HomeMy WebLinkAbout2016 AgreementFinancial Project Number(s):
439715-1-94-01
(aem�egment-p ese�equence)
Contract Number S a(q 5
CFDA Number:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: DPTO
Function: 637
Federal Number:
DUNS No.: 80-939-7102
Agency DUNS No.:
FLAIR Category: 088719
Object Code: 740100
Org. Code: 55042010429
Vendor No.: VF596000427008
CSFA Number: 55.004
CFDA Title: CSFA Title: Aviation Grant Program
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THIS JOINT PARTICIPATION AGREEMENT�~
("Agreement"), made and entered into this /�? day of
20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, ("Department"), and City of Sebastian 202 Airport Drive East Sebastian, FL 32958
("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before 7/31/2018
and this Agreement will expire unless a time extension is provided in accordance with Section 16.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to
enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows:
1.00 Purpose of Agreement The purpose of this Agreement is to provide for the Department's participation in
Update Airport Master Plan at Sebastian Municipal Airport
and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental
financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth
the manner in which the Project will be undertaken and completed.
1.10 Exhibits. A,B,C & D are attached and incorporated into this Agreement.
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2.00 Accomplishment of the Project:
2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the
Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as
provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid
requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C"
attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis.
The activity report will include details of the progress of the Project towards completion.
3.00 Total Project Cost The total estimated cost of the Project is 216,000.00 . This amount is based upon the estimate
summarized in Exhibit "B" attached to and incorporated into this Agreement The Agency agrees to bear all expenses in excess
of the total estimated cost of the Project and any deficits involved.
4.00 Project Costs Participation and Eligibility:
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the
amount of 10.800.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B",
whichever is less.
4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the
Project in the amount of 10.800.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost
shown in Exhibit "B", whichever is more.
4.12 Federal Awards. The Agency, a non-federal entity, O is 0 is not a recipient of a federal award, as detailed in Exhibit "B."
4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of this
Agreement. It is understood that State participation in eligible Project costs is subject to:
a) Legislative approval of the Department's appropriation request in the adopted work program year that the Project is
scheduled to be committed;
b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the
required approval of the Department and all other terms of this Agreement;
d) Department approval of the Project scope and budget (Exhibits "A" and "B") at the time appropriation authority
becomes available.
4.30 Front End Funding. Front end funding 0 is Q is not applicable. If applicable, the Department may initially pay 100% of the
total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 4.10.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the
Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall
incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding
for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of funding may be revised by
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execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that
funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the
Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller.
5.20 Payment Provisions. Unless otherwise allowed, payment will begin in the year the Project or Project phase is scheduled in
the work program as of the date of the Agreement. Payment will be made for actual costs incurred as of the date the invoice is
submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of
goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters
215 and 216, Florida Statutes. If the Department determines that the performance of the 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 sixty (60) days after notice from the Department, provide the Department with a corrective
action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to
meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice
amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the
Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained
amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the
end of the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2
CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the "Project account:' Records of costs incurred under terms of this Agreement
shall be maintained in the Project account and made available upon request to the Department at all times during the period of this
Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records,
together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all
other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any
litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been resolved.
6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in
excess of the latest approved budget or attributable to actions which have not received the required approval of the Department
shall not be considered eligible costs.
6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in
proper detail the nature and propriety of the charges.
6.40 Checks, Orders, and Vouchers. Any check or order drawn by the Agency with respect to any item which is or will be
chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of
the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily
accessible, and, to the extent feasible, kept separate and apart from all other such documents.
