Resolution 2020-071 RESOLUTION NO. 2020- 71
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
APPROVING AND AUTHORIZING EXECUTION OF PUBLIC
TRANSPORTATION GRANT AGREEMENT (PTGA) NUMBER G1K34 WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT).
WHEREAS, the Collier County Airport Authority has the authority to enter into the
attached agreement with the Florida Department of Transportation to undertake projects as
authorized by Chapter 332, Florida Statutes, and Section 14-60 of the Florida Administrative
Code, and Ordinance 2004-03.
NOW, THEREFORE, BE IT RESOLVED BY THE Collier County Airport Authority,
Collier County, Florida, that:
1. Public Transportation Grant Agreement (PTGA) Number G1K34 to fund design
of a Seaplane Base at Everglades Airpark,Financial Management Number 444394-
1-94-01, attached, is hereby approved.
2. The Chairman of the Collier County Airport Authority, Burt L. Saunders, is
authorized to enter into, modify, or terminate PTGA Number G1K34 with the
Florida Department of Transportation unless and until it may be specifically
rescinded.
3. This Resolution shall take effect immediately upon adoption.
+h
ADOPTED this ag day of a1" "—"020 after motion, second and majority vote in
favor of adoption.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY,
CRYS,TALLICIKftRI4EL, CLERK COLLIER COUNTY, FLORIDA
Attest `gJ 'clerk By: u
e ; BURT L. SAUNDERS
CHAIRMAN
Approved as to form and legality:
CK_A
Jennife A. Belpedio tJ
Assistant County Attorney (- O \?"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 02/20
Financial Project Number(s): Fund(s): DDR FLAIR Category: 088719
Ott ma0g me nt-Phe"e•eequena)
444394-1-94-01 Work Activity Code/Function: 215 Object Code: 751000
Federal Number/Federal Award Org.Code: 55012020129__
Identification Number(FAIN)—Transit only: N/A _ Vendor Number' VF596000558130
Contract Number: G1 K34 Federal Award Date: N!A
CFDA Number: N/A ____ Agency DUNS Number: 076997790_
CFDA Title: N/A
CSFA Number: 55.004
CSFA Title: Aviation Grant Program
THiS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered Into
, by and between the State of Florida, Department of Transportation,
("Department"), and Collier County Airport Authority, ("Agency"). The Department and the Agency are
sometimes referred to in this Agreement as a"Party"and collectively as the"Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project,the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized Its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s).332,007,
Florida Statutes,to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in EVERGLADES AIRPARK SEAPLANE BASE DESIGN AND CONSTRUCT,as further described in
Exhibit"A",Project Description and Responsibilities,attached and incorporated Into this Agreement
("Project"), to provide Department financial assistance to the Agency,state the terms and conditions
upon which Department funds will be provided,and to set forth the manner In which the Project will be
undertaken and completed.
3. Program Area.For identification purposes only,this Agreement is implemented as part of the Department
program area selected below(select all programs that apply):
X Aviation
Seaports
Transit
Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note:Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits.The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
"Exhibit B1: Deferred Reimbursement Financial Provisions
`Exhibit B2: Advance Payment Financial Provisions
'Exhibit C:Terms and Conditions of Construction
X Exhibit D:Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F:Contract Payment Requirements
X 'Exhibit G:Audit Requirements for Awards of State Financial Assistance
'Exhibit H:Audit Requirements for Awards of Federal Financial Assistance
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STATE OF FLORIDA DEPARTMENT OF TRANS PORTAT ION Forth rzs-Qoo-i
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT 00C 02/20
_ "Additional Exhibit(s):
'indicates that the Exhibit is only attached and Incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days"within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date")and continue through June 30, 2022. 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 Department prior to the expiration of this Agreement. Expiration of this Agreement
will be considered termination of the Project. The cost of any work performed prior to the Effective Date
or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier,work on the Project shall commence no later than the_day of_,
or within_days of the issuance of the Notice to Proceed for the construction phase of the
• Project(if the Project involves construction), whichever date Is earlier. The Department shall
• have the option to Immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed.This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project.The Department may,by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement,the Department shall notify the Agency of such termination in writing at least
thirty(30)days prior to the termination of the Agreement,with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance Is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way,then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund In full to the Department within thirty(30)days
of the termination of the Agreement any funds that were determined by the Department to
have been expended In violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION fort 72440041
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT we 02120
a. The estimated total cost of the Project is $100,000.This amount is based upon Exhibit"B",
Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined In Exhibit"B",Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties In the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$$0,000 and,the Department's participation in the Project shall not exceed 80.00%of the total
eligible cost of the Project,.and as more fully described in Exhibit"B",Schedule of Financial
Assistance. The Agency agrees to bear all expenses in excess of the amount of the
Department's participation and any cost overruns or deficits Involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described In Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit"B",Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit"A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs Incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation.Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls,time records,invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit"F", Contract Payment Requirements.
e. Travel Expenses.The selected provision below is controlling regarding travel expenses'
X Travel expenses are NOT eligible for reimbursement under this Agreement
Travel expenses ARE eligible for reimbursement under this Agreement.Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No.300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
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STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-000-09
PUBUC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT Oac02/20
f, Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216,Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. if the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department.The Agency shall,within thirty(30)days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all Issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department,the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bil! the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services, The 20 days are measured from the latter of the date the invoice Is
received or the deliverables are received, Inspected or verified,and approved.
If a payment Is not available within 40 days,a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman maybe contacted at(850)413-5516.
h. Records Retention.The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately.Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment Is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred Include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department.The Department will be entitled at all times to be advised,at its request,as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit"E", Program Specific Terms and Conditions attached to
and Incorporated into this Agreement.
