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Agenda 05/11/2010 Item #16G 5 Agenda Item No. 16G5 May 11, 2010 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of revised "Master Joint Participation Agreement 2010-A" with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. OBJECTIVE: That the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorizes its Chairman to execute the attached Resolution authorizing the execution of revised Master Joint Participation Agreement (MJPA) 2010- A with the Florida Department of Transportation (FOOT) for funding projects at Everglades, Immokalee, and Marco Island Airports. 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 MJPA. This review and any subsequent changes are presented to the Collier County Airport Advisory Board (CCAAB) and then recommended to the BCC for its approval. This MJPA 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 order for the Airport Authority 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 Airport Authority's projected five-year Business Plan as previously presented to the BCC through workshops. This MJPA incorporates certain projects, as detailed below, which are presently funded by now existing Joint Participation Agreements that have been previously approved. IMMOKALEE AIRPORT F.M. Number Brief Description Budqet Paqe Index 4142981 9401 Rehab Runway Lights 18/36 Page 2 of 4, Exhibit B MARCO ISLAND AIRPORT F.M. Number Brief Description Budqet Paqe Index 41078819401 4142991 9401 Surcharge/Const. TW/Apron Ph I Taxiway and Apron Page 3 of 4, Exhibit B Page 4 of 4, Exhibit B MJPA 2010-A was previously approved by the BCC on March 23, 2010, Agenda Item 16G5. FOOT has since revised that MJPA by removing the two projects that are complete, and requires the revised MJPA 2010-A be executed by the Airport Authority Chairman. Agenda Item No. 16G5 May 11, 2010 Page 2 of 40 FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. 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 and is legally sufficient-JBW. RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, approve and authorize its Chairman to execute the attached Resolution authorizing the execution of revised Master Joint Participation Agreement 2010-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport. Prepared by Debi Mueller, Office Manager, Collier County Airport Authority c: \Adlib Express'.Input',Agcnda. HCCAGENDA, MI5Y idoc Item Number: Item Summary: Meeting Date: Agenda Item No. 1685 May 11, 2010 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G5 Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of revised Master Joint Participation Agreement 201 O-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. 5/11/2010 9:00:00 AM Date Approved By Debra Brueggeman Airport Authority Operations Coordinator Airport Authority 4/29/2010 5:4i PM Date Approved By Jennifer White County Attorney Assistant County Attorney County Attorney 5/3/20101:23 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 5/3/20101:30 PM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 5/3/2010 i: 19 PM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 5/4/201010:35 AM RESOLUTION 1\0. 2010-_ RESOLUTION OF THE COLLlER COU1\TY AIRPORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED MASTER JOINT PARTICIPATION AGREEMENT NUMBER 2010-A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION Agenda Item No. 16G5 May 11, 2010 Page 4 of 40 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 Statlltes, and Section 14-60 of the Florida Administrative Code, and Ordinance 2004-03. NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority, Collier County, Collier County, Florida, that: 1. MJPA Number 2010-A, attached hereto, is hereby approved. 2. The Chairman of the Collier County Airport Authority, Fred W. Coyle, is authorized to enter into, modify or terminate the MJPA Number 2010-A with the Florida Departme:1t of Transportation unless and until it may be specifically rescinded. 3. 111is Resolution shall take effect immediately upon adoption. ADOPTED this lIt!! day of May 2010 after motion, second and majority vote in favor of adoption. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY, COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: Deputy Clerk By: FRED \iV. COYLE, Chairman Approved as to form and legal sufficiency: Jennifer B. , -',:-' ,1'ld S"!!I"~': f,.:,~:;,'jI1':/':"IIII~.t,'r .LI,,:,'J! S~'r/ii7g;j',Tl>mporar)' Infer/Jef Fih:.\'[(JlI/fl1{ Our/()f!/..'2 ::Gr~\f3cp\BCC ~,'1aster Joint Panicip:Jliol1 !\gn'-'mcm- MJPS 2010-A Revised May 2010 (2).docx Agenda Item No. 16G5 May 11, 2010 Page 5 of 40 STATE OF ~LORIDA DEPARTMENT OF TRANSPORT':'TION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT i25-030,,06 PUOL.iC TRANSPORTATION 01/10 PaYIllof14 Financial Project No.. Fund: 010 FLAIR 088719 See Exhibit "8" Function: 215 Object Code: 750004 ( Ilern-segment-phase-sequence) Federal No.: NA Org Code: 55012020129 Contract No,: See Exhibit "B" DUNS No : 076997790 Vendor No F596000558004 CFDA Number: NA CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Airport Authority 2005 Mainsail Drive, Suite 1, Naples, FL 34114 hereinafter referred to as Agency. The Department and Agency agree that all temns of this Agreement will be completed on or before See Exhibit "B" and this Agreement wjll expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an Integrated and balanced transportation system and is authorized under FlOrida Statutes, to enter into this Agreement. NOW, THEREFORE. In consideration of the mutual covenants, promises and representations herein, the parties agree as follows 1.00 Purpose of Agreement: The purpose of this Agreement is to provide a Master Joint Participation Agreement whereby the Department shall participate in multiple aviation projects at Everglades, Immokalee and Marco Island Airports, (which Agreement shall be identified as Master Joint PartiCipation Agreement 201 a-A). and as further described in Exhibit(s) A,B.C, and D attached hereto and by this reference made a part hereof, hereinaft~r referred to ,as the project and-Y6"provlde -Departmental finanCIal assistance to the Agency ,and ~tate 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 Agenda Item No. 16G5 May 11, 2010 Page 6 of 40 725-030-06 PLJBLIC TRANSPORTATION 01/10 P"'~e 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State. and Local Law: In the event that any election, referendum, approval. permit, notice, or other proceeding or authorization IS requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement. the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall Initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit "8".. This amount is based upon the estimate summarized in Exhibit "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 partlcipat!on 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 commitled: (b) Availability of funds as stated In Section 1700 of thiS Agreement: (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of tr.is Agreement; Id) Department approval of the project scope and budget (Exhibits A & 8) at the time appropriation authonty becomes available 4.20 Front End Funding: Front end funding 0 is @ IS not applicabie If applicable. the Department may initially pay 100% of the 10tal 