6.50 Audits. 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.
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1. 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 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 D 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.
iii. 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 FDOTSin4leAuditO-)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
httos://harvester.census.aov/facweb/ the audit reporting package as required by 2 CFR Part 200,
Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits
required by 2 CFR Part 200, Subpart F - Audit Requirements. However, the Department requires a
copy of the audit reporting package also be submitted to F D OTSi ngleAud Na -dot. state. fl. us within the
earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the
audit period as required by 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 fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit
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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 CFR 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(&-dot.state.fl.us
2. 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(2)(m), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following requirements:
L 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 D to this Agreement indicates state financial
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 entities. State financial assistance does not include Federal
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direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the
requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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 FDOTSingleAuditCaD-dot.state.fl.us no later than nine
months after the end of the Agency's audit period for each applicable audit year. In the event the
Agency does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e.,
the cost of such an audit must be paid from the Agency's resources obtained from other than State
entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, copies of financial reporting packages required by this
Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSinaleAudita-dot.state. fl. us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localaovt a@aud.state.fl.us
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-profit 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 entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date the reporting package was
delivered to the Agency in correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting
package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate corrective action on all deficiencies has been taken
pertaining to the state 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,
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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.
3. 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.
6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability to repair
or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of
such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment
or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or
modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of Transportation,
District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 , its requisition on
a form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 6.10
hereof) to justify and support the payment requisitions.
7.11 Deliverables. The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as
established in Exhibit "A." Each deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion.
7.12 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper
pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit
"A." Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments.
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in
writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Section 2.00 and Exhibit "A" has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061,
Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may
establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
7.16 Property Acquisition. For real property acquired, submit:
a) The date the Agency acquired the real property.
b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid
for real property.
c) A statement by the Agency certifying that the appraisal and acquisition of the real property together with any
attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures
required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency
acquiring the real property.
7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests for
reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment if:
a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or
amendment to its application, or with respect to any document or data furnished with its application or pursuant to
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this Agreement;
b) There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which
may jeopardize or adversely affect the Project, the Agreement, or payments to the Project;
c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval
of the Department or has made related expenditures or incurred related obligations without having been advised by
the Department that same are approved;
d) There has been any violation of the conflict of interest provisions contained in this Agreement;
e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or
f) Any federal agency providing federal financial assistance to the Project suspends or terminates federal financial
assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will
reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in
Exhibit "B."
7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the
Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in
the latest approved scope and budget for the Project, costs attributable to goods or services received under a contract or other
arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund
availability.
7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services
done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon
demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered
a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or
for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under
this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the
Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice
under this Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any
or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such
other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be
computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise
includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously
received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall
be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms
and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a
reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the Project shall
not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes.
9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the
financing and development of the Project.
10.00 Contracts of the Agency:
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10.10 Third Party Agreements. 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, purchase of commodities contracts or amendments thereto. If the Department chooses to
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.20(c). 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.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this
Agreement that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the
discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded
under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in
compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act.
10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves the purchase of commodities or
contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes
engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO
per Chapter 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida
Statutes. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has
been accomplished in compliance with Chapter 287.057, 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", or that is not consistent with the Project description and scope of services contained in Exhibit "A" must
be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an
amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section
7.20(c).
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as
defined in 49 CFR 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 DBE's 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 DBE's 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.
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 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 255.099(1), Florida Statutes.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take
affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to
their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
726.030.06
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compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to
show the particular contractual relationship in all its contracts in connection with the development or operation of the Project,
except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves
installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places
available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with
all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the Regulations of the Federal
Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply
with all the requirements imposed by Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which among other things,
prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age.
11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Agency
will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), the regulations of the federal government
issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any
property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business
entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner,
director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any
combination of them, has a material interest.
a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any
business entity.
b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or
planned to be included in the Project, with any person or entity who was represented before the Agency by any
person who at any time during the immediately preceding two (2) years was an officer, director or employee of the
Agency.
c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising
therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project will be
carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The
Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations,
including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other
than the Agency.
12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency
constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the
part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no
way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
725.030.08
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12.40 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.
12.60 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to
pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
12.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that the Project facilities and equipment
will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment.
12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as required by 49 CFR Part 18, when applicable.
12.80 Disposal of Project Facilities or Equipment If the Agency disposes of any Project facility or equipment during its useful
life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with
the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined
on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Agency must
remit said proportional amount to the Department within one (1) year after the official date of disposal.
