HomeMy WebLinkAbout2003 JPA 412373
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CITY OF SEBASTIAN
~<'lO[JAL DEVEt.OF'EMENT
PAGE 01
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FlOYida Department Of lYansp0rt4tion
,Jltlr IrCr5H
Co\'..aNOR
OFFICE OF MODA.l oevel.OPMENT
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For.'- LaucUr.,,-*,'., IlL 3$309.3421
P'honfl: (?~4) 177.4490 "rJl(~ (954) 677..789'2
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SlOClttr....IlY
MEMORANDUM
OATE: J.nu4lry 2e. 200fS
TO:
.-on MiIaweki
Airport M_~r
Seb8su.n Mun__, Aft'port
R~ R. Malrwcti
Aviation a Rat ~ le.cI.1"
OtftceotMod8l ~
SUBJeCT: EX'fENSION OF TIME .. Jofnt P.tUof~n AtrM.ne.nt
Fm. Jl!'roj. No,; ,.!I12STs.1~! ConVe.<l No.: _ANAU
The tlIM "1aU84 forthe completion cJI seMC8S on tUbjIct ~ dHId Ju1v m ~ WId 4Ir1)'
suppIemen- thet'eto win ~IN on~" ..2OCB
ProjeCt 0esct1pti0rt IrMItd Secunty Upg......
In ~ce wnh SectIOn 18.00 d the JOInt p~ Agreement, you may ~a tJme ~n,
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tt.,. *ll.Mted that - .)oint PM*1On Agreement fOr h prvJect be ~ until Air: J 51) J~ h. . for
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FROM:
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Title:. C f ttl /'?J}()/} f tL
APfIROYID:
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Data:. --4/~Q)~Q. <9
Da~ J/3D/06
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RECEIVED
I!' ~J ':) e; ')on6
~,\I' .J I L U
SEBASTIAN
MUNICIPAL AIRPORT
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JEB BUSH
GOVERNOR
Florida Department of Transportation
OFFICE OF MODAL DEVELOPMENT
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
Phone: (954) 777-4490 Fax: (954) 677-7892
JOSE ABREU
SECRETARY
MEMORANDUM
DATE: June 24,2005
TO: Jason Milewski
Airport Manager
Sebastian Municipal Airport
FROM: Rebecca R. Mainardi
Aviation & Rail Sedion Leader
Office of Modal Development
SUBJECT: EXTENSION OF TIME - Joint Participation Agreement
Fin. Proj. No.: 412373-1-94-01
Contrad No.: ANA13
The time allotted for the completion of services on subject agreement dated JulY 30. 2003 and any
supplementals thereto will expire on Julv 31 , 2005
Projed Description: Install Security Upgrades
In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension.
For your convenience, you may complete, sign, date, and return this form to me.
It is requested that the Joint Participation Agreement for the project be extended until :5A.,,-.. d ~f :>.~t..for
the following reason(s): (Use attachment if necessary) ,
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Date:
7-1~-c;,-s-
By:
Title: --'.;.1" fr1<AlIA ~ ~ r
APPROVED:
~cP~L
Distrid Project Manager
Date:
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APPROVED:
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Date: - J~ . "'J
www.dot.state.f1.us
O~"ICII 01' MODA'" PI!VE~OPIII!NT
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STATE OF FlORIDA DEPARTMENT OF 1'RANSPORTATION
PUBLIC lRANSPORTATION
JOINT PARTICIPATION AGREEMENT
725-<l3Q.06
PUBLIC 'TRANSPORTATION
03103
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Federal No.:
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
Catalog of State Financial Assistance Number. 55004
Financial Project No.:
412373-1-94-01
(item-segment-phase-6equence)
Contract No.: AIIJAI3
Fund: DS
Function: 637
Catalog of Federal Domestic Assistance Number:
THIS AGREEMENT, made and entered into this
day of
aUl'Stl 2(Il)3__,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state of Florida,
hereinafter referred to as the Department, and City of Sebastian
hereinafter referred to as Agency.