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, Nt\ percent of the Department's total share of participation as shown in para'~raph 400 IS to be held in retalnagetobe-dlsbursed, at the Department's discretion, on or before the completion of the final project audit Agenda Item No. 1685 May 11, 2010 Page 7 of 40 6.00 Project Budget and Payment Provisions: 725-030-06 PUBl.!C TRANSPORTATION 01/10 Page30tH 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted With the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity With requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, ail 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 depositones 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 prescnbed by State Law for the security of public funds, or as approved by the Department 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project Costs in excess of the latest approved budget or attributable to 3cticns 'v'Jhich have not received the required approval of the Department shall not be considered eiigible costs 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others. shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers eVidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only In accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order IS drawn. All checks. payrolls, invoices, contracts, vouchers, orders. or other accounting documents pertaining in whole or in part to the project shall be clearly Identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate With any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, Investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general. the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting reqUirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Agenda Item No. 16G5 May 11, 2010 Page 8 of 40 725-030-06 PUBLIC TRANSPORTATION 01110 Poge"- 0114 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 monitoring procedureslprocesses deemed appropriate by the Department. in the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the follOWing annuai audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federai awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circuiar A-133, as revised. Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Audllor General in accordance with the proVISions OMB Circular A-133, as revised, Will meet the requirements of this part. 2, In connection with the audit requirements addressed In Part I. Paragraph 1 , the recipient shall fulfill the requirements relative to auditee responSibilities as provided in Subpart C of OMS Circular A-133, 3 If the recipient expends less than the amount In Part i, Paragraph 1., an audit conducted in accordance with the provIsions of OMB Circular A-133, IS not required. If the reCipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities 4. Federal awards are to be Identified using the Catalog of r'ederal 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: ,. In the event that the reCipient expends a total amount of state financla[ assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or proJect.speciflc audit for such fiscal year in accordance With Section 21597, F[orida Statutes, applicable rules of the Department of Financial Services and the CFO, and Chapters 10.550 (local governmental entities) or 10650 (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 determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial aSSistance, including state financial assistance received from the Department, other state agencies. and other nonstate entities, State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements 2. In connection with the audit requirements addressed in Part 11, 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 21597(2)(e), Florida Statutes. and Chapter 10550 ([ocal governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the reCipient expends less than the amount In Part II, Paragraph 1, such audit is not requrred. 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 Agenda Item No. 16G5 May 11, 2010 Page 9 of 40 725-030-06 PUBLIC TRA.NSPORTATION 01/10 Page5of'4 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 Su bmission 1. Copies of reporting packages for audits conducted in accordance with OMS 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 Bartow, FL 33830 B, The number of copies required by Sections ,320 (d)(l) and (2), OMS Clrcuiar A-133, submitted to the following address: Federai Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federa! agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS 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 OMS Circular A-133 is not required to be submitted 10 the Department for reasons pursuant to section ,320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 801 North Broadway Avenue Bartow, FL 33830 In addition, pursuant to Section ,320 (f), OMS Circular A-133, as reVised. the recipient shall submit a copy of the reporting package described In Section ,320 (c), OMB Circular A-133, and any management letters Issued by the auditor, to the Department at each of the following addresses: 801 North Broadway Avenue Bartow, FL 33830 Agenda Item No. 16G5 May 11, 2010 Page 10 of 40 725-030.00 PUBLIC TRANSPORTATION 01/10 P~\lC <> or 14 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 Bartow, FL 33830 B. The Auditor General's Office at the following address' Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part ill of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses' 801 Norih Broadway Avenue Bartow, FL 33830 Any reports, management letter, or other Information required to be submitted to the Department pursuant to thiS Agreement shall be submitted timely In accordance with OMB Circular A-133, Section 21597, Florida Statutes, and Chapter 10.550 (local governmental entitles) or 10650 (nonprofit and for-profit organizations). Rules of the Auditor General. as applicable Recipients, when submitting financial reporting packages to the Department for audits done m 3ccordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10650 (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 aliow the Department, or its designee, the CFO or Audilor 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 perrod of at least five years from the date the audit report IS issued, unless extended In writing by the Department. Recards of casts incurred under the terms of thiS Agreement 5r'lall be maintained and made availabie upon request to the Department at all times dunng the period of this Agreement and for five years after final payment is made Copies of these documents and records shall be furnished to the Department up:m request Records of costs incu:-red Include the Parttclpant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on tile 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 dtscloses any significant audIt findings related to any award, including material noncompliance with indiVidual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans Agenda Item No. 16G5 May 11, 2010 Page 11 of 40 725-030-06 PUBue TRANSPORTATION 01/10 Pa~e 7 01 14 7.65 Insurance: Execution of this JOint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or repiace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. in the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of Infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District ~ Pubiic Transportation Office 801 North Broadway Avenue , 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 with all federal laws, rules and procedures reqUired by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property 8.20 The Department's Obligations; Subject to other provisions hereof, the Department wil! 