12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify, defend,
and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance
of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim,
loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its
officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver
by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all expenses at trial.
13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's
Certification that certifies Project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications,
construction contract documents, and any and all other engineering, construction, and contractual documents produced by the
Engineer, hereinafter collectively referred to as "plans", the Agency will certify that:
a) All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b) The plans were developed in accordance with sound engineering and design principles, and with generally accepted
professional standards;
c) The plans are consistent with the intent of the Project as defined in Exhibits
the Scope of Services; and
d) The plans comply with all applicable laws, ordinances, zoning and
requirements, and other similar regulations.
725.030.06
PUBLIC
QGC - 612016
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"A" and "B" of this Agreement as well as
permitting requirements, public notice
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, that the
Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate
title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose.
15.00 Appropriation of Funds:
15.10 Contingency of Payment. The State of Florida'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, funds
approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for
funding levels by fiscal year. Project costs utilizing these 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.
15.20 Multi -Year Commitment. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one
(1) year, the provisions of Chapter 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."
16.00 Expiration of Agreement. The Agency agrees to complete the Project on or before 7/31/2018 . 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 expiration of this Agreement. Expiration of this Agreement will be
considered termination of the Project and the procedure established in Section 8.00 of this Agreement shall be initiated. The cost
of any work performed after the expiration date of this Agreement will not be reimbursed by the Department.
16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the
expiration of this Agreement.
17.00 Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all
genders.
18.00 Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument.
19.00 Restrictions on Lobbying:
19.10 Federal. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
725.030.06
PUBLIC
OGC - 6/2016
Page 13 of 16
and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a
state agency.
20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following time frames:
a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter
of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and
inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice.
b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. The 40 days are
measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and
approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices
that have to be returned to the 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 DFS. The duties of this individual include acting as an advocate for Agencies
who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be
contacted at (850) 413-5516.
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees
as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this
Agreement:
a) 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 287.017, Florida Statutes for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real 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) 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.
d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or
arrangement in connection with the Project or any property included or planned to be included in the Project in which
725030.06
PUBLIC
OGC - 612016
Page 14 of 15
any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any
interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the
Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph
provided that any such present member, officer or employee shall not participate in any action by the Agency or the
locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal
depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental
agency.
23.00 Employment Eligibility (Using E -Verify). AgencyNendors/Contractors:
a) Shall 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 Agreement; and
b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the
Agreement 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 contractor or subcontractor during the Agreement term.
24.00 Inspector General Cooperation. The Parties agree 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.
25.00 Maintenance of Project The Agency agrees to maintain any project not on the State Highway System constructed under
this Agreement.
26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department
may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the
Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and
uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Sebastian
AGENCY NAME
Joseph Griffin
SIGNATORY (PRINTED OR TYP D) ,
SIGNATURE
City Manager
TITLE
ATTEST:
Jlynette Williams, MMC — City Clerk
Robert A. -Ginsburg, Mty Attorney
DEPARTMENT
Stacy L. Miller, P.Er::lCll/7VNtuA 1
DEPARTMENT OF TRANSPORT 10
Director of Transportation Development
TITLE
/117
U
LEGAL REVIEW, DEPARTMENT OFF TRANSP ION
See attached Encumbrance Form for date of
Funding Approval by Comptroller ��//
72503 B
PUBLIC
CCC -MM
Page 15 0115
Fin. Proj. No. 439715-1-94-01
Contract No: A S 295'
Agreement Date: gr
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and City Of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Master Plan Update
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding action
and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and measurable
deliverables. Each deliverable must specify the required level of service to be performed and
the Department's criteria for evaluating successful completion. The items must be submitted
and approved through the Florida Aviation Database http://www.florida-aviation-
database.com/ filed under the appropriate Financial Management (FM) number to meet the
deliverable requirements. The deliverables may be specified in subsequent agreements
and/or task work orders related to this JPA. The deliverables must be received and accepted
by the Department prior to the payment of services. The Department of Financial Services
Internet link below provides guidance on clear and comprehensive scopes and deliverables
development. The scope of work and deliverables are specifically addressed in chapter 3:
htto://www. mvfloridado.com/aadir/docs/ContractandGrantManaoementUserG uide. pdf
Financial Project No. 439715-1-94-01
Contract No. As 2 9 5
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Sebastian
202 Airoort Drive East Sebastian, FL 32958
referenced by the above Financial Project Number.