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 authoriz:ed
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
Install Security Upgrades
and as further described In Exhibil(s) A, B, & C attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and
state the telTll5 and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
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2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the
project as described in Exhibit "A" attached hereto and by this reference made a part hereof,
with all practical dispatch, in a sound, economical, and efficient manner, and in accordance
with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election,
referendum, approval, permit, notice, or other proceeding or authorization is requisite under
applicable law to enable the Agency to enter into this Agreement or to undertake the project
hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Agency will initiate and consummate, as provided by law, all actions necessary with respect
to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion
all proceedings necessary including federal aid requirements to enable the Agency to
provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency
shall submit to the Department such data, reports, records, contracts and other documents
relating to the project as the Department may require as listed in Exhibit "C" attached hereto
and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 400.000.00
This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by
this reference made a part hereof. The Agency agrees to bear all expenses in excess of the
total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation,
including contingencies, in the project in the amount of $ 400.000.00
as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost
shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be
allowed only from the effective date of this Agreement. It is understood that State
participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work
program year that the project is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents
and all other terms of this Agreement;
(d) Department approvai of the project scope and budget (Exhibits A & B) at the
time appropriation authority becomes available.
4.20 Front End Funding: Front end funding tisJ-(is not) applicable. If applicable, the
Department may initially pay 100% of the total allowable incurred project costs up to an
amount equal to its total share of participation as shown in paragraph 4.00.
5.00 Retainage: Retainage fis1 (is not) applicable. If applicable, N/A
percent of the Department's totai share of participation as shown in paragraph 4.00 is to be
held in retainage to be disbursed, at the Department's discretion, on or before the completion
of the final project audit.
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PUBLIC TRANSPORTATION
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4,00 ofthis Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a fmal invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for Slate
and Local Govemments", separate accounts to be maintained within its existing accounting system or establish
independent accounts. Such accounts are referred to herein collectively as the "project accounf', Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three years aller final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately recon:l in the project
account, and deposit in a bank or trust company which is a member ofthe Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as 'project funds", The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess ofthe amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the
manner as prescribed by Slate Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account a II eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval ofthe Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time recon:ls, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety ofthe charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders. or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient recon:ls demonstrating its compliance with the terms Of this Agreement for a period ofthree years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
follOWing requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
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7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal
year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB
Circular A-133. Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding Federal agency. Ifthe Agency expends less than $300,000,
this audit is not required and If the Agency elects to have an audit conducted In accordance with the provisions of OMB
Circular A-133, the cost ofthe audit must be paid from non-Federal funds.
The Agency agrees to allow the Department or an independent auditor ofthe Department, the State Comptroller, and
the Auditor General access to the Agency's records and financial statements as may be necessary for complying with
the requirements of 31 U.S.C. 7501 at seq.
Pursuant to OMS Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any
management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
7.62 State Audit In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal
year, the Agency must have a state single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes and the applicable rules of the Executive Office of the Govemor, the state Comptroller, and the
Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
state awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State
agency. If the Agency expends less than $300,000, this audit is not required and If the Agency 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
non-state funds.
The Agency agrees to allow the Department, the state Comptroller, and the Auditor General access to. records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida
statutes.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
Florida Statutes, and applicable Rules of the Auditor General to the Department and to:
state of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Streat
Tallahassee, Florida 32302-1450
7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, Including
material noncompliance with individual project compliance requirements or reportable conditions In intemal controls of
the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to
eliminate such audit findings or a statement describing the reasons that corrective action is not necessary, The Agency
shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.70 Insurance: execution ofthis Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
Interest in the lost equipment or faCility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit 'C'.
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the
Department of Transportation, District 4 Public Transportation Office 3400 W. Commercial Blvd. Ft. Leu . 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 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel axpenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061 , Florida Statutes.
