02/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 3, 2010
TO:
Peter Horton, Director
of Airports
VIA:
Revette Moore, Director
of Operations
FROM:
Isabel C. DeSantis, D. C.
At the February 17, 2010, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Florida Department of Transportation Grant for additional funding for the Runway Safety
Area Project at the Key West International Airport.
Florida Department of Transportation Grant (100%) to enhance security at the Key West
International Airport.
Enclosed are duplicate originals of the above-mentioned executed by Monroe County for
your handling. Please be sure that the sets marked Monroe County Clerk's Office Original and
Monroe County Clerk's Office Finance Department's Copy are returned to this office as
quickly as possible. Should you have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File/
..... County Clerk's omce.Oripad
STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: DPTO FLAIR 088719
42645819401 Function: 637 Object Code: 750004
(item-segment-phase-sequence ) Federal No.: Org. Code: 55062020628
Contract No.: APT62 DUNS No.: Vendor No.: F596000749053
CFDA Number: CSFA Number: 55.004
THIS AGREEMENT, made and entered into this
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day of
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by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Monroe County - Key West International Airport
3491 S. Roosevelt Boulevard, Key West, Florida 33040
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 6/29/2012
and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
332.007 (8)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to upgrade Key West International Airport security to include enhanced lighting, fencing and gate control, install vehicle
constraint devices, strengthen vulnerable areas, improve visibility and replace equipment, to comply 'oYRh the nelfNlecu*
standards set forth by TSA during a vulnerability evaluation. See attached scope with estimated budiit..;;;: == _
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MAR 2 2 2010
By
and as further described in Exhibit(s) A, B, C & D 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
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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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 this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and local law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "e" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 520,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 520,000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total cost shown in Exhibit "B", whichever is less.
4.10 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 adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 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 approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 1000/0 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 0 is @ is not applicable. If applicable, 0 percent of the
Department's total 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.
6.00 Project Budget and Payment Provisions:
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6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years atter final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, 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 of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the 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 records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation or
Public Transportation Office
1000 NW 111 Avenue, Room 6114
Miami, FL 33172
Florida Department of Transportation
Attn: JPA Coordinator
1000 NW 111 Avenue, Room 62028
Miami, FL 33172
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation
Public Transportation Office
1000 NW 111 Avenue, Room 6114
Miami, FL 33172
or
Florida Department of Transportation
Attn: JPA Coordinator
1000 NW 111 Avenue, Room 62028
Miami, FL 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Public Transportation Office
1000 NW 111 Avenue, Room 6114
Miami, FL 33172
or
Florida Department of Transportation
Attn: JPA Coordinator
1000 NW 111 Avenue, Room 6202B
Miami, FL 33172
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation or
Public Transportation Office
1000 NW 111 Avenue, Room 6114
Miami, FL 33172
B. The Auditor General's Office at the following address:
Florida Department of Transportation
Attn: JPA Coordinator
1000 NW 111 Avenue, Room 62028
Miami, FL 33172
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation or
Public Transportation Office
1000 NW 111 Avenue, Room 6114
Miami, FL 33172
Florida Department of Transportation
Attn: JPA Coordinator
1000 NW 111 Avenue, Room 62028
Miami, FL 33172
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable. .
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred
include the Participant's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.65 Insurance: Execution of this 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.
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 Six Public Transportation Office 1000 NW 111 Avenue, Room 6114, Miami , FL,
33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F .S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department 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:
8.21 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 furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have 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;
or
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are 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
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount .from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shaH remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertain ing 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 written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. 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 engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy
12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in 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
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
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 Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
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.
725-030-06
PUBLIC TRANSPORTATION
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13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be 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 of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
725-030-06
PUBLIC 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 of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during 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 described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
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 of the 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
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.
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.