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 eiigible 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 tllereof, 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 laken any action pertaining to the project which, under thiS agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been adVised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any VIOlation of the confltct of interest provisions contained herein: 8.25 Default: Tile 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 tothe project suspends or terminates federal financial assistance to the proJect. In the event of suspension or termination of federat financial assistance, the Agency Will reimburse the Department for all disallowed costs, inciuding any and all federal financial assistance as detailed in Exhibit "B." Agenda Item No. 1685 May 11, 2010 Page 12 of 40 72~-o30"[)6 ;>vaLle ,RAt,SPORTATION 01/10 Pa\:le6o!14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are nol provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: if, after project completion, any claim IS made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination Dr Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the finanCing IS to be computed: (2) furnish a statement of the project actiVities and contracts, and other undertakings the cost of which are otherwise includable as project costs: and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the P,greement. The termination or suspension shall be carried out In conformity with the latest schedule plan. and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the .Agency to furnish the schedule, pian, and budget \ovithin a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement 9.12 The Department reserves the right to unilaterally cancel thiS Agreement for refusal by the contractor or Agency to allow public access to all documents. papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction With thiS Agreement 10.00 Remission of Project Account Upon Completion of Project" Upon completion of the project, and after payment, prOVision for payment. or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account 11.00 Audit and Inspection: The Agency shall permit. and shall require Its contractors to permit, the Department's authorized representatives to inspect all work, materials. payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department. the Agency shall not execute any contract or obligate itself In any manner requiring the disbursement of Department Jomt 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 t~e Department. Failure to obtain such ~pproval shall be sufficient cause for nonpayment by the Department as proVided In Section 8.23. The Department .speclflcally reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same Agenda Item No. 1685 May 11, 2010 Page 13 of 40 725-030.06 PUBLIC TRANSPORTATION 01/10 PlIge90fU 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all ccntracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE POlicy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in acccrdance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, COIOf, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rales 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 tile development or operation of the project. except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision In all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolItion, removal, site improvement, or similar work, the Agency shall post, In conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause 13.20 Tille 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 US.C. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder. and the assurance by the Agency pursuant thereto 13.30 Title VIII. Civil Rights Act of 1968: Execution of this JOint Participation Agreement constitutes a certification that the Agency will comply with all the requirements Imposed by Title VIII of the Civil Rights Act of 1968, 42 use 3601 ,et seq, which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 US C. 12102, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Agenda Item No. 1685 May 11, 2010 Page 14 of 40 725..03".06 PuBLIC TRA"lSPORTATIQN 01110 Page10of14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or Indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of thiS Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits The Agency will be soleiy responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss Incurred in connection therewith 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than Ihe 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 fight or remedy avaiiable to the Department with respect to such breach or default 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any proVISion of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and. also. agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the finanCing hereunder 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance With any prOVISion thereof, perform any other act or do any other thing In contravention of any applicable State law. PrOVided. that If any of the prOVISions of the Agreement violate any applicabie State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications ma~ be made by the Department and the Agency to tile end that the Agency may proceed as soon as pOSSible With the project Agenda Item No. 1685 May 11, 2010 Page 15 of 40 725-030-00 PUBUC TRANSPORTATION 01/10 Page 11 011. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment 14.71 Properly Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during Its useful life for any purpose except its replacement with like faCility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees dunng the performance of the Agreement. \NIlen the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement the Department will Immediately forward the claim to the Agency. The Agency and the Department will evaluate the ctaim and report their findings to each other within fourteen (14) working days and will jointly discuss options In defending the claim. After reviewing the claim, the Department will determine whether to require the particlpatJon of the Agency In the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation In or defense of the claim by Agency. The Department and the Agency Will each pay its own expenses for the evaluation, settlement negotiations, and trial, It any. However, if only one party participates In the defense of the claim at trial, that party IS responsible for all expenses at trial 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency writlen approval with any approved portions of the project and comments or recommendatJons concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided In 8.23 16.00 Project Completion. Agency Certification: The Agency will certify in Writing on or atlached 