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STAT!OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 775-000-0t
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT DEVELOPMENTOGG00712200
k. Offsets for Claims.If,after Project completion,any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement,the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if,upon written demand,payment of the amount
Is not made within 50 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final Invoice on the Project to the Department
•
within 120 days after the completion of the Project. invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement Is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being Incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement Is in excess of$25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, Incur any
liability,or enter into any contract which,by its terms,involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void,and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering Into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
Incorporated verbatim in all contracts of the Department which are for an
amount in excess of$25,000 and which have a term for a period of more than
1 year."
o, Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency In violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department.Acceptance by the Department
of any documentation or certifications,mandatory or otherwise permitted,that the Agency flies
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or Investigation.
p. Non-Eligible Costs. In determining the amount of the payment,the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement,costs incurred
after the expiration of the Agreement,costs that are not provided for in Exhibit"A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance,costs agreed to be borne by the Agency or Its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines,and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72540041
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT oOC 02!20
in writing by the Department.Specific unallowable costs may be listed in Exhibit"A",Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification.if the Project involves construction,then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has bean obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even If no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right-of-
Way.In the event the cost of the Project Is greater than$250,000.00,and the Project Involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its Intent to:
I. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
il. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _If this box is checked,then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing Its own forces,the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
,Agency has selected to seek reimbursement from the Department for actual indirect
expenses(no rate).
li. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate Is available only to entitles that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
t Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The
Agency shall comply and require Its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth T25-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT xc 02220
best efforts to obtain the Departments input in its decisions.The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts.The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself In any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto, If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. if Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287,057, Florida Statutes. it shall be the sole responsibility of the
Agency to ensure that any obligations made In accordance with this Section comply with the
current threshold limits,Contracts, purchase orders,task orders,construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B",Schedule of Financial Assistance,or that is not consistent with the Project description
and scope of services contained in Exhibit"A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It Is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency,where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055,Florida Statutes, Consultants'Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F,R. Part 26, as amended, shall have the
opportunity to participate In the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard,all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex In
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations.In the event the Project Includes construction or the acquisition of commodities
then the following provisions are Incorporated Into this Agreement:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 735-00401.
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT oocoznc
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all Improvements constructed or commodities acquired as part of
the Project.The terms of this provision shall survive the termination of this Agreement.
14. Sale,Transfer,or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
Interests in real property,facilities, or equipment funded In any part by the Department under
this Agreement without prior written approval by the Department
b. if a sale,transfer,or disposal by the Agency of all or a portion of Department-funded real
property, facilities,or equipment Is approved by the Department,the following provisions will
apply:
I. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount,and shell be remitted to the Department within ninety(90)
days of closing of sale.
Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process,and the contract and
process for sale must be approved In advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions"a"and'b"above shall survive the termination of this Agreement.
I. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility,but shall
not exceed twenty(20)years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency Inspector general,the State of Florida Auditor General,or any other state official.The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may Include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports,following up,ensuring corrective action,and Issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department.The Agency further agrees to comply and cooperate with any
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 723-000-01
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OEVELOPM0NT
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inspections,reviews, investigations,or audits deemed necessary by the Department, State of
Florida Chief Financial Officer(CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, Is subject to the following requirements:
I. In the event the Agency expends a total amount of Federal awards equal to or In
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F—Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award Identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement.The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F—Audit Requirements. An
audit conducted by the State of Florida Auditor General In accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
Ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
Ill. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F—Audit Requirements, In Federal awards,the Agency Is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSindleAudit@dot state,fl,us no later than nine months after the end of the
Agency's audit period for each applicable audit year.In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit
Requirements,the cost of the audit must be paid from non-Federal resources(i.e.,the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
Iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC)at
https:fiharvgster_census.nov/facwebl the audit reporting package as required by 2
CFR Part 200,Subpart F—Audit Requirements,within the earlier of 30 calendar days
after receipt of the auditor's report(s)or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements.However,the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit(u dot.state.fl u a within the earlier of
30 calendar days after receipt of the auditor's report(s)or nine months after the end
of the audit period as required by 2 CFR Part 200,Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC,the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency faits to have an
9 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 721.000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT oacevs0
audit conducted in accordance with 2 CFR Part 200,Subpart F—Audit Requirements,
the Department may Impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance,which actions may Include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not In compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or In the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department
or its designee,the CFO, or State of Florida Auditor General access to the Agency's
records,including financial statements,the independent auditor's working papers,and
project records as necessary. Records related to unresolved audit findings,appeals,
or litigation shall be retained until the action Is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part Is as follows:
Office of Comptroller,MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit(aldot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted In accordance with Section 215.97,Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement,the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews,investigations,
or audits deemed necessary by the Department,the Department of Financial Services(DFS),
or State of Florida Auditor General.
b. The Agency, a"nonstate entity"as defined by Section 215.97,Florida Statutes,as a recipient
of state financial assistance awarded by the Department through this Agreement,Is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project-
' specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit"G",Audit Requirements for
Awards of State Financial Assistance, to this Agreement Indicates state financial
10 of 37
STATE OF FLORIDA DEPARTMENT OFTRANSP ORTATIDN Fomi 72E400-81
PUBLIC TRANSPORTATION sTRATEDIC
GRANT AGREEMENT DEVELOPgoac o0ENT
uzo
assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97,Florida Statutes.