725-030-06
PUBLIC TRANSPORTATION
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Page 12 of 14
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
6/29/2012 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or Designee . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an 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
entering 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 Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
725-030-06
PUBLIC TRANSPORTATION
01/10
Page 13 of 14
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 (voucher) 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 penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of
Financial Services Hotline, 877-693-5236.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F .S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
725-030-06
PUBLIC TRANSPORTATION
01/10
Page 14 of 14
Financial Project No. 42645819401
Contract No. APT62
Agreement Date
.31,2,/z,0(0
I I
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
Monroe County - Key West International Airport
AGENCY NAME
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B';:'. DEPUTY ~LERK
FOOT
See attached Encumbrance Form for date of Funding
Approval by Co e
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DEPARTMENT OF TRANSPORTATION
D6-Director of Transportation Development
TITLE
Henry, Dionne G.
From:
Sent:
To:
Subject:
The job FI989HLR
Monday, January 11,2010 3:18 PM
Henry, Dionne G.
FUNDS APPROVAL/REVIEWED FOR CONTRACT APT62
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #APT62 Contract Type: AG Method of Procurement: G
Vendor Name: MONROE COUNTY
Vendor ID: VFS960007490S3
Beginning date of this Agmt: 01/11/10
Ending date of this Agmt: 06/29/12
Contract Total/Budgetary Ceiling: ct = $520,000.00
************************************************************************
Description:
Security Enhancements
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED IO *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL
Funds have been: APPROVED
55 062020629 *PT
2010
0001
*750004 *
*55100100
*00 *
520000.00 *42645819401
*088719/10
*0001/04
*637
*
------------------------------------------------------------------------
TOTAL AMOUNT:
*$
520,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 01/11/2010
1
SCOPE OF WORK FOR THE $520,000.00 FOOT EYW SECURITY GRANT
In January of 2009, the TSA conducted a vulnerability assessment at the Key West International
Airport. The study was an evaluation of our susceptibility to attack by persons who may wish to
disrupt or disable airport operations.
The report is classified SSI (Sensitive Security Information) and as such cannot be discussed or
quoted from in a public document. However what can be said, without getting into any level of
detail, is that recommendations were made to upgrade and enhance lighting, fencing and gate
control, install vehicle constraint devices, harden vulnerable areas, improve visibility, and
replace equipment to new security standards.
BUDGET FOR THE SECURITY GRANT
The budgets for these projects are estimates and it is envisioned that the entire security
upgrade may require more than one phase with additional funds to be requested next year.
Architectural, Engineering and Construction Inspection
$ 50,000.00
Security Lighting
Fence Enhancements Including Virtual Fencing
$ 70,000.00
$100,000.00
$150, 000.00
$ 25,000.00
$ 15,000.00
$ 15,000.00
$ 30,000.00
$ 25,000.00
$ 40.000.00
$ 520,000.00
Anti-Vehicle Barricades
CCTV Monitoring Station for TSA Office
Replace Doors and Equipment to New Security Standards
Upgrade Vehicle Access Gates with Electronic Card Readers
Replace SIDA Guard Shack with 360 Degree Visibility Booth
Improve Security at Fuel Storage Facilities
Purchase Patrol Vehicles
Total
FINANCIAL PROJECT NO. 42645819401
CONTRACT NO. APT62
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:
Upgrading Key West International Airport security to include enhanced lighting, fencing
and gate control, install vehicle constraint devices, strengthen vulnerable areas, improve
visibility and replace equipment, to comply with the new security standards set forth by
Transportation Security Administration (TSA) during a vulnerability evaluation.
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. 42645819401
CONTRACT NO.
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 - Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
I.
