/12/2011 Item 16.G.2. Page 3of'1 . Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it wi], comply with applicable federal and state policies, regulations, and laws, including but not limited to the follov.ing: a. Federal Requirements . Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 . National Environmental Policy of 1969 . FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects . FAA Order 5100.3 7B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements . Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) . Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) . Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority I. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizinp this Agreement, including assurances contained therein, and directing and authorizing the person identifie. as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: I. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 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 a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or give, assurance, satisfactory to the Department, that good title will be obtained. Packet Page ,2252- 4/12/2011 Item 16.G.2. Page 4 of 11 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 sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled propeny, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding propeny owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. Packet Page -2253- 4/12/2011 Item 16.G.2. Page5of11 c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (I) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, reVISion, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a The Agency assures that it will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (I) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JAC!P) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are ov.ned or operated by the owner or operalor of Ihe airport and which are directly and suhstantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at tl airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. Packet Page -2254- 4/12/2011 Item 16.G.2. Page6of11 b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period ono years. II. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D II a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project ",ill be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. (I) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non- aeronautical purposes must first be approved by the Department. (3) The Agency assures that it ",ill have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. Packet Page -2255- 4/12/2011 Item 16.G.2. Page 7 of 11 15. Federal Funding Eligibility a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for th" airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, termine facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approvaL 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or othe('\\~se transfer or dispose of any part of its title or other interests in the real property shown as airport o"ned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport- compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Packet Page -2256- 4/12/2011 Item 16.G.2. Page8of11 a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (I) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a Laws: Acquire the land in accordance \\ith federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (I) Maintain responsibility for all related contract lening and administrative procedures. (2) Secure wrinen Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisaL Packet Page -2257- 4/12/2011 Item 16.G.2. Page gof 11 (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (I) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it ",'ill: (I) Apply for federal and state funding to construct a paved runway, associated aircraft parkin~ apron, and connecting taxiway within one year of the date ofland purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land 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 ",'ithin I 0 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (I) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state' s proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(l) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal oheal property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sa.. of any airport-owned real property. Packet Page -2258- 4/12/2011 Item 16.G.2. Page 100f11 (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: CertifY project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certifY that: (I) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply veith all applicable laws, ordinances, zoning and permitting requirements, public notice requirements. and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that jt will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Packet Page -2259- 4/12/2011 Item 16.G.2. Page 11 of 11 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit oflocal government or are on property owned by a unit oflocal government other than the Agency, the Agency shall enter into an agreement with that government body. (I) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) lbe Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non- compliance with the terms of the agreement. 25. Requests for Reimbursement (Invoice Submittals): In accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 oftrus Agreement: a. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. b. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 26. Third Party Contracts: The Department must approve third party contracts pursuant to Paragraph 12.00 except that written approval is hereby granted for: a. Contracts for materials from a valid state or intergovcrnmental contract. Such materials must be included in the Department approved project scope andlor quantities. b. Contracts, purchase orders, and construction change ordcrs (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation. and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this section comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non,participation. c. Contracts, purchase orders, and construction change orders that exceed the current JP A budget, provided they are within the threshold limits of Category Three, as defined in Section 287.0 17 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code. Such contracts must be for services and/or materials included in the Department approved project scope and/or quantities. 27. Force Account Work: "Force Account Work" by the Agency utilizing their own forces and equipment must be approved in writing by the Department prior to perforn1ance. Packet Page ,2260- 4/12/2011 Item 16.G.2. Exhibit "D" FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Airport Authority. 2005 Mainsail Drive. Suite One. Naples. Florida 34114 dated State Agency: Florida Deparnnent of Transportation CSFA Number & Title: 55.004 Aviation Development Grants Amount: $1,146,000 COMPLIANCES ACTIVITIES ALLOWED Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: . Master Plans and Airport Layout Plans (ALP); . Master Drainage Plans; . Environmental Assessments (EA); . Development of Regional Impact (DRJ); . Operations and Emergency Response Plans (ERP); . Federal Aviation Regulations (FAR) Part 150 noise studies; . Environmental Impact Studies (EIS); . Wildlife Hazard Studies; . Feasibility and Site Selection Studies; . Business plans; . Airport management studies and training; . Air services studies and related promotional materials. Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: Air-side capital improvement projects . Runways . Taxiways . Aprons . T-hangers . Fuel farms . Maintenance Hangers . Lighting . Air Traffic Control Towers . Instrument Approach Aids . Automatic Weather Observation Stations Page 1 of 4 Packet Page -2261- 4/12/2011 Item 16.G.2. Land-side capital improvement projects . Terminal Buildings . Parking Jots and structures . Road and other access projects Presentation projects . Overlays . Crack sealing . Marking . Painting buildings . Roofing buildings . Other approved projects Safety equipment . Airfield Rescue and Fire Fighting Vehicle (ARFF) . Lighted Xs Safety projects . Tree clearing . Land contouring on ovenun areas . Removing, lowering, moving, and marking, lighting hazards Information technology equipment (used to inventory and plan airport facility needs) Drainage improvements Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" underthe eminent domain laws of Florida. Examples of projects are: . Land acquisition (for land in an approved Master Plan or ALP) . Mirigation land (on or off airport) . A viation easements . Right of way . Approach clear zones Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: . Any airport improvement and land purchase that will enhance economic impact . Building for lease . Industrial park infrastructure and buildings . General aviation terminals that will be 100 percent leased out . Industrial park marketing programs Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. Page 2 of 4 Packet Page -2262- 4/12/2011 Item 16.G.2. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/A viation/Public.htrn. ALLOW ABLE COSTS Entities are prohibited from using grant funds for lobbying the legislature. (Section 216.347. Florida Statutes). Also, restrictions of expenditures are summarized in the Reference Guide for State Expenditures of the Department of Financial Services. Other specific requirements for allowable costs are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements penaining to the project For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether expenditures of state financial assistance were for allowable costs. Suggested Audit Procedures I. IdentifY the types of costs that are either specifically allowed or prohibited by the laws, rules, and provisions of contracts or grant agreements pertaining to the project. 2. Select a sample of transactions and perform procedures to verifY that the transactions were for an allowable cost and not for lobbying the legislature or other prohibited uses. Cash Management State agencies which are expressly authorized by law to make advances for project startup or contracted services in total or periodically. shal1limit such advances to other governmental entities and nonprofit entities. The amount to be advanced may not exceed the expected cash needs of the recipient within the initial 3 months. Thereafter disbursements are to be made only on a reimbursement basis. The Chief Financial Officer, after consultation with the appropriations committee, may advance funds beyond a 3-month requirement if it is determined to be consistent with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to the agency or applied against the agency's obligation to the pay the contract amount. (Section 216.181, Florida Statutes) Specific cash management requirements unique to a state project may be found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives I. Determ ine that cash management procedures are in accordance with Section 216.181, Florida Statutes, and other laws, rules, and the provisions of contracts or grant agreements pertaining to the state project. 2. Determine that interest income, when allowable, is correctly recorded and returned to the state agency or applied against the contract or grant agreement. Suggested Audit Procedures I. Review reimbursement requests and trace to supporting documentation. Ensure that costs for which reimbursement was requested were paid prior to the date of the reimbursement request. 2. Determine whether any interest income was owed to the state agency and either remitted to the agency or applied against amounts owed by the state agency. Page 3 of 4 Packet Page -2263- 4/12/2011 Item 16.G.2. MATCHING Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the prQiect costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. General A viation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. Economic Development The Depamnent provides up to 50 percent of airport economic development funds to build on-airport revenue- producing capital improvements. This program is for local match only. A irport Loans The DepatUnent provides a 75 percent loan program to ftmd the A viation Land Acquisition Loan Program. Page 4 of 4 Packet Page -2264- 4/12/2011 Item 16.G.2. EXHIBIT "F" SPECIAL PROVISIONS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and CollierCountv Airoort Authoritv.2005 Mainsail Drive. Suite One. Naples. Florida 34114 dated I. MODIFICATION OF TERMS AND CONDITIONS OF AGREEMENT Project contracts which are incorporated into this Master Joint Participation Agreement without any accompanying contract action other than incorporation from the previous Agreement shall not be subject to the requirements of Paragraph 25.00 of this Agreement, "E-Verify". Packet Page -2265- 4/12/2011 Item 16.G.2. BUDGET AMENDMENT REQUEST For BudgeUFinance Use Only BA# JE # BAR# APH Date 497 Fund No. Airport Commercial Paper A8 Fund Description (type on line above) Date Prepared: Approved by BCC on: 3/16/2011 (Attach Executive Summary) Item No. Expense Budget Detail Fund Center Title: Interfund Tran BCC Fund Center No.: Funded Program (Project) Title: Fund 497 ReserveslTransfers 5-digit Fd Prog #: (only one Fund Center/Funded Program should be entered into this section If amendment is for Funded Program must enter Fund Center info) 929010 99497 Fund Funded Commit Commitment Item Increase Current Revised Center Proaram Item Descriotion !Decrease) Budoet Budoe! 929010 99497 914990 Transfer to Fund 497 17,500.00 35,000.00 52,50000 - - - Net Change to Budget $ 17,50000 Expense Budget Detail Fund Center Title: Reserves - Board Fund Center No.: Funded Program (Project) Title: Fund 497 ReserveslTransfers 5-digit Fd Prog #: (only one Fund Center/Funded Program should be entered into this section If amendment is for Funded Program must enter Fund Center info) 919010 99497 Fund Funded Commit Commitment Item Increase Current Revised Center Pronram Item Description (Decrease) Budoet Budoet 919010 99497 991000 Reserve for Continoencles (17,500.00 315,10000 297,600.00 - - - Net Change to Budget $ (17500.00) EXPLANATION Why are funds needed? (type below) Funds are needed to provide additional match funds for a Fiorida Department of Transportation grant for the installation of a homerun cable runway 18/36, replacement of the rotating beacon and connectors/transformers for Taxiway A. Where are funds available? (type below) Funds are available from the Airport Commercial Paper A8 Fund (497) - Reserve for Capital Outlay Packet Page -2266- 4/12/2011 Item 16.G.2. REVIEW PROCESS Cost Center Director": Date Division Administrator": Date Budget Department: Date Agency Manager Date Finance Department: Date Clerk to the Board Admin: Date Inputted by: Date BA number (SAP) If this is uploaded into Novus with an Executive Summary, no signatures are required from the Cost Center Director or Division Administer. If this is uploaded into Novus. please do NOT sent a paper copy of the Budget Amendment to the Office of Management and Budget office. OMB will download all budget amendments from Novus and will process after the BCC meeting. 1:1 Formsl County Formsl Budgetl Budget Amendment Form.xls (excel format) Packet Page -2267-