In determining the state financial assistance expended In a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies,
and other nonstate entitles.State financial assistance does not include Federal direct
or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
ll. In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes.This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
III. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes,the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97,Florida Statutes.However,the
Agency must provide a single audit exemption statement to the Department at
FDOTSindloAuditpdot.state.fi,us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entitles) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FUOTSi ngieAud itrn)dot.state.fi.u s
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email:flaudgen localoovt aud.stateflus
v. Any copies of financial reporting packages, reports, or other Information required to
be submitted to the Department shall be submitted timely In accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profrt organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done In accordance with Chapters 10.550 (local governmental entitles) or
10.650(nonprofit and for-profit organizations), Rules of the Auditor General,should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
11 of 37
STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION Form 1764100-II1
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT GDC 02/20
Mil. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii, As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, Including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report Is Issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or Its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties'respective Administrators or their designees.
17. Restrictions, Prohibitions,Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to 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 Section
267.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287,134, Florida Statutes,an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for 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.
c. Non-Responsible Contractors. An entity or affiliate who has had Its Certificate of
Qualification suspended,revoked,denied,or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
12 of 37
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000d7
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT 00C 02/20
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature,judicial branch,or any state agency, in
accordance with Section 216.347,Florida Statutes.
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. if the Project Is procured pursuant to Chapter 255,
Florida Statutes,for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify,The Agency shall:
I. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract;and
II. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S.Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h. Design Services and Construction Engineering and inspection Services, if the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing
design and construction engineering and inspection services may not be the same entity.
18. Indemnification and insurance:
a. it Is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other Just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify
and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees,from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement.This Indemnification shall survive
the termination of this Agreement. Additionally, the Agency agrees to include the following
Indemnification in all contracts with contractors/subcontractors and
consuitantslsubconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law,the Agency's contractor/consultant shall indemnify and
hold harmless the Agency and the State of Florida, Department of Transportation, Including
the Department's officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
13 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T26.000.C1
PUBLIC TRANSPORTATION STRA7EGIC
LOPMENT
GRANT AGREEMENT DEVEDOC 02/2o
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This Indemnification shall survive the termination of this Agreement'
b, The Agency shall provide Workers' Compensation insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c, if the Agency elects to self-perform the Project,then the Agency may self-Insure. if the Agency
elects to hire a contractor or consultant to perform the Project,then the Agency shall carry,or
cause Its contractor or consultant to carry, Commercial General Liability Insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
Insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as flied
for use in the State of Florida. The Agency shell cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an"occurrence"basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy, The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policylies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency Is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified In writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein.The Department's approval or failure to disapprove any policy/les,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the Insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement Includes the construction of a railroad grade crossing,railroad overpass
or underpass structure,or any other work or operations within the limits of the railroad right-
of-way, Including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way,the Agency shall,or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35)where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence,and with an annual aggregate limit of not less than$6,000,000.The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement,and at all renewal
periods which occur prior to final acceptance of the work,both the Department and the railroad
14 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-01
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT DEV EL
°22/26
shall be provided with an ACORD Certificate of Lability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work.Both the Department and the railroad shall be notified in writing within
ten days of any cancellation,notice of cancellation,renewal,or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement Involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/les procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department,while any such breach or default shall exist,shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. SeverabIlity. 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.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors,subcontractors,consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it 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.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of arty applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. if this occurs, an
15 of 37
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION Forrn 726-008-11
PUBLIC TRANSPORTATION SMITE-Or
DEVELOPMENT'
GRANT AGREEMENT ODD 02120
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System(FACTS).
j i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to Incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
J. Law,Forum,and Venue.This Agreement shall be governed by and construed In accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shail prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue In which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the day and year written above.
AGENCY Hier Count Ai rt pray STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By:
-
Name: John M.Kubler,P,E.
Name: Burt L. Saunders
Title: Director of Transportation Development
Title: Chairman
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
Don Conway
ATTEST: . Approved as to form & legal ierrcr
.:CRYSTAL K. KINZL, LERK
111
tik$ "C) -)\
,O. Irman'S Jenn A. Belpedio \u\
• Assistant County Attorney Wt.
16 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 7Zo-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OG00 0
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement(If not the entire project)):EVERGLADES AIRPARK SEAPLANE BASE DESIGN AND
CONSTRUCT
B. Project Location(limits,city,county, map):Everglades Alrpark/Everglades City, FL/Collier
C.Project Scope(allowable costs: describe project components, improvement type/service type,approximate
timeline, project schedule, project size): Environmental Assessment(EA):As required by 215.971, F.S., this scope of
work includes but is not limited to consultant fees,survey and data acquisition costs,and all labor and incidentals
required to complete the environmental assessment in accordance with FAA Order 1050.1 Environmental Impacts:
Policies and Procedures, FAA Order 5450,4, NEPA Implementing Instructions for Airport Actions,and other federal
and state requirements.The Sponsor will comply with Aviation Program Assurances.
Seaplane Ramp/Floats(Construct/Improve/Modify):As required by 215.971, F.S., this scope of work includes but is
not limited to consultant and design fees,survey and geotechnical costs,permitting,construction inspection and
material testing costs, mobilization and demobilization, maintenance of traffic, erosion control,demolition,surface
preparation, in-water structural support and ramp; ground pavement(tie-In to taxiway), pier; gangway,pavement
markings(removal and new), and drainage. it Includes all materials, equipment, labor,and incidentals required to
complete the seaplane ramp/float project.The Sponsor will comply with Aviation Program Assurances.
•
Taxiway/Taxl{ane(Construction/Extension/Strengthening):As required by 215.971, F.S.,this scope of work includes
but is not limited to consultant and design fees,survey and geotechnical costs, permitting, construction inspection and
material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation,
embankment, subgrade preparation, base course,surface course,joint construction,pavement markings,airfield
lighting system, signage improvements(includes conduits, lights, conductors, cans, lightning protection,and vault
upgrades),drainage, storrnwater structures, utilities,fencing and gates,and sodding,including all materials,
equipment, labor,and incidentals required to complete the project.The Sponsor will comply with Aviation Program
Assurances.