PROJECT COST:
$520,000.00
TOTAL PROJECT COST: $ 520,000.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA ( %) or $
Agency Participation
In-Kind (50%) "$
Cash ( %) $
Other ( %) $
Maximum Department Participation,
Primary
(D S)(DDR) (DIM) (PORT) (100%) or $520,000.00
Federal Reimbursable (DU)(FRA)(DFTA) ( %) or $
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST $520,000.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
OGC - 03/09
FINANCIAL PROJECT NO.: 42645819401
EFFECTIVE DATE: .~I 'zt ~c.-O
I
CONTRACT NO.: APT62
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement)
between the State of Florida, Department of Transportation (Department) and the airport sponsor,
whether county or municipal government body or special district, such as an Airport Authority (herein,
collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their
commitment and compliance with specific provisions of Exhibit A, "Project Description and
responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public investment in public-
use airports and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful
life of a facility developed; equipment acquired; or project items installed within a facility for an airport
development or noise compatibility program project, but shall not exceed 20 years from the effective date
of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding
Exclusive Rights and Airport Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to
real property acquired with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this
project under the terms of this Agreement, until such time as the Department may determine that the
Agency has failed to comp~y with the terms of the Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the
Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the
specifics of the noncompliance and any corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's
continued financial commitment to this project and immediately require the Agency to repay the
Department the full amount of funds expended by the Department on this project.
10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the
Agency's eligibility for further state funding of airport projects by the Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its
authority, with all applicable, current laws and rules of the State of Florida and local government, as well
as Department policies, guidelines, and requirements, including but not limited to the following:
a. Florida Statutes (F .5.)
· Chapter 163, F.S., Local Government Comprehensive Planning and Land Development
· Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
· Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
· Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
· Chapter 332, F .S., Airports and Other Air Navigation Facilities
· Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
· Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance
· Chapter 14-60, F AC, Airport Licensing, Registration, and Airspace Protection
· Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports
· Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
OGe - 03/09
c. Local Government Requirements
· Airport Zoning Ordinance
· Local Comprehensive Plan
d. Department Requirements
· Eight Steps to Building a New Airport
· Florida Airport Financial Resource Guide
· Florida Aviation Project Handbook
· Guidebook for Airport Master Planning
· Guidelines for Plan Development
2. Construction Certification: The Agency hereby certifies, with respect to a construction-related
project, that all design plans and specifications will comply with applicable federal, state, k>cal, and
professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and
FAA issued waivers thereto, including but not limited to the following:
a. Federal Requirements
· FAA AC 70/7460-1, Obstruction Marking and Lighting
· FAA AC 150/5300-13, Airport Design
b. Local Government Requirements
· Local Building Codes
· Local Zoning Codes
c. Department Requirements
· Manual of Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways (Commonly Referred to as the i'Florida Green Book")
· Manual on Uniform Traffic Control Devices
· Section 14-60.007, Florida Administrative Code, uAirfield Standards for Licensed
Airports"
· Standard Specifications for Construction of General Aviation Airports
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will
comply with applicable federal and state policies, regulations, and laws, including but not limited to the
following:
a. Federal Requirements
· Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
· National Environmental Policy of 1969
· FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for
Airport Projects
· FAA Order 51 00.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
· Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
· Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
· Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the
legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the airport sponsor's governing body
authorizing this Agreement, including assurances contained therein, and directing and authorizing the
person identified as the official representative of the governing body to act on its behalf with respect to
this Agreement and to provide any additional information as may be required.
2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has
sufficient funds available for that portion of the project costs which are not paid by the U.S. Government
or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of
items funded by this project, which it will control; and that authority has been granted by the airport
sponsor governing body to commit those funds to this project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following responsibilities:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
OGC - 03/09
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the financial
transactions related to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in
accordance with Generally Accepted Accounting Principles and in an accounting system that will
facilitate an effective audit in accordance with the Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport upon
reasonable notice.
2. Good Title
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or
gives assurance, satisfactory to the Department, that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the
Agency holds good title, satisfactory to the Department, to that portion of the property upon which
state funds will be expended, or gives assurance, satisfactory to the Department, that good title
will be obtained.
