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2nd Supplement 05/20/2009DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 8, 2009 TO: Peter Horton, Director of Airports VIA: Bevette Moore, Director of Operations✓' 4` FROM: Isabel C. DeSantis, D. C. At the May 20, 2009 BOCC meeting, the Board approved the following: Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund the purchase of aircraft rescue fire fighting equipment for the Florida Keys Marathon Airport. Supplemental Joint Participation Agreement between Monroe County and the Florida Department of Transportation for additional funding for the Runway Safety Area project at the Key West Airport. Enclosed are 5 duplicate originals for each of the above -mentioned for your handling. Please be sure that the sets marked Monroe County Clerk's Of ace Original and Monore County Finance Department's Original are returned to this office. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File !� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 2 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 1 of 4 Financial Project No.: 41253519401 (item-segme nt -ph ase-seq uence) Fund: DDR Function: 637 Federal No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55062020628 Vendor No.: F596000749053 Catalog of State Financial Assistance Number: 55.004 Contract No.: ANJ94 DUNS No.: Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this 2-'2,., day of -;r u AI e , ~009 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Key West International Airport 3491 S. Roosevelt Boulevard, Key West, FL 33040 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 8th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of June ,2004 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $715,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide additional Department funding for the Runway Safety Area for Key West International Airport. Scope of the project remains the same. This is a multi-year agreement with $490,000.00 allocated for fiscal year 2011. RECEIVED !JUN 2 6200Q AIRPORTS - r:!;;~:ii ----____..1 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $6,880,000.00 bringing the revised total cost of the project to $ 10,930,000.00 Paragraph 4.00 of said Agreement is increased by $590,000.00 bringing the Department's revised total cost of the project to $ 715,000.00 3.00 Amended Exhibits: Exhibit( s) A, Band C of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement June 30th ,2012 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 Financial Project No. 41253519401 Contract No. ANJ94 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated June and any subsequent supplements shall remain in full force and effect. 8th 2004 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT Key West International Airport AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller George R. Neugent LEGAL REVIEW DEPARTMENT OF TRANSPORTATION ~-~ , DEPARTMENT OF TRANSPORTATION Mayor/Chairman OS/20/2009 06 Director of Transportation Development TITLE TITLE ..".. ~p~ ~,~; ;;:< "" ~ 1= "'T'J r- tT1 o -rr o ::0 ::0 ,.." n C) :::0 o ~~E 3S 8 . j _oj (J :r :;:-oi.. ;-i)> -" C> r- fT1 :i .l;- .. 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 4 of 4 Financial Project No. 41253519401 Contract No. ANJ94 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Key West International Airport 3491 S. Roosevelt Boulevard, Key West, FL 33040 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To clarify Department participation in legal fees associated with environmental permitting for the project and providing additional Department funding. I. Project Cost: As Approved As Amended Net $4,050,000.00 $10,930,000.00 $6,880,000.00 Total Project Cost $4,050,000.00 $10,930,000.00 $6,880,000.00 I. Fund As Approved As Amended Net Department: $125,000.00 $715,000.00 $590,000.00 Agency: $125,000.00 $715,000.00 $590,000.00 Federal Aviation Administ $3,800,000.00 $9,500,000.00 $5,700,000.00 Total Project Cost $4,050,000.00 $10,930,000.00 $6,880,000.00 Comments: 725-030-07 PUBLIC TRANSPORTATION 04/07 Additional Page III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. Henry, Dionne G. From: Sent: To: Subject: The job FI989HLR Wednesday, March 25, 2009 3:35 PM Henry, Dionne G. FUNDS APPROVAL/REVIEWED FOR CONTRACT ANJ94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ANJ94 Contract Type: Vendor Name: MONROE COUNTY Vendor ID: VF5960007490S3 Beginning date of this Agmt: 06/08/04 Ending date of this Agmt: 04/30/11 Method of Procurement: ************************************************************************ ORG-CODE . *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 062020628 *PT 2009 S002 *750004 * *55100100 *00 * 100000.00 *41253519401 *088719/09 2 *0003/04 *637 * TOTAL AMOUNT: *$ 100,000.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 03/25/2009 1 Henry, Dionne G. From: Sent: To: Subject: Langridge, Howard Friday, March 27, 20094:08 PM Henry, Dionne G. FW: FUNDS APPROVAL/REVIEWED FOR CONTRACT ANJ94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ANJ94 Contract Type: AG Method of Procurement: G Vendor Name: MONROE COUNTY Vendor ID: VF596000749053 Beginning date of this Agmt: 06/08/04 Ending date of this Agmt: 04/30/11 Contract Total/Budgetary Ceiling: ct = $715~000.00 ************************************************************************ Description: 41253519401;41253519401;41253519401;41253519401; ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: REVIEWED* 55 062020628 *PT 2011 S002 *750004 55100100 *01 * 490000.00 *41253519401 088719 11 /04 *637 * * 2 * ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 490~000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE~ CPA~ COMPTROLLER DATE: 03/27/2009 1 FINANCIAL PROJECT NO. 41253519401 CONTRACT NO. ANJ94 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 Monroe County - Key West International Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 referenced by the above Financial Project Number. PROJECT LOCATION: Key West International Airport PROJECT DESCRIPTION: Providing additional Department funding for the Runway Safety Area at Key West International Airport. 