D. Deliverable(s): EVERGLADES AIRPARK SEAPLANE BASE DESIGN AND CONSTRUCT
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable,and verifiable,to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested Is commensurate with
the accomplished Incremental progress and costs incurred by the Agency.
E.Unallowable Costs (including but not limited to):
F.Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report,will be the required deliverables for
Transit Operating Grants.
17 of 37
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18 of 37
STATE OF FLORDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS 00C 02011
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial Fund FLAIR State Object CSFAI CSFA1CFDA Title or . Funding
ManagementCategory Fiscal Code CFDA Funding Source
Number _ TyPe Year Number Description Amount
444394-1-94-01 DDR 088719 2020 751000 55.004 Aviation Grant Program . $80,000
444394-1-94-01 LF _ 088719 2020 751000 55.004 Aviation Grant Program $20,000
Total Financial Assistance $100,000
B. Estimate of Project Costs by Grant Phase:
State Local Federal i
Phases* State Local Federal Totals "/° % °Js
Land Acquisition _ $0 $0 $0 $0 I 0.00 0.00 0.00 1
Planning $0 $0 $0 $0 l 0.00 0.00 ; 0.00
Environmental/Design/Construction $80,000 $20 000 _ $0 $100,000 I 80.00 —20 00 0.00
Capital Equipment $0 $0 $0�1 $0 o,oa 0.001 o.00
Match to Direct Federal Funding
$0 $0 $0 Oo._. o 0o a.0o , 0.00
Mobility Management $0 $0 $0 $0 1 0.00 0.00 I 0.00
(Transit Only)
Totals _.. _..I $80,000 $20,000 $0_ $100,000
'Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant
Agreement.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category(grant phase)has been evaluated and determined to be
allowable, reasonable,and necessary as required by Section 218.3475, Florida Statutes. Documentation Is on file
evidencing the methodology used and the conclusions reached.
Wendy Sands
Department Grant Manager Name iiee,
i
Si Or .7 �' a` .10Dat;
19 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farts 725000-02
PUBLIC TRANSPORTATION STRATEOrc
DEVELOPMENT
GRANT AGREEMENT EXHIBITS oac 02.120
EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project, The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design-build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non-construction phases of the Project. If the Project
involves a construction phase,the Agency shall not begin the construction phase of the Project
until the Department Issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement,the Agency shall request a
Notice to Proceed from the Department's Project Manager, Wendy Sands (email:
wendy.sands@dat.state.fl.us)_or from an appointed designee. Any construction phase work
performed prior to the execution of this required Notice to Proceed is not subiect to
reimtursement,
c. The Agency will provide one(1)copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction
of the Project,
d. The Agency shall require the Agency's contractor to post a payment and performance bond
in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement
is performed in accordance with the approved construction documents, and that the
construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department In writing of the completion of construction of the Project;and for all design work
that originally required certification by a Professional Engineer, this notification shall contain
an Engineer's Certification of Compliance,signed and sealed by a Professional Engineer,the
form of which is attached to this Exhibit. The certification shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans or specifications,the certification shall Include
a list of all deviations along with an explanation that justifies the reason to acoepl each
deviation.
2. Construction on the Department's Right of Way. if the Project Involves construction on the
Departments right-of-way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right-of-way:
a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to
perform the construction work for the Project.The Agency must certify that the installation of
the Project Is completed by a Contractor prequalified by the Department as required by Section
2 of the Standard Specifications for Road and Bridge Construction(2315),as amended,unless
otherwise approved by the Department In writing or the Contractor exhibits past project
experience in the last five years that are comparable in scale,composition, and overall quality
to the site characterized within the scope of services of this Project.
20 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T2$.909-02
PUBLIC TRANSPORTATION STRATEOLC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS ODC 02129
b. Construction Engineering Inspection(CEI)services will be provided by the Agency by hiring a
Department prequalified consultant firm Including one individual that has completed the
Advanced Maintenance of Traffic Level Training, unless otherwise approved by the
Department in writing. The CEI staff shall be present on the Project at all times that the
contractor is working. Administration of the CEI staff shall be under the responsible charge of
a State of Florida Licensed Professional Engineer who shall provide the certification that all
design and construction for the Project meets the minimum construction standards established
by Department. The Department shall approve all CEI personnel. The CEI firm shall not be
the same firm as that of the Engineer of Record for the Project. The Department shall have
the right, but not the obligation, to perform Independent assurance testing during the course
of construction of the Project. Notwithstanding the foregoing, the Department may Issue a
written waiver of the CEI requirement for portions of Projects involving the construction of bus
shelters,stops, or pads,
c. The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department
Design Standards,and the Manual of Uniform Traffic Control Devices(MUTCD).The following
guidelines shall apply as deemed appropriate by the Department:the Department Structures
Design Manual,AASHTO Guide Specifications for the Design of Pedestrian Bridges,AASHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the"Florida
Green Book"), and the Department Traffic Engineering Manual. The Agency will be required
to submit any construction plans required by the Department for review and approval prior to
any work being commenced.Should any changes to the plans be required during construction
of the Project, the Agency shall be required to notify the Department of the changes and
receive approval from the Department prior to the changes being constructed. The Agency
shall maintain the area of the Project at all times and coordinate any work needs of the
Department during construction of the Project.
d. The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction
be suspended for more than 5 working days. The Department contact person for construction
is
e. The Agency shall be responsible for monitoring construction operations and the maintenance
of traffic (MOT)throughout the course of the Project in accordance with the latest edition of
the Department Standard Specifications, section 102. The Agency is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards,Index
600 series.Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h. It Is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall
operate to create or vest any property right to or In the Agency, except as may otherwise be
provided in separate agreements. The Agency shall not acquire any right, title, interest or
21 of 37
)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-00042
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS 0040286
estate In Department right of way,of any nature or kind whatsoever,by virtue of the execution,
operation,effect,or performance of this Agreement Including, but not limited to,the Agency's
use, occupancy or possession of Department right of way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to Chapter 163, F.S.