3. Preserving Rights and Powers
a. The Agency will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms and assurances of this Agreement
without the written approval of the Department. Further, it will act promptly to acquire, extinguish,
or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of
others which would interfere with such performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity or person
other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and
authority to ensure that the airport will be operated and maintained in accordance with the terms
and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will clear and protect
terminal airspace required for instrument and visual operations at the airport (including
established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency witl work in
conjunction with the governing public authority or private land owner of the property to clear and
protect terminal airspace required for instrument and visual operations at the airport (including
established minimum flight altitudes) by removing, lowering, rek>cating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards. The Agency may enter into an agreement with surrounding property
owners or pursue available legal remedies to remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with
Section 333.03, F.S., "Airport Zoning", or if not in place, that it witl take appropriate action
necessary to ensure local government adoption of an airport zoning ordinance or interlocal
agreement with another local government body having an airport zoning ordinance, consistent
with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of
objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the
current or future levels of airport operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use
development regulations that would adversely affect the current or future levels of airport
operations by creation or expansion of airport incompatible land use areas.
6. Consistency with Local Government Plans
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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a. The Agency assures the project is consistent with the currently existing and planned future
land use development plans approved by the local government having jurisdictional responsibility
for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and
has had reasonable consultation with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the
current, approved Airport Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this Agreement,
is consistent with the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this Agreement,
is consistent with the current, approved Airport Layout Plan (ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the Agency for airport purposes and
proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and structures
(such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all
proposed extensions and reductions of existing airport facilities; and
(3) The location of all existing and proposed non-aviation areas on airport property and of
all existing improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or
any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan,
as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or
modification thereof, shall be subject to the approvat of the Department.
8. Airport Financial Plan
a. The Agency assures that it wifl develop and maintain a cost-feasible financial plan to
accomplish the projects necessary to achieve the proposed airport improvements identified in the
Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto.
(1 ) The financial plan shaff be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of
state and local funding and likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are
inconsistent with the local government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current
in the Joint Automated Capital Improvement Program (JACIP) online website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport wilt be expended for capital improvement or
operating costs of the airport; the local airport system; or other local facilities which are owned or
operated by the owner or operator of the airport and which are directly and substantially related to the air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at
the airport that will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport.
b. If this Agreement results in a facifity that will be leased or otherwise produce revenue, the
Agency assures that the price charged for that facility will be based on the fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed
a period of 30 years.
11. Public-Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant
or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
OGe - 03/09
constructed on airport property for aircraft storage or tenant use at the expense of the aircraft
owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the
facility a lease that is subject to such terms and conditions on the facility as the airport owner or
operator may impose, subject to approval by the Department.
b. Duration of the terms or conditions in Section D11 a shall not exceed a period of 30 years.
12. Economic Nondiscrimination
a. The Agency assures that it will make the airport available as an airport for public use on
reasonable terms without unjust discrimination to aft types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the public.
(1) The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe and
efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of
the airport if such action is necessary for the safe operation of the airport or necessary to
serve the civil aviation needs of the public.
b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the
same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making
the same or similar uses of such airport and utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location
that the project will be located, designed, constructed, and operated so as to comply with applicable air
and water quality standards.
14. Operations and Maintenance
a. The Agency assures that the airport and all facilities, which are necessary to serve the
aeronautical users of the airport, shall be operated at aft times in a safe and serviceable conditron
and in accordance with the minimum standards as may be required or prescribed by applicable
federal and state agencies for maintenance and operation, as well as minimum standards
established by the Department for State of Florida licensing as a public use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen of
any condition affecting aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when adverse weather conditions interfere with safe
airport operations.
