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Ratification of Exhibit D 05/18/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 12, 2011 TO: Peter Horton, Director of A irports VIA: April Pearson t/ FROM: Pamela G. Hanc . C. At the May 18, 2011, Board of County Commissioners meeting, the Board granted approval of the following: Item C5 Ratification of Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement Number Four for Contract #ANJ94 (Runway Safety Area Development and Construction) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Item C6 Ratification of Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement Number Seven for Contract #AK043 (Planning Studies) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Item C7 Ratification of Exhibit D to the previously executed Florida Department of Transportation Supplemental Joint Participation Agreement for Contract #AOC81 (New Terminal Construction) at the Key West International Airport, which integrates additional language regarding the Florida Single Act (FSAA) and audit procedures. Enclosed is a copy of each of the above - mentioned for your records. Should you have any questions, please feel free to contact our office. cc: County Attorney via e -mail Finance File ILA Florida Department of Transportation RICK SCOTT 1000 NW I 1 Avenue STEPHANIE C. KOPELOUSOS GOVERNOR Miami, FL 33172 SECRETARY February 4, 2011 Mr. Peter J Horton Airport Director Key West International Airport 3491 South Roosevelt Boulevard Key West, FL 33040 RE: Public Transportation Joint Participation Agreements Dear Mr. Horton: Due to a revision to Florida Statutes effective January 1, 2004 regarding the Florida Single Act (FSAA) and audit procedures, additional language is now required in agreements where the Department is providing or has provided financial assistance to local agencies. This not only applies to new agreements, but existing agreements as well. The new language is intended to address the following areas: 1. Increases FSAA reporting threshold amount from $300,000 to $500,000 2. Provides contact information for the Department's Program Manager who shall be the recipient of the local agency's Financial Reporting Package (FRP). 3. Requires the Department to provide state and /or federal funding resource information. 4. Requires the Department to provide state and /or federal compliance requirements to the local agencies. This additional contract language is to be integrated into existing Public Transportation Joint Participation Agreement as "Exhibit D ". This administrative amendment will affect the following current contracts: FM #: Project Description Contract #: Execution Date: 254269 -1 Planning Study AK043 06 -04 -01 412535 -1 Runway Safety Area ANJ94 06 -08 -04 413677 -1 New Terminal AOC81 06 -27 -06 FLEB - 9 2011 e- "(- o TJi9y ice/! /� 3 �TI www.dot.state. .us t ' Please review these changes and acknowledge their being appended into the contract number(s) noted above and place a copy of the "Exhibit D" into the contract file along with a copy of this acknowledgement and return the original signed (blue ink) acknowledgement to me. Should you have any questions or need additional information, please call me at (305) 470 -5137. Sincerely, f L. Carl Filer, Jr., P.E. Public Transportation Manager Cc: Harold Desdune Gary Donn Dionne Henry John Boone Michelle Meaux Acknowledgement: Exhibit D Pagel of 3 FINANCIAL PROJECT NO.: 41367719401 CONTRACT NO.: AOC81 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 Compliance Requirements 1. 2. 3. STATE RESOURCES State A eg ncv FDOT Compliance Requirements Catalog of Federal Domestic Assistance (Number & Title) Catalog of Federal Domestic Assistance (Number & Title) 55.004 Aviation Development Grants Amount Amount $8,708,580.00 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); Exhibit D Page Z of 3 - 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); - Aviation easements; -Right of way; - Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; - Building for lease; - Industrial part infrastructure and buildings; - General aviation terminals that will be 100 percent leased out; - Industrial park marking programs (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. rs� Exhibit D Page 3 of 3 This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm 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 Aviation Land Acquisition Loan Program. FDOT Aviation Grant Program Handbook and Section 332.007 (6) Florida Statutes) Matching Resources for Federal Programs NOTE: Section .400(d) of OMB 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. FD AS COU Y' Al T:-Ji Nh�>'C /� /l