The Agency shall not cause any liens or encumbrances to attach to any portion of the
Department's property,including but not limited to,the Department's right-of-way.
j. The Agency shall perform all required testing associated with the design and construction of
the Project. Testing results shall be made available to the Department upon request. The
Department shall have the right to perform its own independent testing during the course of
the Project.
k. The Agency shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner,with reasonable care, in accordance with the
terms and provisions of this Agreement and all applicable federal, state, local,administrative,
regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time
to time,including, but not limited to,those of the Department,applicable Water Management
District, Florida Department of Environmental Protection, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
I. if the Department determines a condition exists which threatens the public's safety, the
Department may, at Its discretion, cause construction operations to cease and immediately
have any potential hazards removed from its right-of-way at the sole cost,expense,and effort
of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
m. The Agency shall be responsible to maintain and restore all features that might require
relocation within the Department right-of-way.
n. The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o. The acceptance procedure will Include a final 'walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as-built plans and an engineering certification that construction was
completed in accordance to the plans. Submittal of the final as-built plans shall include one
complete set of the signed and sealed plans on 11"X 17"plan sheets and an electronic copy
prepared in Portable Document Format(PDF). Prior to the termination of this Agreement,the
Agency shall remove its presence, including, but not limited to, all of the Agency's property,
machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project.
p. If the Department determines that the Project is not completed in accordance with the
provisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty(30) days from the date of receipt of the Department's
written notice, or such other time as the Agency and the Department mutually agree to in
writing, to complete the Project and provide the Department with written notice of the same
(the "Notice of Completion"), If the Agency fails to timely deliver the Notice of Completion,or
if It Is determined that the Project is not properly completed after receipt of the Notice of
Completion, the Department, within Its discretion may: 1) provide the Agency with written
authorization granting such additional time as the Department deems appropriate to correct
the deflclency(ies); or 2) correct the deficiency(les) at the Agency's sole cost and expense,
22 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-O0o-02
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT EXHIBITS DC"V'm
without Department liability to the Agency for any resulting loss or damage to property,
Including,but not limited to, machinery and equipment. If the Department elects to correct the
deficiency(ies),the Department shall provide the Agency with an Invoice for the costs incurred
by the Department and the Agency shall pay the Invoice within thirty(30)days of the date of
the Invoice.
•
q. The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion,shoaling,or water quality problems that result from the construction
of the Project
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate
and avoid damage to these sites. If a PTMS or TTMS is encountered during construction,the
Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, It should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act(ADA)standards.
t. Restricted hours of operation will be as follows, unless otherwise approved by the
Departments District Construction Engineer or designee (insert hours and days of the week
for restricted operation):
u. Lane closures on the state road system must be coordinated with the Public information Office
at least two weeks prior to the closure. The contact Information for the Department's Public
Information Office Is:
Insert District PIO contact Info:
Note: (Highlighted sections Indicate need to confirm information with District Office or
appropriate DOT person managing the Agreement)
3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable
Engineer's Certification of Compliance to the Department upon completion of the construction phase
of the Project.
23 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION form 72S-000-02
PUBLIC TRANSPORTATION 87RATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS oaco2rza
ENGINEER'S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement,the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed In
compliance with the Project construction plans and specifications. If any deviations have been made from the
approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each
deviation,will be attached to this Certification.Also,with submittal of this certification,the Agency shall furnish
the Department a set of"as-bulli" plans for construction on the Department's Right of Way certified by the
Engineer of Record/CEL
By: ,P.E.
SEAL: Name:
Date:
24 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 728.000-02
PUBLIC TRANSPORTATION ETRATEOlC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS Otte 02/20
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
25 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Foran T2s400-a2
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS oocav2o
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS •AVIATION
AVIATION PROGRAM ASSURANCES
A.General.
1. The assurances herein shall form an Integral part of the Agreement between the Department and the Agency.
2, These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and
compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit
"B", Schedule of Financial Assistance, as well as serving to protect public investment In public-use airports
and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a
facility developed; equipment acquired; or Project items installed within a facility for an airport development or
noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights
and Airport Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real
property acquired with funds provided by this Agreement.
7. Subject to appropriations,the Department shall continue to comply with its financial commitment to this Project
under the terms of this Agreement, until such time as the Department may determine that the Agency has failed
to comply with the terms and assurances of this Agreement.
8. An Agency that has been determined by the Department to have failed to comply with either the terms of these
Assurances,or the terms of the Agreement,or both, shall be notified, in writing, by the Department,identifying
the specifics of the non-compliance and any corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued
financial commitment to this Project and immediately require the Agency to repay the Department the full amount
of funds expended by the Department on this Project.
10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's
eligibility for further state funding of airport projects by the Department.
B.Agency Compliance Certification.
1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its
authority,with all applicable,current laws and rules of the State of Florida and applicable local governments,as
well as Department policies, guidelines, and requirements, including but not limited to, the following (latest
version of each document):
a. Florida Statutes(F.S.)