15. Federal Funding Eligibility
a. The Agency assures it wilt take appropriate actions to maintain federal funding eligibility for the
airport and it will avoid any action that renders the airport ineligible for federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state
funding of airport projects.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to
this airport project within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval
by the Department District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension
may allow the Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person
providing, or intending to provide, aeronautical services to the public.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public access that
opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area
used for emergency equipment, fuel, supplies, passengers, mail and freight, radar,
communications, utilities, and landing systems, including but not limited to flight operations,
ground services, emergency services, terminal facilities, maintenance, repair, or storage, except
for those normal airport providers responsible for standard airport daily services or during special
events at the airport open to the public with limited and controlled access.
b. The Agency assures that it will not grant or allow general easement or public access to any
portion of the airfield from adjacent real property which is not owned, operated, or otherwise
controlled by the Agency without prior Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other
interests in the real property shown as airport owned or controlled on the current airport layout plan
without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or
otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or
navigation easements on any property, airport or non airport, without prior written approval by the
Department. These assurances shall not limit the Agency's right to lease airport property for airport-
compatible purposes.
20. Consultant, Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of consultants,
contractors, and subcontractors for all or any part of this project if the specific consultants,
contractors, or subcontractors have a record of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost
of professional services.
21. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the
approved scope of services.
c. Make such material available for public review, unless exempt from public disclosure.
(1) Information related to airport security is considered restricted information and is
exempt from public dissemination per Sections 119.071 (3) and 331.22 Florida Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the United
States or any other country. .
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use
any of the material prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any
updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will
identify reasonable future growth of the airport and the Agency will comply with the Department
airport master planning guidebook, including:
(1) Provide copies, in electronic and editable format, of final project materials to the
Department, including computer-aided drafting (CAD) files of the Airport Layout Plan.
(2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the
projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and
any updates thereto. The cost-feasible financial plan shall realistically assess project
phasing considering availabifity of state and local funding and federal funding under the
FAA's priority system.
(3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital
Improvement Program (JACIP).
f. The Agency understands and agrees that Department approval of this project Agreement or
any planning material developed as part of this Agreement does not constitute or imply any
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
OGG - 03/09
assurance or commitment on the part of the Department to approve any pending or future
application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if
required, FAA approval prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5-day requirement for the approval and inspection of goods
and services to allow for adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
If this project involves the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(2) Secure written Department approval to execute each agreement for the purchase of
real property with any third party.
(3) Ensure a qualified, State certified general appraiser provides all necessary services
and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow
projection within 20 calendar days after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land
purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the
following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the land
purchase within 60 days of executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the
Department, in writing, within 14 calendar days of receiving the federal funds and is
responsible for reimbursing the Department within 30 calendar days to achieve normal
project federal, state, and local funding shares per Chapter 332, Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the
Department within 30 calendar days after the reimbursable funds are to achieve normal
project state and local funding shares as described in Chapter 332, Florida Statutes.
(4) If federal funds are not received for the land purchase and the state share of the
purchase is less than or equal to normal state and local funding shares per Chapter 332,
F.S., when reimbursable funds are due, no reimbursement to the Department shall be
required.
d. New Airport: If this project involves the purchase of real property for the development of a new
airport, the Agency assures that it will:
(1) Apply for federal and state funding to construct a paved runway, associated aircraft
parking apron, and connecting taxiway within one year of the date of land purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in
accordance with the terms and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land: For disposal of real property purchased in accordance with the terms and
assurances of this Agreement, the Agency assures that it will comply with the following:
(1) For land purchased for airport development or noise compatibility purposes, the
Agency will, when the land is no longer needed for such purposes, dispose of such land
at fair market value and/or make available to the Department an amount equal to the
state's proportionate share of its fair market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise
buffer.
(b) Revenue from uses of such land contributes to airport financial self-
sufficiency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
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(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or
reservation of any interest or right therein needed to ensure such land will only be used
for purposes compatible with noise levels related to airport operations.
(4) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the
proceeds of the sale of any airport-owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the
Department financing of the acquisition of the real property multiplied against the
sale amount, and shall be remitted to the Department within ninety (gO) days of
closing of sale.