For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Deparbnent's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other proviSion of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.13
(1)
(2)
(3)
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in Its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
fumished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the perfonnance by the Agency of any of
its duties or Obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
8.23 Approval by Deparbnent: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
8.24 Conflict Of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been detennined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
the project suspends or tenninates federal financial assistance to the project. In the event of suspension or
teminatiOn of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
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PUBLiCTRANSPORTATlON
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8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude aU projects
costs incurred by the Agency prior to the effective date ofthis Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8,40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services perfonned pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public tl8nsportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any qf the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible, impossible, or illegal, the Department will, by Wlitten notice to the Agency, suspend any or all of
lis 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 lis obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to cany out the
actions required therein which may include any or all ofthe 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) fumish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion of the fmancing and any advance
payment previOUSly received as is detennined by the Department to be due under the provisions ofthe
Agreement. The termination or suspension shall be carried out in confonnlty with the latest schedule, plan, and
budget as approved by the Department or upon the basis of tenns and conditions imposed by the Department
upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time, The approval
of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow publiC access to all documents, papers, letters, or other material subject to the prOvisions of
Chapter 119, Rorida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall panni!, and shall require lis contractors to permit. the
Department's authorized representatives to Inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the Wlitten approval of the Department. Failure to obtain such approval shall be
sufficient causa for nonpayment by the Department as provided in pal8gl8ph 823. 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.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineenng, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, Flonda Statutes, Consultants' Competitive Negotiation Act. At the discretion ofthe Department, the Agency
will involve the Department In the Consultant Selection Process for an contracts. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in complianca with the Consultants' Competitive
Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterpnses as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed In whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps In accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discnminate on the basis of race, color, national ongin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13,10 Equal Employment Opportunity: In connection with the canying 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 win take affinnative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall Include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection lOr training, including apprenticeship.
The Agency shall insert the IOregoing provision modified only to show the particular contractual relationship In all its
contracts in connection with the development or operation ofthe 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,
demolillon, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants lOr employment lOr project work, notices to be provided by the Department setting forth the
provisions ofthe nondlscnmination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements Imposed by Tnle VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations ofthe Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIR - Civil Rights Act of 1968: Execution ofthis Joint Participation Agreement constitutes a
certification that the Agency wUl comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements Imposed by the ADA (42 U.S.C. 12102, et. seq.), the
regulations of the federal government Issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Interests: 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 any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect If any such present or fonner member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his 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
subsection: Provided, that any such present member, officer or employee shall not participate In any action by the
Agency 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 during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract orthe proceeds thereof."
The provisions of this subsection 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.
13.60 Interest of Members of. or Delegates to, Congress: No member or delegate to the Congress ofthe
United states shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carned out in confom1ance 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.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement Is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution ofthe 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 appHcation for the
financing hereunder.
14.60 State or Territorial law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any ofthe provisions ofthe Agreement violate any applicable State Jaw, 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.
72s.03O<l6
PUBUC tRANSPORTATION
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount oflhe proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees duling the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(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 descrlbed 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
attlia!.
15.00 Plans and SpeCifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and eqUipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions oflhe project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project COmpletion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose .
"
725<lSO<l6
PUBLICTRANSPORTAllON
os.m
Pal;Je10d12
17.00 Appropriation of Funds:
17.10 The state of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commibnent: In the event this Agreement is in excess of $25,000 and has a term fora period
of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, vertJal orwritten, made in violation ofthis subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
Incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which
have a term for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
07/31/2005 . 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
Director Plannlna and Production . Expiration of this Agreement will be considered termination
of the project and the procedure established In paragraph 9.00 of this Agreementshall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the axpiration of this Agreement. Invoices submitted after the 120 daytime period will not be paid.
19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entaring into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Partic/pation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shan req uire that the language of this section be included in the award documents for all subswards at all
tiers Qncluding subcontracts, sUbgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
'.
725-03<>-06
PUBLIC TRANSPORTAllON
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PaAe11of12
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies
otherwise. The Department has 20 days to deliver a request for payment (voucheQ to the Department of Financial
Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penaity in accordance with Section 215.422(3)(b) wiD be due and payable, in addition to the
invoice amount to the Agency. The interest penaity provision applies after a 35 day time period to heaith care providers,
as defined by rule. Interest penaities of less than one (1) dollar will not be enforced unless the Agency requests payment.
Invoices which have to be retumed to an Agency because of vendor preparation errors wiD result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Deoartment.
A Vendor Ombudsman has been established Within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ornbudsman may be contacted at (850)410-9724 or by calling the Department
of Financial Services Hotline, 1-8~48-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(e) F .S. the following is applicable to this agreement.