• Chapter 163,F.S., Intergovernmental Programs
• Chapter 329, F.S.,Aircraft:Title; Liens; Registration; Liens
• Chapter 330, F.S., Regulation of Aircraft, Pilots,and Airports
• Chapter 331, F.S.,Aviation and Aerospace Facilities and Commerce
• Chapter 332, F.S.,Airports and Other Air Navigation Facilities
• Chapter 333, F.S.,Airport Zoning
26 of 37
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn T2L000-07
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS °GC 02/20
b. Florida Administrative Code(FAC)
• Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments
• Chapter 14-60, FAC, Airport Licensing, Registration,and Airspace Protection
• Section 62-256.300, FAC, Open Burning, Prohibitions
• Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements,General,Airport
Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
• Eight Steps of Building a New Airport
• Florida Airport Revenue Use Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Airport Compatible Land Use Guidebook
2. Construction Certification. The Agency hereby certifies,with respect to a construction-related project,that all
design plans and specifications will comply with applicable federal,state,local, and professional standards, as
well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA Issued waivers thereto,
including but not limited to, the following:
a. Federal Requirements
• FAA AC 70/7460-1, Obstruction Marking and Lighting
• FAA AC 150/5300-13,Airport Design
• FAA AC 15015370-2,Operational Safety on Airports During Construction
• FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b. Local Government Requirements
• Local Building Codes
• Local Zoning Codes
a. Department Requirements
• Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the"Florida Green Book")
• Manual on Uniform Traffic Control Devices
• Section 14-60.007, FAC,Airfield Standards for Licensed Airports
• Standard Specifications for Construction of General Aviation Airports
• Design Guidelines& Minimum Standard Requirements for T-Hangar Projects
3. Land Acquisition Certification. The Agency hereby certifies,regarding land acquisition,that it will comply with
applicable federal and/or state policies,regulations, and laws, Including but not limited to the following:
a. Federal Requirements
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act implementing instructions for Airport Projects
• FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain(re:Condemnation)
• Section 286.23, F.S., Public Business:Miscellaneous Provisions
27 of 37
STATE Of FLORCA DEPARTMENT OF TRAMEPORTATION Farm 726-000-02
PUBLIC TRANSPORTATION 6TRATEOM
DEVELOPMENT
GRANT AGREEMENT EXHIBITS ODc 02!120
C,Agency Authority.
1. Legal Authority. The Agency hereby certifies,with respect to this Agreement,that it has the legal authority to
enter Into this Agreement and commit to this Project;that a resolution, motion, or similar action has been duly
adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement,including
assurances contained therein, and directing and authorizing the person identified as the official representative
of the governing body to act on its behalf with respect to this Agreement and to provide any additional information
as may be required,
2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds
available for that portion of the Project costs which are not paid by the U,S. Government or the State of Florida;
that it has sufficient funds available to assure future operation and maintenance of items funded by this Project,
which it will control;and that authority has been granted by the airport sponsor governing body to commit those
funds to this Project.
D. Agency Responsibilities.The Agency hereby certifies it currently complies with or will comply with the following
responsibilities:
1. Accounting System.
a. The Agency shall create and maintain a separate account to document all of the financial transactions
related to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or Its authorized representative in accordance with
Generally Accepted Accounting Principles and In an accounting system that will facilitate an effective audit
in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards and Section 215.97,F,S.,Florida Single Audit Act.
c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice.
2. Good Title.
a. The Agency holds good title,satisfactory to the Department,to the airport or site thereof,or gives assurance,
satisfactory to the Department,that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds
good title, satisfactory to the Department, to that portion of the property upon which state funds will be
expended,or gives assurance, satisfactory to the Department, that good title will be obtained.
3. Preserving Rights and Powers.
a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms and assurances of this Agreement without the written
approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a
manner acceptable to the Department, any outstanding rights or claims of right of others which would
Interfere with such performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity or person other than
the Agency or an employee of the Agency,the Agency shall reserve sufficient rights and authority to ensure
that the airport will be operated and maintained in accordance with the terms and assurances of this
Agreement.
4. Hazard Removal and Mitigation.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RNA,T25-0QO-92
PUBLIC TRANSPORTATION STRATEDN;
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GRANT AGREEMENT EXHIBITS Doc QL:Q
a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal
airspace required for instrument and visual operations at the airport (including established minimum flight
altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the
governing public authority or private land owner of the property to clear and protect terminal airspace
required for instrument and visual operations at the airport(Including established minimum flight altitudes)
by removing,lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards. The Agency may enter into an
agreement with surrounding property owners or pursue available legal remedies to remove potential hazards
to air navigation.
5. Airport Compatible Land Use.
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333,03,
F.S.,or if not In place,that it will take appropriate action necessary to ensure local government adoption of
an airport zoning ordinance or execution of an Interlocal agreement with another local government body
having an airport zoning ordinance,consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects,natural
or man-made,dangerous to navigable airspace or that would adversely affect the current or future levels of
airport operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or
expansion of airport incompatible land use areas.
6. Consistency with Local Government Plans.
a. The Agency assures the Project is consistent with the currently existing and planned future land use
development plans approved by the local government having jurisdictional responsibility for the area
surrounding the airport.
b. The Agency assures that it has given fair consideration to the Interest of local communities and has had
reasonable consultation with those parties affected by the Project.
c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency,to adopt the
current, approved Airport Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan.
a. The Agency assures that the project,covered by the terms and assurances of this Agreement,Is consistent
with the most current Airport Master Plan.
b. The Agency assures that the Project,covered by the terms and assurances of this Agreement,is consistent
with the most current, approved Airport Layout Plan(ALP), which shows:
1) The boundaries of the airport and all proposed additions thereto,together with the boundaries of all
offslte areas owned or controlled by the Agency for airport purposes and proposed additions thereto;
2) The location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities;and
3) The location of all existing and proposed non-aviation areas on airport property and of all existing
improvements thereon.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Font,725.000-02
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GRANT AGREEMENT EXHIBITS DOC 02120
C. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its
facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan,as approved by the
Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification
thereof,will be subject to the approval of the Department.