(c) Sale of real property acquired with Department funds shall be at fair market
value as determined by appraisal, and the contract for sale must be approved in
advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and local
laws, rules, regulations, and policies.
(2) All design plans and specifications comply with federal, state, and professional
standards and applicable FAA advisory circulars, as well as the minimum standards
established by the Department for State of Florida licensing as a public-use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with
certification of that fact by the project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any
and all other engineering, construction, and contractual documents produced by the Engineer,
which are hereinafter collectively referred to as "plans", the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design
principles, and with generally accepted professional standards.
(2) The plans shall be consistent with the intent of the project as defined in Exhibit A and
Exhibit 8 of this Agreement.
(3) The project Engineer shall perform a review of the certification requirements listed in
Section 82 above and make a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning
and permitting requirements, public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that:
(1) The Agency will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans,
specifications, and schedules approved by the Department for the project.
(2) The Agency assures that it will allow the Department to inspect the work and that it
will provide any cost and progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary, as
required by the Department, for work which does not conform to Department standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project involving
replacement or reconstruction of runway or taxiway pavement it has implemented an airport
pavement maintenance management program and that it will use such program for the useful life
of any pavement constructed, reconstructed, or repaired with state financial assistance at the
airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. Government Agreements: For all noise compatibility projects that are carried out by another
unit of local government or are on property owned by a unit of local government other than the
Agency, the Agency shall enter into an agreement with that government body.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
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(1) The local agreement, satisfactory to the Department, shall obligate the unit of local
government to the same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is
substantial noncompliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude
future actions against the airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is
substantial non-compliance with the terms of the agreement.
25. Airport Operations Vehicles. Airport Operations Vehicles may be painted in colors designated by
the airport operator. The characteristics must be coordinated with the respective Airport Traffic Control
Tower and identified in the tower letter of agreement.
a. Airport Security Vehicles. Comply with specific state or local requirements.
26. VEHICLE LIGHTING
a. The standard for identification lighting for vehicles routinely operating in the AOA Movement
Area is a yellow flashing light that is mounted on the uppermost part of the vehicle structure. A
steady yellow light designates vehicles limited to non-movement areas.
b. The light must be visible from any direction, day and night, including from the air.
27. Vehicle Useful Life Standards: The Agency assures that: The vehicle(s) will be supplied by original
equipment manufacturer. The vehicle(s) shall not be structurally modified by aftermarket manufacturers.
The vehicle(s) shall be classified as having a minimum useful life of four (4) years and/or 100,000 miles.
28. The agency shall provide an annual certification of use. The certification attests to the continued use
of vehicle for the project for which the grant was approved, that the agency will maintain insurance on the
vehicles and list the Department as certificate holder, that the agency is maintaining its contribution to
operate and maintain the vehicles in safe and good working condition and it is continuing its membership
in the local coordinated transportation system, as a condition of receiving grant funding.
29. FOOT INVENTORY CONTROL NUMBER: A number assigned by FDOT once the vehicle has been
purchased, received and titled to the subrecipient with the Department of Transportation as the first lien
holder.
30. MAINTENANCE MANAGEMENT
a. Prescribed inspection schedules, published by the equipment manufacturer(s), shall be
adhered to and appropriately documented to protect the equipment warranties and to comply with
the requirements of the grantor agency.
b. In addition, maintenance management procedures have been developed which cover the
maintenance requirements for equipment commonly purchased under the funding programs
covered herein. These maintenance management procedures are documented in the
Department's
c. Preventative maintenance inspection checklists, work (or repair) orders which adequately
record labor actions, parts replaced, consumables added and any sub-contracted repairs are
considered essential records for documentation.