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. SPECIAL CONSIDERATIONS BY DEPARTMENT: None FINANCIAL PROJECT NO. 41253519401 CONTRACT NO. ANJ94 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 Monroe County - Florida Keys Marathon Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 referenced by the above Financial Project Number. 1. PROJECT COST: $10,930,000.00 TOTAL PROJECT COST: $10,930,000.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA ( 0/0) or $9,500,000.00 Agency Participation In-Kind (50% ) $715,000.00 Cash ( 0/0) $ Other ( 0/0) $ Maximum Department Participation, Primary (DS)(DDR)(D IM)(POR T) (50%)or $715,000.00 Federal Reimbursable (DU)(FRA)(DFT A) ( %) or $ Local Reimbursable (DL) ( %) or $ TOT AL PROJECT COST $10,930,000.00 FINANCIAL PROJECT NO. 41253519401 CONTRACT NO. ANJ94 EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and Miami-Dade County, Aviation Department Opa Locka P.O. Box 0255404 Miami, FL 33102-5504 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 of the 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. If the 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 satisfactory 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 act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency 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 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 altitudes) by removing, lowering, relocating, Joint Participation Agreement (JPA) Exhibit C Page 1 3/13/2009 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 government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airpOli. The vicinity of the airport includes all areas that will be affected by normal 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 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) 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) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity 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 directly 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 shall be entered in the Joint Automated Joint Participation Agreement (JPA) Exhibit C Page 2 3/13/2009 Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept cunent 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 federal 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 temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have anangements 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 tenns 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 pennit 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. Termination 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. 17. 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. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. c. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Joint Participation Agreement (JPA) Exhibit C Page 3 3/13/2009 1. Project Scope: Execute the project in accordance with the approved project nanative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: 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. 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 of the 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 If this 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 conderrmation; 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 of the land interests. b. Securing written penrussion 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.: Joint Participation Agreement (JPA) Exhibit C Page 4 3/13/2009 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 reimbursing the Department within 30 calendar days to achieve normal 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 normal 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 normal 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 government 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 ofland 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. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention 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 project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. Joint Participation Agreement (JPA) Exhibit C Page 5 3/13/2009 2. Design Development Criteria: The plans, specifications, constmction contract documents, and any and all other similar engineering, constmction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: . Federal Aviation Administration Regulations and Advisory Circulars . Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection . Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports . Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook . Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: 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. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With 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 carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government 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 Page 6 3/13/2009