I. PROJECT COST:
TOTAL PROJECT COST:
IL PARTICIPATION:
Maximum Federal Participation
FAA
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
$216,000.00
$216,000.00
( 90 %) or $ 194,400.00
( %) or $
( 5 %) or $ 10,800.00
( %) or $
Primary
DPTO ( 5 %) or $ 10,800.00
Federal Reimbursable ( %) or $
Local Reimbursable ( %) or $
TOTAL PROJECT COST:
$216,000.00
Page 1 of 1
Financial Project No. 439715-1-94-01
Contract No. C 2 0) !
Agreement Date 01'.2 41,
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc... )
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance (Number & Title) Amount
Florida Department of Transportation 55.004 $10,800.00
Compliance Requirements
Activities Allowed:
Airport Planning
Airport Planning Grants are to study options for airport development and operations. The Department funds airport master
plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport
promotion. Examples of projects are:
- Master plans and ALPS;
- Master drainage plans;
- Environmental assessments (EA);
- Development of regional impact (DRI);
- Operations and emergency response plans;
- Federal Aviation Regulations (FAR) Part 150 noise studies;
- Environmental impact studies (EIS);
- Wildlife hazard studies;
- Feasibility and site selection studies;
- Business plans;
- Airport management studies and training;
-Air services studies and related promotional materials.
(FDOT Aviation Grant Program Handbook)
Airport Improvement
Page 1 of 3
.. 725440-15EXHIBIT "C
AVIATION
AVIATION PROGRAM ASSURANCES OGC-03/15
Financial Project No. 439715-1-94-01
Contract No. «9 /
Agreement Date
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Sebastian
202 Airport Drive East Sebastian, FL 32958
A. General
1. The assurances herein shall forth an integral part of the Joint Participation Agreement (Agreement) between the State of
Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or
special district, such as an Airport Authority (herein, collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance
with specific provisions of Exhibit A, "Project Description and Responsibilities' and Exhibit B, "Project Budget", as well as serving
to protect public investment in public -use airports and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility
developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility
program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement 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 the State of Florida.
7, Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the
terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms
of the Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or
these assurances shall be notified, in 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 of an Agreement and/or assurances will jeopardize the Agency's eligibility for
further state funding of airport projects by the Department
B. Agency Compliance Certification
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 local government, 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., Local Government Comprehensive Planning and Land Development
- Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
Pagel of 11
EXHIBIT "C" 725-040-15
AVIATION
AVIATION PROGRAM ASSURANCES OAC -03/15
- Chapter 330, F.S., Requlation of Aircraft. Pilots, and Airports
- Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
- Chapter 332, F.S., Airports and Other Air Navigation Facilities
- Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
- Chapter 73C-41, FAC, 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(5) FAC, Open Burning, Prohibitions, Public Airports
- Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
-Airport Zoning Ordinance
- Local Comprehensive Plan
d. Department Requirements
- Eight Steps to Building a New Airport
- Florida Airport 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 7017460-1, Obstruction Marking and Lighting
- FAA AC 15015300-13, 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
C. Department Requirements
Page 2 of 11
EXHIBIT "C" 725-040-15
AVIATION
AVIATION PROGRAM ASSURANCES Occ-03/15
- Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(Commonly Referred to as the "Florida Green Book")
- Manual on Uniform Traffic Control Devices
- Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports"
- 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 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 5100.376, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
- Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
- Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
- Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to
enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or
passed as an official act of the 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 project Agreement, that it has sufficient funds
available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has
sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and
that authority has been granted by the airport sponsor governing body to commit those funds to this project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following responsibilities:
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.