31. Vehicle Identification and & Inventory Requirements
a. The requirement for affixing the FDOT control number on the vehicle(s) may be incorporated
into the bid document to have the contractor affix the assigned number on the vehicle prior to
delivery. If not, it will be the responsibility of the agency, to assure compliance with this
requirement immediately after delivery and acceptance.
b. The control number is a primary reference source for the Department's inventory control
system.
c. Control numbers shall measure no less than one (1) inch vertically. They shall be black in color
and may be either painted or "decal type". They shall be affixed to the rear of the vehicle(s),
above the license plate, and on vehicles purchased with 50% or more Departmental funds
subsequent to the effective date of this procedure.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
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d. Vehicle Inventory Data and Record of Biennial Inspection in its entirety and forward a copy
of the completed form to the Florida Department of Transportation, Public Transportation Office,
District Six, Aviation Administrator, 1000 NW 111 Avenue, Miami, FL 33172 within fifteen (15)
days of receipt of the reimbursement request.
32. Vehicle Disposal
a. The useful life specified herein in Vehicle Useful Life Standards, in the Definitions Section,
shall be used as the basis for determining the minimum disposal criteria unless there are
extenuating circumstances which justify premature disposal actions. (For example: major
accidenUincident resulting in total loss ).
b. When a vehicle has been determined to have reached the end of its useful life per this
procedure and it is determined by the local grantee that the vehicle is no longer serviceable or is
becoming highly expensive to repair, the local grantee shall submit a letter to the District manager
requesting disposal of the vehicle. Upon approval of the local grantee's request, the District
manager shall submit a letter to the Central Office requesting release of lien. As appropriate, the
title certificate with release of lien shall be forwarded to the District manager for recording and
completion of the disposition.
c. If a vehicle has reached both age and the minimum mileage, the lien will be released without
question. If one of the minimum requirements has not been reached, the District may require
additional documentation. It is at the discretion of the District staff to request release of the lien
on any vehicle that has not satisfied either minimum requirement.
d. The following conditions shall be adhered to in the disposal of the equipment wherein release
of lien has not occurred due to the vehicle reaching both the age and/or the minimum mileage
requirements.
1. Gross proceeds of sale $5,000.00, or per unit of equipment shall be used for capital
replacement for the program or projects under which the equipment was originally
acquired.
2. Gross proceeds of sale less than $5,000.00, per unit of equipment shall be retained by
the owner agency, and the Department shall have no further interest in the equipment or
proceeds.
e. Requests by agencies for disposal of equipment prior to the prescribed end of useful life, either
age or mileage of the vehicle, must be fully justified. Vehicles covered in the request should be
inspected to determine serviceability. Requests for early disposition may reflect inadequate or
improper maintenance management practices, and may be grounds for disqualification from
eligibility for future capital replacement funds, as determined by the District Public Transportation
Manager. Agencies involved in inadequate or improper maintenance may also be classified "high
risk". Examples of acceptable premature release of vehicles by an agency include low usage, or
surplus units due to loss of contracts for services.
f. Disposition of the vehicle(s) shall be documented by the District manager.
33. Periodic Reports and Inspections
A biennial physical inventory of vehicles is required. These inventories/inspections shall be
accomplished and documented by the responsible District manager(s). These inspections shall be
conducted, completed and reported no later than March 1 of each even year. In addition, the District
Office shall provide the agency with written documentation of the findings resulting from the
aforementioned inspection.
34. Other Requirements
a. Local grantees are required to provide proof of insurance, either purchased through an
insurance company or be self insured, for the vehicles. The Department shall be named as
"certificate holder" on the insurance policy throughout the time period the Department is the only
lien holder. The intent is not for the Department to be insured under the grantees policy, but
rather to have the Department notified by the insurance company of any insurance claims, break
in coverage, or other issues affecting insurance coverage. The local grantees shall be required to
submit proof of insurance showing minimum coverage and the Department listed as "certificate
holder" .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725-040-15
AVIATION
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b. Any accidents involving vehicles covered under these procedures shall be reported to the
District office.