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 Ihe Agency aod 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. Agenda Item No. 1685 May 11, 2010 Page 16 of 40 725.030-06 PUBLIC TRANSPORTATION 01110 Page 12 0114 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a). F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year. but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 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 final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and 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 onginal, and such counterparts together shaH constitute one in the same Instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees thai no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for InfluenCing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection With the awarding of any federal contract. the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension. continuation. renewal, amendment or modification of any federal contract. grant, loan Dr cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with ttlis Joint PartiCipation ill.,grecmcnt, 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 sobawards al all tiers (Including subcontracts, subgrants, and contracts under grants. loans and cooperative agreements) and that all subreclplents 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 Agenda Item No. 1685 May 11, 2010 Page 17 of 40 725-030.00 PUBLIC TRANSPORTATION 01/10 Palle13ot14 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 Dr contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received Dr the goods Dr 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 penaities of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly compieted invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 Dr by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a publiC entity, may not be awarded or perform work as a contractor. supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287 017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the dlscnmlnalory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract With a public entity for the construction or repair of a public building or publiC work, may not submit bids on leases of real property to a pUblic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. and may not transact business with any public entity. - ~---~..__..~--~-_._-~-------------- Agenda Item No. 16G5 May 11, 2010 Page 18 Ofri$1030.06 PUBLIC TRANSPORTATION 01/10 Page 14 of 14 Financial Project No, See Exhibit "8" Contract No. See Exhibit "8" 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 Authority AGENCY NAME Fred W. Covle SIGNA TORY (PRINTEO OR TYPED) SIGNATURE Chairman TITLE ATTEST DWIGHT T BROCK, Clerk By: Approved as to form and legal Sufficiency Assistant County Attorney FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE -.--~._~_...._._----_._--- Agenda Item No. 16G5 May11,2010 Page 19 of 40 EXHIBIT "A" PROJECTS INCLUDED This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida. Department of Transportation and Collier Countv Airport Authoritv. 2003 Mainsail Drive. Naples. Florida 341 J 4 dated This master Joint Participation Agreement governs multiple projects that are individually identified by Financial Project Management Numbcr (FM Number) as set forth below. The contract number, description, budget, original lP A execution date. and expiration date for cach project are fully set forth in Exhibit B hereafter. All tcrms and conditions of the Agrcement apply to and govern each project individually. When projects are to be added to or removed from this Agreement. such changes shall be accomplishcd by the execution of a new master Joint Participation Agreement bctween the Depanmc11l and the Agency. F.M. Number Brief Deserin!ion Bud!!e! PlI!!e Index No New Projects Being Added Page J of2 Agenda Item No. 16G5 May11,2010 Page 20 of 40 EXISTING PRO.IECTS INCORPORATED This mastcr Joint Participation Agreemcnt hcrcby ineorporatcs ecrtain projccts, as dctailed below. which are presently funded by existing .Toint Participation Agreements bctwecn thc Department and the Agency. Upon execution, this At,'reement shall replace the cxisting Joint Participation Agreement for such projccts. All tcrms. conditions. obligations. rights. responsibilitics. and re'luiremcnts of this Agrccment rcplace those defincd by thc existing Joint Participation Agreemcnt for sueh projects. DepaJ1ment approval for all contracts, change orders, tbird party agrcements. and otbcr similar documentation prcviously issued for sueb projects is hercby transferrcd to this agreement. as ifissued under this Agrecment. F.M. Number Brief Description Bud!!et I'a!!e Index IMMOKALEE AIRPORT 4]4298 I 9401 Rehab Runway Lights 18/36 Page 2 of 4. Exhibit B MARCO ISLA"'D AIRPORT 4107881940] Surcharge/Cons\. of I'axiway & Apwn Page 3 of 4. Exhibit B 41 42'il) J l)4 01 I'axi\\ay and Apron Page 4 of 4. Exhibit B Page::: 01'2 EXHIBIT "U" PROJECT UUDGETS Agenda Item No. 16G5 May 11, 2010 Page 21 of 40 This exhibit forms an integral pati of that ccrtain Joint Participation Agreement betwecn the State of Florida. Department of Transportation and Collier County Aimort Authoritv. 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 (I'M Number), contract number, dcscription, budget, original JPA 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 Agreemcnt to cxpire or be terminated as to other projects governed by this Agreement. Unless otherwise expressly stated. all projects identified herein includc design, engineering. administration. construction. installation. and purchasing costs. as applicable to the project scope. Such costs arc eligible for Department participation atld reimburscment. Pagc 1 of 4 Agenda Item No. 16G5 May 11, 2010 Page 22 of 40 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 414298 19401 Contract Number: AOV99 Original JPA Date: June] 7, 2008 Expiration Date: July L 20 II REHABILITATE RUNWAY LIGHTS 18/36 l. PROJECT COST $ 175,000 II. PARTICIPATION: Agency Participation 20%) $35.000 Maximum Department Participation 80%)) S] 40.000 roTA[~ COST ] 75.000 III. PROCiRAMt\lLD STA IT FlI\DS Project funds arc prognul1mcd in the Depanmellt"s \Vork Program in the foilowing 11sc:Jl )'earlsl: FY cmos S 140.000 Project years may be ad\aneed or deferred subject to Legislati\e appropriation or a\ailabilit)' of funds. State funds programmed on this project must be expended and an invoice for their reimbursement to the agency suhmitt('d to the [)epartment by the following datcs: FY ()7/()S funds by l\lay J, 20D Such funds" hieh arc not ('\pendcd and il1\oiced hy th(' dates indicated shall he forfeited hy the ageJll'Y. In,"Hiees must bt., suhmittl'd at a nlinimurn of ('\'('1)' 24 months or the project funds are suhjcct to deletion. Page 2 nf-l. Agenda Item No. 16G5 May 11, 2010 Page 23 of 40 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 410788 194 0 ] Contract Number: AOF09 Original'!PA Date: June 30. 