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c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or 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 will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the
Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department,
any outstanding rights or claims of right of others which would interfere with such performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity or person other than the
Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport
will be operated and maintained in accordance with the terms and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace
required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing
public authority or private land owner of the property to clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards. The Agency may enter into an agreement with surrounding 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.,
"Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of an
airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance,
consistent with the provisions of Section 333.03, F. S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or
man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport
operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport
incompatible land use areas.
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned future land use development
plans approved by the local government having jurisdictional responsibility for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable
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consultation with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport
Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with
the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with
the current, approved Airport Layout Plan (ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas
owned or controlled by the Agency for airport purposes and proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport
facilities; and
(3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements
thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities
that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Department.
8. Airport Financial Plan
a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport
Layout Plan, and any updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of state and local funding and
likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are inconsistent with the local
government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the 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 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
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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 sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users
of the airport as may be necessary for the safe and efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals,
and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and
utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location that the
project 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. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects.
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16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project
within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department
District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the
Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending
to provide, aeronautical services to the public.
18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the
airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies,
passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight
operations, ground services, emergency services, 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 material available for public review, unless exempt from public disclosure.
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(1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 Florida Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the United States or any other
country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material
prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be
consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the
Agency will comply with the Department airport master planning guidebook, including:
(1) Provide copies, in electronic and editable format, of final project materials to the Department, including
computer-aided drafting (CAD) files of the Airport Layout Plan.
(2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the
Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and federal funding under
the FAA's priority system.
(3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program
(JACIP).
f. The Agency understands and agrees that Department approval of this project Agreement or any planning material
developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the
Department to approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval
prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5 -day requirement for the approval and inspection of goods and services to allow for
adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
For the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(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, Florida Statutes, the Agency will comply with the following requirements:
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(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, Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30
calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares
as described in Chapter 332, Florida Statutes.
(4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to
normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to
the Department shall be required.
d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency
assures that it 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 will, when the land is no
longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department
an amount equal to the state's proportionate share of its market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest
or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to
airport operations.
(4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as
outlined in Section D.9.
(5) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any
airport -owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the
acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within
ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and
the contract for sale must be approved in advance by the Department.
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(d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the
Department shall include a proportional amount based on the value of the non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations,
and policies.
(2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA
advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as
a public -use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by the
project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any and all other
engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively
referred to as "plans", the Agency will certify that:
(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 132 above and make
a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements,
public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that:
(1) The Agency will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for
the project.
(2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and
progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department,
for work which does not conform to Department standards.
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.
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
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terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance
with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the
airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
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EXHIBIT "D"
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
- Air -side capital improvement projects (runways, taxiways, aprons, T -hangers, fuel farms, maintenance hangers, lighting,
control towers, instrument approach aids, automatic weather observation stations);
- Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects);
- Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects;
- Safety equipment (including AARF fire fighting equipment and lighted Xs);
- Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting
hazards);
- Information technology equipment (used to inventory and plan airport facility needs);
- Drainage improvements.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas
from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are
eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of
Taking" under the eminent domain laws of Florida. Examples of projects are:
-Land acquisition (for land in an approved master plan or ALP);
-Mitigation land (on or off airport);
-Aviation easements;
-Right of way;
-Approach clear zones.
(FDOT Aviation Grant program Handbook)
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
-Any airport improvement and land purchase that will enhance economic impact;
-Building for lease;
-Industrial park infrastructure and buildings;
-General aviation terminals that will be 100 percent leased out;
-Industrial park marketing programs.
(FDOT Aviation Grant Program Handbook)
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service
and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be found in
the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm.
Allowable Cost: See part three of compliance supplement
Cash Management: See part three of compliance supplement
Matching Requirements are as follows:
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is
available, the Department can provide up to 50 percent of the non-federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
General Aviation Airports
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EXHIBIT "D"
When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is
available, the Department can provide up to 80 percent of the non-federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on -airport revenue-producing capital
improvements. This program is for local match only.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A433, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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