8, Airport Financial Plan.
a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish
the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan
and depicted in the Airport Layout Plan,and any updates thereto. The Agency's Airport financial plan must
comply with the following conditions:
1) The Airport financial plan will be a part of the Airport Master Plan.
2) The Airport financial plan will realistically assess project phasing considering availability of state and
local funding and likelihood of federal funding under the FAA's priority system.
3) The Airport financial plan will not include Department funding for projects that are inconsistent with
the local government comprehensive plan.
b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the
Florida Aviation Database (FAD)Joint Automated Capital Improvement Program (JACIP)website.
9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital
improvement or operating costs of the airport;the local airport system;or other local facilities which are owned
or operated by the owner or operator of the airport and which are directly and substantially related to the air
transportation of passengers or property,or for environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure.
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport
that It will make the airport as self-sustaining as possible under the circumstances existing at the particular
airport.
b. If this Agreement results In a facility that will be leased or otherwise produce revenue,the Agency assures
that the price charged for that facility will be based on the market value.
11. Public-Private Partnership for Aeronautical Uses.
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport
property for aircraft storage or tenant use at the expense of the aircraft owner or tenant,the airport owner
or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and
conditions on the facility as the airport owner or operator may impose,subject to approval by the Department,
b. The price charged for said lease will be based on market value, unless otherwise approved by the
Department.
12. Economic Nondiscrimination.
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types,kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
1) The Agency may establish such reasonable, and not unjustly discriminatory,conditions to be met
by all users of the airport as may be necessary for the safe and efficient operation of the airport.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-el
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS DOC sun
2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if
such action Is necessary for the safe operation of the airport or necessary to serve the civil aviation
needs of the public.
b. The Agency assures that each airport Fixed-Based Operator(FBO)shall be subject to the same rates,fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of
such airport and utilizing the same or similar facilities.
13. Alr and Water Quality Standards.The Agency assures that all projects involving airport location,major runway
extension, or runway location will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards.
14. Operations and Maintenance.
a. The Agency assures that the airport and all facilities,which are necessary to serve the aeronautical users
of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable federal and state agencies for
maintenance and operation, as well as minimum standards established by the Department for State of
Florida licensing as a public-use airport.
1) The Agency assures that it will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes.
2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical
purposes must first be approved by the Department.
3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition
affecting aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when adverse weather conditions interfere with safe airport operations.
15. Federal Funding Eligibility.
a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and
it will avoid any action that renders the airport ineligible for federal funding.
b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the
Agency ineligible for state funding of airport projects
16. Project Implementation.
a. The Agency assures that It will begin making expenditures or incurring obligations pertaining to this Project
within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval by the
Department District Secretary or designee.
c. Failure of the Agency to make expenditures,incur obligations or receive an approved extension may allow
the Department to terminate this Agreement.
17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any
person providing,or intending to provide,aeronautical services to the public.
18. Airfield Access.
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or
crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Ferri T25.000•02
PUBLIC TRANSPORTATION STRATec,c
DEVELOPMENT
GRANT AGREEMENT EXHIBITS °cc 02'2°
equipment, fuel, supplies, passengers, mall and freight, radar, communications, utilities, and landing
systems, including but not limited to flight operations, ground services, emergency services, terminal
facilities,maintenance,repair,or storage,except for those normal airport providers responsible for standard
airport daily services or during special events at the airport open to the public with limited and controlled
access.
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the
airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency
without prior Department approval.
19. Retention of Rights and Interests.The Agency will not sell,lease, encumber,or otherwise transfer or dispose
of any part of its title or other interests in the real property shown as airport owned or controlled on the current
airport layout plan without prior written approval by the Department. it will not sell, lease,encumber,terminate,
waive,or otherwise transfer or dispose of any part of its title,rights,or other interest in existing noise easements
or avigation easements on any property,airport or non-airport,without prior written approval by the Department.
These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes.
20. Consultant, Contractor,Scope,and Costs.
a. The Department has the right to disapprove the Agency's employment of consultants, contractors,and
subcontractors for all or any part of this Project if the specific consultants,contractors,or subcontractors
have a record of poor project performance with the Department.
b. Further,the Department maintains the right to disapprove the proposed Project scope and cost of
professional services.
21. Planning Projects. For all planning projects or other aviation studies,the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved
scope of services.
c. Make such project materials available for public review, unless exempt from public disclosure.
1) Information related to airport security Is considered restricted information and is exempt from public
dissemination per Sections 119.071(3)and 331.22 F.S.
2) No materials prepared under this Agreement shall be subject to copyright in the United States or
any other country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan,and any updates thereto,
it will be consistent with provisions of the Florida Aviation System Plan,will identify reasonable future growth
of the airport and the Agency will comply with the Department airport master planning guidebook,including:
1) Provide copies, In electronic and editable format, of final Project materials to the Department,
Including computer-aided drafting(CAD)flies of the Airport Layout Plan.
2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects
described In the Airport Master Plan or depicted in the Airport Layout Plan,and any updates thereto.
The cost-feasible financial plan shall realistically assess Project phasing considering availability of
state and local funding and federal funding under the FAA's priority system.
3) Enter all projects contained In the cost-feasible plan In the Joint Automated Capital Improvement
Program(JACIP).
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 723.000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS 000O2120
f. The Agency understands and agrees that Department approval of this Agreement or any planning material
developed as part of this Agreement does not constitute or imply any assurance or commitment on the part
of the Department to approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FM
approval prior to submitting any invoices to the Department for payment.
22. Land Acquisition Projects. For the purchase of real property,the Agency assures that it will:
a. Laws.Acquire the land in accordance with federal and/or state laws governing such action.
b. Administration. Maintain direct control of Project administration, including:
1) Maintain responsibility for all related contract letting and administrative procedures related to the
purchase of real property.