2006 Expiration Datc: July I, 20 II SURCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON I. PRO.!ECT COST $ 570,000 II. PARTICIPATION: Agency Participation 20%) $114,000 Maximum Department Participation 80 %) $ 456,000 TOTAL PROJECT COST $ 570.000 lJl. I'ROGRAM,I\1ED ST.YI'E FUNDS Project funds arc programmed in the Department's Work Program in the f()lJowing fiscal )'car(s): FY 05/06 456.000 Project years may he advanced or deferred subject to I.egisbtive appropriation or availability of funds. State funds programmed on this project must he expended and an invoice for their reimbursement to the agency submitted to the Department by the following dates: FY 05/06 funds hy M:I)' 1,2011 Such funds which arc not expended and invoicl'd by the dates indicated shall be forfeited by the agenc)'. Invoices must be submitted at a minimum of e\'ery 24 months or the project funds are subject tll deletion. Page 3 of 4 Agenda Item No. 16G5 May 11, 2010 Page 24 of 40 PROJECT BUDGET MAIKO ISLAND AIRPORT FM Number: 41429919401 Contract Number: AOR09 Original JPA Date: June 17.2009 Expiration Date: July 1,2011 SllRCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON I. PROJECT COST: $600,000 11. PARTJCIPA nON: Agency Participation 20 %) $120.000 lvlaximum Depat1mcnt Participation. RO n.,,) $480,000 I OTAL PROJECT COST S600.000 ~_.._------------- ~-_.~~~-_._,------ III. PROGI0\1\j\1J:D STATE 1l''\DS Projcct funds are programmed in thc Departmcnt's Work Program in the following fiscal ycar(s): FY CO/OS S280,OOO FY 08'09 $200.000 Pmject years may be advanced or dcfelTcd subject to Legislative appropriation or Cl\'ailabilitv of funds. State funds programmed on this pJ'Oject must hc cxp{'nded and an im'oice for their reimbursement to the "gene)' submitted to the Department h)' the following dates: FY 07IU1' funds h)' /VIal' 1,2013 FY 01'/09 funds hy May 1,2014 Such funds which are not expended and invoiced hy the dates indicated shall be forfeited hy the agency. Invoices must he submitted at a minimum of every 24 months or the project funds arc subject to ddetion. Page 4 of 4 Agenda Item No. 16G5 May 11, 2010 Page 25 of 40 EXHIBIT "C" A VIATION PROJECT REQUIREMENTS & PROGRAM ASSURANCES This exhibit fonus an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier CounN Airport AuthoriN. 2003 Mainsail Drive, Naples. Florida 34] 14 dated SECTION 1 - A VIA TION PROJECT REQUIREMENTS I. REQUIRED SUBMITIALS (AS APPLICABLE): SU BMITT.'" LleER TlFI CAT! ON RESPONSIBILITY Consultant Selection Compliance (CCNA Certification) Public Agency Attorney Certification Feasibility Study Public Agency DC3ign Submittal 100% Plans. Specifications and Contract Documents Engineer Certification' Co nstructi 0 n/Procurem en t Public Agency Audit Reports Public Agency Annually During Life of Project . Criteria Jc>r de\'clopmcnt and certification of Plans, Specifications, and Contract Documents are defined in Seetiun VI of this Exhibit. "DESIGN DEVELOPMENT CRlTERIA". Submittal format is spccilicd in Scctiun V][ Oflhis bhibit. "PLANS & SPECIFIC'\ TIONS FORMAl'''. Page] of I 2 -------~--_.- Agenda Item No. 16G5 May 11, 2010 Page 26 of 40 II. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) - In accordance with Scction 2] 5.422 Florida Statutes and the requircment of Paragraph 22.00 of this Agreement: I. Required Suhmittal F0n11at The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Dcpartmcnt. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services reccived under this agreement shall be approved/disapproved by the Department no latcr than five (5) working days aftcr receipt, by the District Public Transportation Office, ofa properly prepared and suhmitted invoice. Should the invoice be incomplete or incorrect, the Departmcnt shall infoilll thc Agency within five (5) working days of receipt and return the invoice for corrections. Ill. THIRD PARTY CONTRACTS The Department mllst approve third party contracts j1urslJal1l tel Paragraph 12.00 except that written approval is hereby gral1led for: l. Contr(1ct5 Cor materials from a valid state (II' intcrgon.'mmcl1tal contract. Such rnatcrials must be included in the Depal1ment approved project scope and/or quantities. Contracts, purchase orJcrs, and construction change orders (excluding engineering consultant se[\'ices) up to the threshold limits of Category Three. Such contracts must bc f,)r sen'ices and/or materials included in lhc Department approved project scope and/or quantities. Purchasing CateglJries and Thresholds arc dl'1ined in Section 287.017 rJorida Slatutes, and in Rule Chapter 60. Florida Administratiw Code. The threshold limits arc adjusted periodically for inflation, and it shall be the sole resjlc\nsibility of the Agency to ensllre that any obligations made in accordance with this sc:clioJl comply with the current threshold limits. Obligations made in l'\c;:ss of the 3ppropriate limits shall bc calise for Department nun- panicipUliuJL Contracts~ purchase orders, and construction change orders that exceed the current JPA budget. provided they arc \\"ilhin the threshold limil5 ofC:l1egory Tllfee. as defined in Section 287.017 Florida Statutes. and in Rule Chapter (,(I. Florida Administrative Code. Sueh contracts must be for sCf\"icc:,> and/or materials in(:!udeJ in the I)cpartment arrro\'('d project scope and/or quantities. Page:2 of ] 2 Agenda Item No. 16G5 May 11, 2010 Page 27 of 40 This approval does not represent a State financial commitment for funds exceeding the current lP A budgc1 unless and until the lP A is supplemented to prO\ide for the additional cost. In all cases, the Agency shall include a copy of the executed contract or other ab'Teement with the backup documentation of the invoice for reimbursement of costs associated with the contract. IV. FORCE ACCOUNT WORK "Force Account Work" by the Agency utilizing their o\\n forces and equipment must be approved in writing by the Department prior to perfonnanee. V. ENGINEER'S CERTIFICATION OF PLANS & SPECIFICATIONS Paragraph 15.00, "Plans and SpeciJications" of this Agreement is hereby amended to read: "In the evcnt that this /\.greemcnt involves the purchasing of capital equipment or thc constructing and equipping of facilities. the Agency shall submit to the Department for approval all appropriate plans and speciJieations covering the project. The Registered Professional Engineer of the Agency or thcir Consultant Engineering Firm shall certify in \\Titing that the plans and specifications were developed in compliance with the criteria specified in Section V of this Exhibit. "DES!GN DEVELOPl\1ENT CRlTER1:\". The Department will review the certification and, if deemed acceptable. provide official \\Titten approval of the plans. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. Receipt of such approval shall not relieve tbe agency of the responsibility for obtaining Department review and written approval for all third party contracts as specified in paragraph 12.10". VI. DESIGN DEVELOPMENT CRITERIA fhe plans. specifications. construction contract documents. ilJ1d:my and all other similar engineering. cllnstruction. and contractual documents produced by the Engineer for the project are hercinailer collectively rcfelTcd to as "plans" in this Exhibit. P13.ns shall ne developed in accurdance with sound engineering and design principh:s. and wilh generally accepted professional standards. Plans shall be consistent with the imcnt of the project as defined in Exhibits "A" and "13" of this AgrcC'l11cnt. Page 3 of 12 Agenda Item No. 16G5 May11,2010 Page 28 of 40 The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements oCthese standards: Federal Aviation Administration Regulations and Advisory Circulars' Florida Department of Transportation Standards of Design fur General Aviation Projects' t.1anual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida, "Green Rook'" Manual on Uniform Traffic Control Devices' Development of the plans shall comply with all applicable laws. ordinances, zoning and permitting requircmcnts, public notice requirements. and other similar regulations that apply to the scope and location of the project. Th~ current versilln(s) or r:dniollls) as (If the execulion d,ne ofll\(: Enginl..'erillg Agret:ment for the design oftlle pwjcct. VIl. PL\NS & SPECIFICATIONS FORMAT Paragraph] 5.00 of this .