287.133(2)(a) "A person or affdiate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business With any public entity in excess of the
threshold amount provided in s. 287.017, F.S. for CATEGORY TWO fora period of 36 months from the date of being
placed on the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair ota 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.
'/25.030-06
PUBUC'TRANSPORTAllON
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Financial Project No. 412373-1-94-01
Contract No. ,ANA 1'3
ODe '3 0 2on~
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
City of Sebastian
e...rre.
SIGNATORY (PRINTED OR lYPED)
ched Encumbran~~"2 for date of Funding
I by Comptroller y1'fo.J
AGENCY NAME
-
LEGAL REVI
DEPARTMI!NT OF ORTAllON
i7OFcL~
Director Planning and Production
TITLE
~
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
i ty Attorney
Ric
,..
Fin. Proj. No.: 412373-1-94-01
Contract No.: A\WM;a
Agreement Date: UVl. 3 (! (DO?
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: Install Security Upgrades
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 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.
The plans and specifications review required in paragraph 15.00 of the Agreement shall
include an Engineer Certification and compliance with Department requirements as
outlined in Exhibit 'C'.
SPECIAL CONSIDERATIONS BY DEPARTMENT: N1A
,.
Fin. Proj. No.: 412373-1-94-01
Contract No.: ~
Agreement Date: ~ 0 Wlm
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
TOTAL PROJECT COST:
$400,000
PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc.
0.00%
$0
Agency Participation:
In-Kind
Cash
Other
0.00%
$0
Maximum Department Participation:
Primary (OS) (DDR) (DIM) (PORT)
Federal Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL)
100.00%
$400,000
$0
TOTAL PROJECT COST:
$400,000
"Funding limits and activities provided in accordance with Senate Bill 48-B. (attached).
~. '.
Fin. Proj. No: 412373-1-94-01
Contract NO.:~3
Agreement Date: B ~ ,nm
EXHIBIT "Cn
AVIATION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida,
Department of Transportation and Citv of Sebastian
A. General
1, Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used
as an airport. There shall be no limit on the duration ofthe terms, conditions, and assurances with respect
to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. Ifthe
Agency takes any action that is not consistent with these assurances, the full amount of this Agreement
will immediately become due and payable to the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactOl)' to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a. It 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, conditions, and assurances in the
Agreement without the written approval of the Department, and will ael promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the Agency. This shall be done in a manner acceptable to the Department.
b. If an arrangement is made for management and operation ofthe airport by any agency or
person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authoIity to ensure that the airport will be operated and maintained aCCOrding to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight almudes) by removing, lowering,
Joint Participtltion Agreement (JPA) Exhibit C
Page 1
'.
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local govemment adoption of airport
zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions
and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport.
The vicinity of the airport includes all areas that will be affected by nonnal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted
change in local land use regulations that would adversely affect the continued level of airport operations
by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the
Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan
adopted into the local government comprehensive plan at the earliest feasible opportunity.
6, Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1) Boundaries ofthe 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) Location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, tenninal buildings, hangars, and roads), including all
proposed extensions and reductions of existing airport facilities; and
(3) Location of all existing and proposed non-aviation areas and of all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or pennit any changes or
alterations in the airport or any of its facilities that are not in confonnity with the airport layout plan
as approved by the Department and which might, in the opinion of the Department, adversely
affect the safety, utility, or efficiency of the airport.
7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at
the airport which will make the airport as self-sustaining as possible under the circumstances existing at
the particular airport taking into account such factors as the volume of traffic and economy of collection. If
this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures
that the revenue will be at fair market value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital 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 direcUy and substantially related to the actual air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial
plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing
considering availability of state funding and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan
Joint Participation Agreement (JPA) Exhibit C
Page 2
"
shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The
JACIP Online information shall be kept current as the financial plan is updated.
10. Operation & Maintenance: 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 federel and state
agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity
or action thereon which would interfere with its use for airport purposes. Any proposal to temporerily
close the airport for non-aeronautical purposes must first be approved by the Department. The Agency
will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when flooding or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or faCility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
11. Economic Nondiscrimination: It will make the airport available as an airport for public use on
reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical
activities, including commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing,
or intending to provide, aeronautical services to the public.