2) Secure written Department approval to execute each agreement for the purchase of real property
with any third party.
3) Ensure a qualified, State-certified general appraiser provides all necessary services and
documentation.
4) Furnish the Department with a projected schedule of events and a cash flow projection within 20
calendar days after completion of the review appraisal.
5) Establish a Project account for the purchase of the land.
6) Collect and disburse federal,state, and local project funds.
c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in
accordance with Chapter 332, F.S.,the Agency shall comply with the following requirements:
1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within
60 days of executing this Agreement.
2) If federal funds are received for the land purchase,the Agency shall notify the Department,in writing,
within 14 calendar days of receiving the federal funds and Is responsible for reimbursing the
Department within 30 calendar days to achieve normal project federal, state, and local funding
shares per Chapter 332, F.S.
3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department
within 30 calendar days after the reimbursable funds are due In order to achieve normal project
state and local funding shares as described in Chapter 332, F.S.
4) If federal funds are not received for the land purchase and the state share of the purchase Is less
than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable
funds are due, no reimbursement to the Department shall be required.
d. New Airport. If this Project involves the purchase of real property for the development of a new airport,
the Agency assures that it will:
1) Apply for federal and state funding to construct a paved runway,associated aircraft parking apron,
and connecting taxiway within one year of the date of land purchase.
2) Complete an Airport Master Plan within two years of land purchase.
3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the
terms and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land.For the disposal of real property the Agency assures that It will comply with the following:
1) For land purchased for airport development or noise compatibility purposes,the Agency shall,when
the land Is no longer needed for such purposes, dispose of such land at fair market value and/or
make available to the Department an amount equal to the state's proportionate share of Its market
value.
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•
STATE OF FLORIDA DMPARNfNT OFTRANSPORTATN)N Farts 725-000.02
PUBLIC TRANSPORTATION 'TNATEac
DEVELOPMENT
GRANT AGREEMENT EXHIBITS °Da p720
2) Land will be considered to be needed for airport purposes under this assurance if:
a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer.
b) Revenue from uses of such land contributes to airport financial self-sufficiency.
3) Disposition of land under Sections D.22,f.1. or D.22.f.2, of this Exhibit, above, shall be subject to
retention or reservation of any Interest or right therein needed to ensure such land will only be used
for purposes compatible with noise levels related to airport operations.
4) Revenues from the sale of such land must be accounted for as outlined In Section D.1. of this
Exhibit, and expended as outlined in Section D.9.of this Exhibit.
23. Construction Projects. The Agency assures that it will:
a. Project Certifications. Certify Project compliances, including:
1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
2) All design plans and specifications comply with federal, state, and professional standards and
applicable FAA advisory circulars,as well as the minimum standards established by the Department
for State of Florida licensing as a public-use airport.
3) Completed construction complies with all applicable local building codes.
4) Completed construction complies with the Project plans and specifications with certification of that
fact by the Project Engineer.
b. Design Development. For the plans, specifications, construction contract documents, and any and all
other engineering, construction, and contractual documents produced by the Engineer, which are
hereinafter collectively referred to as`plans",the Engineer will certify that:
1) The plans shall be developed in accordance with sound engineering and design principles,and with
generally accepted professional standards.
2) The plans shall be consistent with the intent of the Project as defined In Exhibit A and Exhibit B of
this Agreement.
3) The Project Engineer shall perform a review of the certification requirements listed In Section B.2.
of this Exhibit, Construction Certification, and make a determination as to their applicability to this
Project
4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations,
c. Inspection and Approval. The Agency assures that:
1) The Agency will provide and maintain competent technical supervision at the construction site
throughout the Project to assure that the work conforms to the plans,specifications,and schedules
approved by the Department, as applicable, for the Project.
2) The Agency assures that it will allow the Department to Inspect the work and that it will provide any
cost and progress reporting, as maybe required by the Department.
3) The Agency assures that It will take the appropriate corrective action necessary,as required by the
Department,for work which does not conform to the Department standards.
d. Pavement Preventive Maintenance. The Agency assures that for a project Involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance
management program and that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
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STATE OF FLORIDADEPARTMENT OFTRANSPORTATBON Form T2S 000-02
PUBLIC TRANSPORTATION STRATEDIG
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OOG O
24. Noise Mitigation Projects. The Agency assures that it will:
a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, the Agency
shall enter into an agreement with that government body.
1) The local agreement,satisfactory to the Department, shall obligate the unit of local government to
the same terms and assurances that apply to the Agency.
2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-
compliance with the terms of the local agreement.
b. Private Agreements. For noise compatibility projects on privately owned property:
1) The Agency shall enter into an agreement with the owner of that property to exclude future actions
against the airport.
2) The Agency assures that it will take steps to enforce such agreement if there is substantial non-
compliance with the terms of the agreement.
-End of Exhibit E-
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�1�
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-00043
PUBLIC TRANSPORTATION ST RATE=
DEVELOPMENT
GRANT AGREEMENT EXHIBITS °00O3/20
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,
travel,expenses,etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service.Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law)and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries:A payroll register or similar documentation should be submitted.The payroll register should show
gross salary charges,fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If non expendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule BOA-1.017, Florida Administrative Code, regard,ng the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes,for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged.The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies,and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAiR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.
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STATE OF FLORIDA DEPARTN ENT OF TRANSPORTATION Form 715-O0D-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS Oacov20
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:-
Awarding Agency: Florida Department of Transportation
State Project Title: Aviation Grant Program
CSFA Number: 55.004
*Award Amount: $80,000
*The award amount may change with amendments
Specific project information for CSFA Number 55.004 is provided at: https:/Lapps.fldfs.com/fsaalsearchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
https)/apps.fldfs,com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.comffsaa/compliance.aspx
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