\greemcnt. as moddled. requires submission of plans and spccillcC1tions for Departmenl review and approval. Submittals shall be in lB'I1 compatible electronic format on standard CD-R format compact disk. The !illlnat used shall he cither 1\1icro Statiol1'.iO "DGN" or AutoCADR) "DWG' format for plans. and Adooe.J{) "PDF" fonnat for text documents. l11e agcncy may rcquest Dcpartment rc\'icw of other industry standard formats for use. The Department shall issue wTinen approval of other !ilflllat if deemed acceptable. \\'hcn the project deii\'eraole is a study ('r other spccialioccd doculllent, hard copies in a yuantily suitable to Department shall be required in ,Icldition to elll ekclronie copy of the final product. VIII. At TorT REQUIREMENTS The audit rcportls) required in paragraph l.bO of the ,\greeJl1ent shall include a schedule of project :~5~istance that \\'ilI ref1~ct the Department's fiscal year oLl\\'rlrd, contract number. Fin:lI1cial Project ';umber. Catalog of State Financial Assistance titlc and number, and the Catalog of Feeler'll Dllmestic Assistance title and number. \\"here ~lpplic]blc'_ :lI1d tnt amount of state funding ~lcti(ln {receipt and dishurscment of funds) and any federal or Inc;Jl l"unding action and the funding ;Jction from any other source with respect to the project. Page 4 uf ] 2 Agenda Item No. 16G5 May 11, 2010 Page 29 of 40 IX. TERMINAL BUILDING PROJECTS The Agency shall provide a presentation sign to inform the public of the project. The design and location of the sign shall be approved by the Department prior to advertising the project for bids. The sign shall be erected prior to the start of project construction and remain in place until project completion. SECTION 2 - A VIA TION PROGRAM ASSURANCES A.GENERAL I. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airpoIl development or noise compatibility progran1 project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event nO! to exceed twenty (20) years from the date that the Agreement is executed. However. there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long ,,-, the airport is used as an airport. There shall be no limit on the duration of the temls. conditions. and assurances with respect 10 real property acquired WiIh state funds. 2. Obligation: The Agency shall honor thcse assurances for the duration ofthis Agreement. If the Agency takes any action that is not consistent with these assurances, lhe full amount of this Agi'eement will immediately become due and payahle to the Florida Department of Transportation. B. GE'\lER:'\L ASSUR/\.NCES rhe Agency herehy assures that: ]. Good Tille: The Agency holds good title. satisfJctory to the Department. to the landing area of the aiqJOrt Or site thereof. or will give assurance satisfactory to the Department that good title will he acq ul red. , Preserving Rights and Powers: a. The Agency will not take or permit any action which would operate to deprive it of any orthe rights and powers necessary to perform :.U1} or all of the terms, conditions, and assurances Page 5 of 12 Agenda Item No. 16G5 May11,2010 Page 30 of 40 in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. ]1' an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an cmployec of the Agency. the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: The Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or ereation of future airport hazards. 4. Compatible Land Use: The Agency will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the ai'lX,rt includcs all areas that will be afleeted by normal aircraft operations and noise. The Agency assures lhat it \\'ilj ukc Jppropriate action 10 npr)(1se and/or disappro\'c any attempted change in local land usc regulations that would adversely alTeet the continued level of airport operations by lnc creation or expansion of incompatible land u~e Ufcas. The :'\gene)' assures that it will provide the Depm1mcnt with a copy of all loeal airport zoning ordinanees. eodes. rules. regulations. and amendments. including proposed and granted variances thereto. 5. Consistency with Local Plans: I'he ..\geney will take appropriate actions to have the currcnt airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan" 3. Th.~ Agency will keep ~l la~\Put plan oflhc Llirpurt up 10 date shu\,-ing: (I) Boundaries of the airport and all propo"cd additions thereto. IOgcther wilh the bounJaries ofalJ ofTslu: u.n.'as owned or controlled by the ,-\gcncy for airport purposes Jnd proposed additions thereto; C:~) Location and nature of all e:\isting and proposed airpurt bcilities and structun:s (such as nl11\\'a~-s. t:..L\.iw:.lYs, aprons. tCTI11inal buildings. hangars. ;lnd [o;:Ld<), including all propo:-;ed extensions and reductions of existing airport facilities: and PJgc () <,)1 ]~ Agenda Item No. 16G5 May 11, 2010 Page 31 of 40 (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in confon11ity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: The Agency will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenuc: The Agcncy assures that all revenuc generated by the airport will be expended for capital or opcrating eosts of the airport; the local airport system; or other local facilities which are owned or operatcd by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property. or for environmcntal or noise mitigation purposes on or oJfthe airport. 9. Financial Plan: The Agency will dcvelop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part oftbe airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. ..\11 project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JAClP) Online Web site. The JAC]p Online information shall be kept current as the financial plan is updated. 10. Operation & ~.1aintenancc: The A!!cncY assures that the airport and all facilities which are necessary to se!'\'e the aeronautical users of the airport, shall be operated at all times in a safe and sCITiceable condition and in accordance with the minimum st,mdards as may be required or prescribed by applicable federal and state agencies for maintenance and opcration. The Agency assures that it will not cause or pel1nit any activity or action thcreon which would intcrfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will havc arrangements for promptly notifying airmen of any condition affecting aeronautical use oIthe ctirport. Nothing contained herein shall be construed to require that the airport be operated f()f aeronautical use during tC111por:Jry periods when nooding or other climatic conditilms interfere with such operation Page 7 of 12 Agenda Item No. 16G5 May11,2010 Page 32 of 40 and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or othcr condition or circumstance beyond the control of the Agency. II. Economic Nondiscrimination: The Agcncy will make the airport available as an airport for public use on reasonable tcrms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services tothe public at the airport. 