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for
the airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Tenninatlon of Agreement: It will make expenditures or incur obligations pertaining to this
Agreement within two years after the date of this Agreement or the Department of Transportation may
terminate this Agreement, The Agency may request a one-year extension of this two-year time period.
The District Secretary shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon which state funds have been expended,
for the duration of the terms, conditions, and assurances in the Agreement without approval by the
Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to
disapprove the Agency's employment of specific 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. Further, the Agency assures that it will grant the Department
the right to disapprove the proposed project scope and cost of profeSSional services.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with
approved modifications.
2. Reports: Fumish the Department with such periodic project and work activity reports as required.
3. Public Infonnation: Make such material available for examination by the public. No material
prepared under this Agreement shall be subject to copyright in the United states or any other country.
Joint Participation Agreement (JPA) Exhibit C
Page 3
'.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project
involves airport master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of final project materials to the Department.
This includes computer-aided drafting (CAD) files ofthe airport layout plan.
b. Developing 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. The cost-
feasible financial plan shall realistically assess project phasing considering availability of state
and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system.
c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint
Automated Capital Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not constitute or imply any
assurance or commitment on the part of the Department to approve any pending or future application for
state aviation funding.
D. land Acquisition Projects
Ifthis project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order
5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through
condemnation; and section 286.23, F.S.
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for
the acquisition ofthe land interests.
b. Securing written permission from the Department to execute each agreement with any third
party.
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
e. Collecting and diSbursing federal, state, and local project funds.
3, loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan
for land purchase according to Chapter 332. F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program
grant for the land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by
U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for
Joint Participation Agreement (JPA) Exhibit C
Page 4
" f
\.
,.
reimbursing the Department within 30 calendar days to achieve nonnal project federal. state,
and local funding shares as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve nonnal project state and local funding shares as described in Chapter 332,
F.S., within 30 calendar days after the loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the land
purchase is less than or equal to nonnal state and local funding shares as described in Chapter
332, F.S., when the loan matures, no reimbursement to the Department shall be required,
4. New Airports:
a. Protect the airport and related airspace by ensuring local govemment adoption of an airport
zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions
of Chapter 333, F .S" prior to the completion of the project,
b. 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.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase,
5. Airfield Access: The Agency will not grant or allow easement or 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, tenninal facilities,
maintenance, repair, or storage,
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the tenns of
this Agreement within ten years after the acquisition date.
7. Disposal of land: Forland purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local laws,
rules, regulations, and policies.
b, All design plans and specifications comply with federal, state, and professional standards and
applicable Federal Aviation Administration advisory circulars.
c, The project complies with all applicable building codes and other statutory requirements.
d, Completed construction complies with the original project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work confonns to the plans, specifications, and
Joint Participation Agreement (JPA) Exhibit C
Page 5
.' .
\.
"
schedules approved by the Department for the project. The Agency assures that it will allow the
Department to inspect the work, The Department may require cost and progress reporting by the
Agency.
3, Pavement Preventative Maintenance: Wllh respect to a project for the replacement or reconstruction
of pavement at the airport, implement an effective airport pavement maintenance management program
and the Agency assures that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are camed out by another
unit of local govemment or are on property owned by a unit of local govemment other than the Agency,
enter Into an agreement with that govemment. The agreement shall obligate the unit of local govemment
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the
agreement If there is substantial non-compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property,
enter into an agreement with the owner of that property to exclude future actions against the airport. The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Joint Participation Agreement (JPA) Exhibit C
PlIge6
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"
G6!19/2003 08:33
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MODAL DEVELOPEMENT
PAGE 02/02
.,
r
;<1. tEGIS2001.349
2001 Fla. S.... Law Serv. Cll. 2001-349 (S.B. 48-B) (WEST)
FLORIDA 1001 SESSION LAW SERVICE
~vellt"l\tb Logllllatu....Sp""'i.l 'D' S..oiol1
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Copr. Q West Group 2001. All riijht. rMmrcd.