FINANCIAL PROJECT NO.: 42645819401
CONTRACT NO.: APT62
Exhibit D
AUDIT
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If
the resources awarded to the recipient represent more than one Federal or State program, provide the same
information for each program and the total resources awarded. Compliance Requirements applicable to each
Federal or State program should also be listed below. If the resources awarded to the recipient represent more than
one program, list applicable compliance requirements for each program in the same manner as shown here:
· (e.g., Eligibility requirements for recipients of the resources)
· (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific
laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law,
rule, or regulation referred to.
FEDERAL RESOURCES
Federal Agency
Catalog of Federal Domestic Assistance (Number & Title)
Amount
Compliance Reauirements
1.
2.
3.
STATE RESOURCES
State Agency
Catalog of Federal Domestic Assistance (Number & Title)
Amount
FDOT
55.004 Aviation Development Grants
$520,000.00
Compliance Requirements
1. In developing audit procedures to test compliance with the requirements for a state project, the auditor should first
look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance
requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and
Four for the details of the requirements.
Activities Allowed
Airport Planning
Airport planning Grants are to study options for airport development and operations. The Development funds airport
master plans, airport layout plan (ALP), noise and environmental studies, economical impact, services development,
and airport promotion. Examples of projects are:
-Master plans and ALPs;
-Master drainage plans;
-Environmental assessments (EA);
-Development of regional impact (DRI);
-Operations and emergency response plans;
-Federal Aviation Regulations (FAR) Part 150 noise studies;
-Environmental impact study (EIS)
- Wildlife hazard studies;
-Feasibility and site selection studies;
-Business plans;
-Airport management studies and training:
-Air services studies and related promotional materials.
(FDOT Aviation Grant Program Handbook)
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects are
-Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance
hangers, lighting, control towers, instrument approach aids, automatic weather observation stations);
-Land-side capital improvement project (terminal building, parking lots and structures, road and other
access projects);
-Presentation projects (overlays, crack sealing, marking, painting bUildings, roofing buildings and other
approved projects);
-Safety equipment (including AARF firefighting equipment and lighted Xs);
-Safety projects (trees clearing, land contouring on overrun areas, and removing, lowering, moving and
marking, lighting hazards);
-Information technology equipment (used to inventory and plan airport facility needs);
-Drainage improvement.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway
approach areas from encroachment. Administrative Cost, appraisals, legal fees, surveys, closing costs and
preliminary engineering fees are eligible cost. In the event the negotiation for a fair market value is unsuccessful, the
court will be petitioned for "an Order of Taking' under the eminent domain laws of Florida. Examples of projects
are:
-Land acquisition (for land in an approved master plan or ALP);
-Mitigation land (on or off airport);
-A viation easements;
-Right of way;
-Approach clear zones.
(FDOT Aviation Grant program Handbook)
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
-Any airport improvement and land purchase that will enhance economic impact;
-Building for lease;
-Industrial part infrastructure and buildings;
-General aviation terminals that will be 100 percent leased out;
-Industrial park marking programs
(FDOT Aviation Grant Program Handbook)
A viation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be
found in the A viation Grant Program manual which can be accessed through the internet at
WWW.dot.state.fl.us/Aviation/Public.htm
Matching
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project cost. (FDOT Aviation
Grant Program Handbook and Section 332.007 (6) Florida Statutes)
General Aviation Airports
When no federal funding is available, the Department provides up to 80 percent of the project cost. FDOT Aviation
Grant Program Handbook and Section 332.007 (6) Florida Statutes)
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-
producing capital improvements. This program is for local match only. FDOT Aviation Grant Program Handbook
and Section 332.007 (6) Florida Statutes)
Airport Loans
The Department provides a 75 percent loan program to fund the A vi a tion Land Acquisition Loan Program. FDOT
Aviation Grant Program Handbook and Section 332.007 (6) Florida Statutes)
Matcrnn!! Resources for Federal Proerams
NOTE: Section .400(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included in this exhibit be provided to the
recipient.