12. Exclusive Rights: The Agency will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. ] 3. Federal Funding Eligibility: The Agency will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: As to each project governed by this Agreement, the Agency will make expenditures or incur obligations and invoice the Department for such costs within two years after the date of each project's original Joint Participation Agreement date. or the Department may terminate this Agrcement as to that project. 15. Retention of Rights and Interests: It will not sell. kelse. encumber. or otherwise tr:ms!cr or disrose of any part of its title or other interests in the pl'llpeny shown on Exhibit A to this application or, for a noise compatibility program project. that portion of the property upon which state funds have been expended, Ell' the duration of thc lerms, conditions. and assurances in the Agreement \\'ithout approval by Ihe Department. 16. Consultant. Contractor. Scope. and Cost /\pprov31: The Agency will grant the Department thc right to disapprove the Agency's employment of specific consult'Ults, contractors, and subcontractors for all or any part of this project if thc speci fie consultants. contractors, or subcontractors havc a record of poor project performance \\"ith lhe Department. Further. the /\gency assures that it \yill grant the !)cparllncnt the right 10 disapprnn: the proposed prdjL'ct ~cope and cost or professional SlT\ICe:-i, i 7 Airfield Access: f'he Agency will not grant or allow co-semen! or access that opens onto or crosses the airp0l1 rUllways, taxi \\'ays, flight I inc, passenger r.1ciljtjcs~ or any area used fcn emergency cquipment. fuel. supplies. passengers. mail and ireight. radar. communications. utilities. and landing systems, including but not limited to flight np\:r:ltions, ground services, crn~rgcncy sCT\'ices, terminal l~lcililies. maintenance. repair. Of storage. Page 8 01']2 Agenda Item No. 16G5 May11,2010 Page 33 of 40 C. PLANNING PROJECTS If this project involves planning or other aviation studies, the Agency assures that it will: I. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as rcquired. 3. Public Information: Make such material available for examination by the public. No material prepared wlder this Agreement shall be subject to copyright in the United Staks or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Dcpartment Guidelincs: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format. of final project matcrials to the Department. This includes computcr-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan. approvcd hy the Departmcnt, to accomplish the projects described in the airport mastcr plan or depicted in the airp0l11ayout plan. The cost- feasiblc financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Fcderal Aviation Administration's priority system. c. Entering all projects contained in the cost-Jcasible plan out to tv\cnt)' years in the: Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or con1mitmcnt on the part of the Department to approve any pending or future application E)r state aviation funding. D. LAND /\CQUISlTION PROJECTS If this pmjeet involves land purchase. the Agcncy assures that it will' Applicable L.aws: Acquire the land imerest in accordance with the Uniform RelocatiDn .....ssistance and Real Property Acquisition Policies Act of 1970; the Nalional Environmental Policy of 1969: f/\A Order 51 OO.37A; FAA Order SOSOAA.; chaptcrs 73 and 74. F.S.. when property is acquired through condemnation; and section 286.23. F.S. Page 9 of 12 Agenda Item No. 16G5 May 11, 2010 Page 34 of 40 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing \\Tilten permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twcnty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land intcrcsts. c. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. fhe Agency shall apply for a Fcderal :\viation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. Iffcderal Ii.mds arc received forthe land purchase. the Agency shall notif)' the ])"partmcnt by U.S. !liail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 culendardays to achieve normal pwject federal, state, and local funJing shares;}s uescribcd in Chapter 332, l-"-S. c. If federal funds are not received for the land purchase, the /\geney shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332. F.S.. within 30 calendar days aner the loan matures. d. If Jeder,,] ti.mds arc not received I,)r the land purchase "nd the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 3.3~. F,S.. when the lo~n matllrc~. no reimbursement to the Department ::;hali be required. .t. ",ew.\ irpons: a. Protect the airport and n.:lated airspace hy en:-;uring local government adoptl()!1 of an airpc)n zoning ordinance or amending an existing airp0I1 zoning ordinance, cUllsistcnt \.vith the provisions ofChaptcr 333. F.S., prior to the completion of the project. b. :'\pply for fcdcf31 and stale funding to construct a paved runway, ;J.s~nciatcd aircraft parking apron. and connecting taxiway within one year of the date of land purchase. I'age 10 of 1:' Agenda Item No. 16G5 May11,2010 Page 35 of 40 c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention orreservation of any interes1 or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. A VIATION CONSTRUCTION PROJECTS If this project involves construction. the Agency assurcs that it will: 1. Cenifications: Provide certifications that: a. Consultant and contractor sclection comply with a11 applicable fcderal. state and local laws. rules. regulations. and policies. b. All design plans and specifications comply with federal. state, and professional stancbrds allll applicable Federal /wiation Administration advisory circulars. c. The project complies with all applicable building codes and olher statutory requirements. d. Completed construction complies with the original project plans and specifications. ~. Construction Inspcction & Approval. Provide and maintain competent technicCll supervision al the construction site throughout the project 10 assure thut the \.vork conforms to t]le plans. specifications, and schedules approved by the Department for the project. The ..'\gcncy as~;urcs that it \\'i II all 0 \,,' the l)epal1l11Cnt to inspect the work. Th<..' Dep:1l1111Cnt may require cost and progress reponing by the Agency. ... Pavement Preventative 1\1aintenancc: \\'ith respect lO a project ror the replacement or reconstruction or pavement at the airp{!11, implement an effective airpOJ1 pavement maintenance management progran1 anu the Agency assures 1hat it will use such program for the useful life of any' pavement constructed, rec.onstructed. or repaired with state linancial assistuncc at the airpurt. F. NOISE MITIGATION PROJECTS 1fthis project involves noise mitigation, the Agency assures that it will: Page 11 of 12 --"---._._-----_.._~-,-- Agenda Item No. 16G5 May 11, 2010 Page 36 of 40 I. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit oflocal government other than the Agency enter into an agreement with that government. The agreement shall obligate the unit of local government to the same tenns, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately 0\\11ed property; enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement ifthere is substantial non-compliance with the tcrms of the agreement. Page 12 ur ] 2 Exhibit D Agenda Item No. 16G5 May 11, 2010 Page 37 of 40 State Agency: mOT CSFA Number & Title: 55.004 Aviation Development Grants Amount: $1,113,452 COMPLIANCES ACTIVITlES ALLOWED Airport Planning Airport Planning Grants arc 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 LayoUl Plans (ALP); rvla<;tcr Drainage Plans; Environmental Assessml:nts (EA); Development of Rcgion;-tllmpact (DR I); Operations and Emergency Response Plans (ERP); Federal Aviation Regulations (FAJZ) Pan 150 noise studies; Environmental Impact Studies (E1S); \Vildlifc Hazard Studies: Fcasihility' and Site Selection Swdil:s; Business p!u.ns; Airport management studil's and rr:;ining; Air services studies and related promotional InJlerials. Airport Improvement Tbese grants arc to provide capital f3cilirics and equipment for airports_ E\amph:s of projects arc: Air-side capital improvement projects RUIl\\-ays Taxiw<lYs Aprons T-hangcrs Fuel farms \1Jimcnance ll;:mgcrs Lighting f\ir Traffk Control 1'ow...:r5 Instrument Approach Aids /\ulom;:nic Weather Observation StJtions Land-side ciJpita] improvement projects Tenninal Buildings Parbng lots and structun:s Page I of.t Ro,jJ and other access pwj::C!S Agenda Item No. I bG5 May 11, 2010 Page 38 of 40 Presentation projects Ovcrla)'s Cr~ck scaling ivl~lrklng Painting buildings Roofing huildings Other "pproved proj eelS Sa/t:ty equipment Airfield Rescue and Fire Fighting Vehicle (AIUT) Lighted Xs Sal(;ly projects Tree clearing Land contouring on QVCITUn areas Removing, lo\\'cring, moving, and marking, lighting hazards InfornwlioI1 technology equipment (l.Ist:d (0 ir1\'enlmy and plan airport facilily needs) Dr"inage improvements Land .,\cquisirion rhis grant progralll prutccts Florida's Cill7t'I1S from l10ist and protects (lirpOl1 clear zones i.llld rUn\\3)' JJ;;(J:, ii'om cl1crodchllll'nt ,,\dmini:;;lnllive apprais:Jls, legal fees, sunT)'s, closing C(1St:; and fees arc eligible costs, In the c\'i,:nl the negotiation for a fJir !TIClrkc( value is UllSlllTC\sful, petitioned for ",m Order ofTaLillg" Lllllkr :h(' L'minenl dOl11,Jin laws ofJ.'lorida. Ex:mJpll's tlf pnlj...'cts Jrc Lmd '-IcCjuisilion ({or land in;l1] apllr(l\,.:d \ 13<o;I::.:r 1'1;111 0]" '\IY\ \1ni!:;illion Lind (on (1r ofTJlrpnn) 1\\"ialioll e:1SClllcnls Eighl ()r\\'~l> \pprn;ich clear 70,1:..'S .\irport Economic Dt'velopl11l'llt ~r~lJlt PW;!Lllll is ((, l'I1C(lllr:l~_c :ill";-'C1n rVh.'lIllt J:\::m~llcs ot'W\l.i...'ClS :m:: /\11.\ :lirpn!1 impro\'i.T'jl'-'1l1 ;md i:l1lJ pun::h;J.se th;H \\ iil cnl1dl1.:c L'collomii..' ]mp;llt BuiliJinf'. fur k,lS,' Indus!! I:ll p;u-L ml"1";J,;[rlJi:lUrc ;t:ld hUlid:I1U;; (~l.'ll~';-d] ;J\'i:!li{l!l lCr;l1ir];ll.~ ih:j( wili h:: )'l')''':';I]1 :IT;:..'J ,'ut park marketing pn1;;rcII1l', \ \'i~ltion L~mJ \cquisiLioll l.()~:n Fn)gl"~lm iile DL'!lJnmClll :lIU\"ldt\ illl,-'l'C';;j 1;)1":5 )'~')c 'nl (lj"elle :<T\'I(( :mJ ~::nl'ral il\'ia!inll aiqwrts bnJ purclld:;('S r..11" both ({\!nmt:rcl:il This i::, ~l fdllnJ in l),' Page 2 or-l U.LOWABLE COSTS Agenda Item No. 16G5 May11,2010 Page 39 of 40 Entities are prohibited from using grant funds for lobbying the legislature. (Section 2 J 6. 3-17, Florida Statutes), Also, restrictions of ex pendi lures arc summarized in the Reference Guide for State Expenditures of the Department of financial Services. Other specific requirements for allO\vable costs are unique 10 each state project and are found in the laws. rules. nnd the provisions ofcontraclS or grant agrt'cmenls p(.:naining to the project. For projecrs listed in the Compliance Supplement, these spt:'cific requirC'lllcJJt5 are in Pan FOllr. Audit Objectives Determine whether expenditures of state financial assistanc\.? were for allowablt: costs. Suggested Audit Procedures L Identify the lypcs afcosts that are either specifically allowed or prohibited hy the 1.:l\VS, 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 Clre expressly authorized hy law to make ad\/3I1CeS for project stat111P ur contracted services in lowl or periodically, shalllimil sllch advances 10 Dlher govcrnmentall'ntities and nonprofit entities. The amnunl to he advanced may not exceed the expected cash needs of the recipknl within the initiCJ.I J monlhs. Then::Jfier disburscments are to be made only on <.1 reimbursement hasis. The Chief F;n~lnr.:ii:ll Oflicer, after consultation with tbe appropriations commillf:c, may advance funds beyond a 3.month requirement if it is deH:nnined to be consistent with tilt' inknt oj' the approved budget. AllY ugrct:mcJllll1at [or advances may contain a clause that pcnnits Ille recipicnllo tcmpor<lrj]) the proceeds, thm ~ll1Y illl\'.-'reS{ inCOl1ll' either be' returned to the ~gL'n\..~y or ag,lillst the agclKY'S obligatiun to the pay the contnlct amount. (SeelfUn:: f6, /S1. Fiorij./a cash m,lIl,lgelnl'nt rl'quin':l1ll'r1lS unique to a stat:: m:J~' be found in [he bws. rules, and the of contracts or grant agreements to the project projects liSlt'd in the Cornplian::e thesc specific requir::mt.'1l1S arc in Pan Audi! Objectives I. Determine Ihal cash lllana~(.'ml'nt pr(lcedul'i.:s ,mo.' in accordance \\ jIb Sect ion:::' 1 fl,l S 1, Florida Statutes, ;md other bws, mlL's. and the pro\'lsiOllj or l'ontracts or g.ranl ~q;rcl:m':nt5 p:n<linin;; w the SLlIe prpject. 2. Dett~rmjJl(: that imcrLsl iJ1(~oJ1lc, \\'ll'~'ll aIlO\\'i1hk, i:orr('(.'tl: r';'ct'rd,:d :l!1d n.:turn:.:J In the :;1~11e :l;cncy m applied .:igainst thi.' COl1lnet or g,r,mt agret'ment. Suggeslcd .\ud!! Procl'durcs f<l'\'iL'\~ rt'imhur~CIlIL:111 r~~qut::)ls ~lnJ tr;:ItC 1\1 \lIpp()nill.~ dUCU!11('1l1<-11j(HI, En:..;url' [ILll for \\hi.:.Jl n:im['uL,;cllh.:nt \\'dS l\.'l]Ul'Skd werc r:1id pnur t(Jlhe (!;lll' of till' n.:imb\lr~;'~:llH:IH rvqucS! Dl:tc:rll1inl.: Wlh:thcr an). illlcl\::.;t inc'.)!l1(; \Va.'.; 0\.\ cd 10 tile Jpplit:d ag:]in"~ ~l1IlUUI1',S \.m eJ ~.y the state ;l!:;ency. agency and \.:il!1I.:r n:mitl\.'d lu the agcllC) or \IAl CIII:--;(I P"gc 3 ur 4 --- -----.-------- COlll1l1erci<J1 Service Ai'l)urts Agenda Item No. 16G5 May 11, 2010 Page 40 of 40 When no [ederal funding is available, the DepaJ1m~nt pnwjdes up 10 50 percent Of1lic project cc:sts, When federal funding IS available, the Depa!1mcnt com provide up 10 :'0 percent of the non-federal share. CJcncral Aviation Airports When no federal funding is available. the Department rrn\,jd~s lip 1:0 SO perc(:nl ofprojecl costs, When federal funding is available, the Department can provide up 10 SO percent of the non-fe'deral sbare, Economic Development The Depa!1!l1cnt provides up 10 SO percenl of::tirport economic de\'e!opl11ent funds trl huild on-ail1)011 revenue-- producing cariJu! improvements This program is fi:Jr local match olll)-'. Airpol1 Lo:ms The Department provides a 75 percent loan progrCltn 10 fund the AviJtion Land Acquisi1ion Loan Program. I),:l~e -4 of ~