Additions ate indioated by <:<+ Text +>:.>; delllti_ by
<<- Text ->>. Chang..;" tabl", at\> made bllt not higb1ighted,
Chl'pU1r 2001-349
S.B. No. 48-6
AlR?OR IS AND u:tm1NG FIELDS..NOISE AJ.'ID NOISE POLLUTlON-ECONOMIC ASSISTANCE
.A.n act rdating to airport.<. amondina', 332.007. F.S.; Pl'O'o'i<!in1i economia .0sistMe. to ah'portr, providing for noise
mitigation for certain aiIport!', requiring certain nod.e to the LegisiallJre; providinll ll.ll ati'..lIve date.
Be It Enaet,.d by 1he Legislature of ilie State of Florida:
Beetlo!! 1. Slibscclion (8) is added to -uon 332.001,11orida Statutc:s, to read;
. <<FLSTP32,007>>
332.007. Administr"io" and 6.nllllCing of aviolioll..,d air]lOI't pL'01!"IlIll' ",d projects; Slate pion
<:<+(8) Netwithst3nding any other provision onaw t<J the eontrary, the department is authorl:cd to provide operational
!lr\d rnaill.,t:IlSllce assistllllce to publicly OWtled. publie.us.:: iili'ports. Suoh ~<lm"" shall be to coatply wUh enhAnced
!edCl'a1 security requirements or to ad.dxcss rebled """"oIDio illlJ?a.ts from the _ of September II. 2001. For
proj""lll in the aUtTent adopted work: program, O't projects added usWg thn available b~t of the departmont, airports
may roquest the department. obmge the project pw;oso in aocot'Jmoe with this provision notmtb:<tilIld.io.g tho provisions
of s. 339.135(7). For purpo""" of:his IlUbsecuoLl, lb.. department may lUnd up !<l100 pet'Q...t of eligible projoct co.u
thet are not fur.ded by Ill. fedetal government. Prior to releasins .",y iWds. tmda' lIli. section, the department ,hall
rO'View a.ad approYC the expeadituic plw submitted by the airpQr\. The deplltb;nC1t shaU lmo= rhe Legilll.at= of III1Y
"amgethat it approVd WIder lhi! $lJb...:tlon. 'IbIs subsection shall eo<pirc on Jwo.e 30, 2003.+>>
<<FLST ~ 332.13>>
Section 2. [FNll <<+AIJ.y multiocu:nly olrport authority _ted 1IlI1Illlndcgend.m1 $pCCial district which is S"-bject to a
dcvelopmenl-of.regiQltat. impact dcvelopmout order M.d which 1m ccnductcd a t10iJe study in accord"",,", with 14
C.F.R. Pari 150 .baIl, ill ti.soaI. year 2002, e.slabllsh . t1oill... miligation-projCQ\ fund in IIll_Ount ofS7.S mil1i<lll, which
sball be loMcoscd lor 1lllOlhc:t S2.S million m e..:..1 you 2004. The 1ll0"O)" In Ihe projl!Ct fund ,ball be segregated and
el\p<ndcd by the alryort auiliorlty by De=ber 31, 2006, to tho OlClCtlt neeelllUj' !<l c""'l'ly with dcvelOJltt1CCl.-ordl:!'
collItllilm."!ll$ to acquiro property from or othcrwi.. mitisate proporty OWl1<:l'S advmely tffilltcil by tll~ development of
regional impaot If monoys are not ""P"""ed for ouch pu.<;lo.... by December 31, 2006. the airpcrt autli.ority s'oe.U !lot
lh.naftcr amend it. dcvelopotent-of-regional.impaet development. orda' or oomm= developmeut ci airport
inf!'as!nIdUIC improvem<llts authorized by such developmelll ord.er tmtiI such t\md3 ere 1\JUy Cl<pC!lded rer such
purposes. +>:>
[FNl] r....ti.. _"""''''''" , 332.13
Sentio..], Thil ..:t !lI.U tak. cffc::\ upon becoming a law.
App"'vecl by the Oov"'llorNovember 16, ZOC!.
Copr. iQ West 2002 No Clailu to Orlg. U,S. ~ Wllttks