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Item C28County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting January 18, 2017 Agenda Item Number: C.28 Agenda Item Summary #2551 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200 no AGENDA ITEM WORDING: Approval of State of Florida Department of Transportation Joint Participation Agreement Number G0122 in the amount of $250,000.00 to conduct planning studies at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. ITEM BACKGROUND: This grant is to conduct planning studies at the Florida Keys Marathon International Airport (MTH). These efforts include design and construction and other planning study related activities, including, but not limited to, rates and charges, drainage pond, wayfinding signage, obstruction and development analysis, cost estimates, facility conditions assessment and inspection, feasibility and security assessments. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT /AGREEMENT CHANGES: new grant agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: FDOT JPA G0122 FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: December 31, 2021 Total Dollar Value of Contract: $250,000 Total Cost to County: -0- Current Year Portion: Budgeted: yes Source of Funds: FDOT 80 % /MTH Aiport Operating 20% CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 01/18/17 NEW COST CENTER ADDED $250,000.00 REVIEWED BY: Donald DeGraw Completed 12/30/2016 4:31 PM Pedro Mercado Completed 12/30/2016 4:36 PM Budget and Finance Completed 01/03/2017 8:04 AM Maria Slavik Completed 01/03/2017 8:23 AM Kathy Peters Completed 01/03/2017 8:38 AM Board of County Commissioners Completed 01/18/2017 9:00 AM 1 11 11 111 11 E== ZZ "S. 0 725-030-06 PUBLIC TRANSPORTATION OGC - 06/2016 Page I of 17 ww�mm_ �_Ijmnwm (item-segment-phase-sequence) 43928619401 Contract Number: G0122 CFDA Number: Fund: DPTO FLAIR Category: 088719 Function: 215 Object Code: 751000 Federal Number: Or. Code: 55062020629 DUNS Number: Vendor No.: F596000749053 Agency DUNS No. CSFA Number: . 55.004 Marathon Airport CSFA Title: Planning Studies made and entered into this daM an agency of the State of Florida, ("Department"), and Monroe County Airports - Key West International Airport, 3491 South Rooselvelt Blvd, Key West, FL 33040 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before December 31, 2021 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. a[ I,# ule _F L I L �4 e r at fI:eFv fe FfI Y q 1 - 11 fULTv r ef'I - ft f ff I - rd - , - # §J the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florida Statutes, • enter into this Agreement. as follows: ..nd as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth the manner in which the Project will be undertaken and completed. 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 2 of 17 2.40 Submission • Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the Project towards completion. 3.00 Total Project Cost. The total estimated cost of the Project is $250,000.00. This amount is based upon the estimate a-ummarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. 1 1.110 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of $200,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B whichever is less. 4.11 Agency Participation (Non-State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount • $50,000.00 as detailed in Exhibit "B", • in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, El is E is not a recipient of a federal award, as detailed in Exhibit "B." 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 062016 Page 3 J 17 4.30 Front End Funding. Front end funding [] is M is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 1 711111111 111 iiillillillillillill • auz��•� 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs • the Project. the Department shall not be considered eligible costs. 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATM JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 4 of 17 6.40 Checks, Orders, and Vouchers. Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file n the office of the A, royer detail the %,?urgose for which such check or order is drawn, All checks FWxqtK� invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shal'. be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the I T son Is i = W00 I WTI Ire 00 X The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTKFION JOINT PARTICIPATION AGREEMENT 0GC — 0612016 Page 5 of 17 vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall bz retained until the action is complete or the dispute is resolved. 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT CIGC — 06 20:6 Page 6 of 17 Office of Comptroller, IVIS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 KEWF-m- grTler-Tal b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject • the following requirements: H. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 1 11 11 111 11 E== , A 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 0612016 Page 7 of 17 I - lag N it; It Y! I I a till N a SIZ W-114 0 1 IN 11 1 iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department • Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(cDdot.state.fl.us un State • Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt@aud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to bc submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules • the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Vill. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until th.- action is complete or the dispute is resolved. 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 8 of 17 to repair Or repiace any r-raj E t�q te LU amy ducluern Ur the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall or facility. The Department may waive • modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Six Public Transportation Office ' 1000 NW 111 Avenue, 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 6.10 hereoq to justify and support the payment requisitions. wz--mmr 0=11 a M am, ��Mm� - 41MINTS"I ;Ul"s 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing • the Department and that the required minimum level • service to be performed based • the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Travel Expenses. Invoices for any travel expenses • the Agency shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. Thiz- De•artment may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. For real property acquired, submit: a) The date the Agency acquired the real property. b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real pr•r- - - • 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 • any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 9 of 17 W11 191M. I • OF* =*ON M19M - I • lorEFTH =*o I MCI - • - - ! - - a =11- a W.TRIMM[Frem. 1116MI98P • SHMS0121 WIN 1 el l nUL prollueu lul HI me iatest apprufe�pe-ana-u under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for K"11 X I ww"iWGWAI�" 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. 1 0 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 10 of 17 ?.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. ANN& "W" q11 pertaining to the financing and development of the Project. 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 06/20�6 Page I I of 7 H- 0 IRM. 15MINNN711111 small 17me AIIINEX901-61 111 11 Statutes. li1W-111I11n1r:WVJEL"M1Z4 M811MIT4ins slammo=Ewere M111ME-Pry, M-nirsn, UST211 ml- 51, - Memn MV1 We M W-Mine ali; I*-.10 11111MIM-1111M WIN meyr • 11 tc rtwuldi X • I IdIIbPUILdLIUII thereto. 11510WO&I RIM, 14111 am. t�Wz Z - - government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. a) "Material Interest" means direct or indirect ownership • more than 5% • the total assets or capital stock • any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/20�6 Page 12 of 7 Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Agency. c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscW 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. the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. i V41111 1 IT, MTen I - • . • • . Tim �f M775. - V Yrifil NraVYnF? �se J 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 applicablc environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other than the Agency. w 1'" 1 1 1 ; ilia rkyel IL;y L;UI IZSL L L I 5LIJLUU dZ5 d UdITUI UJ U-W_L"t:!PdILInUnf v any ureaun of CuTenant Or any Wait L 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. 12.40 Severability. If any provision • this Agreement is held invalid, the remainder • this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and reouirements of aDDlicable I rz 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, hereunder. 12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and b14 Aw-R4z vAmXAt0 A�tl ivWnxwz�wWt 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 • said facilities • equipment. 12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develo� control systems as required by 49 CFR Part 18, when applicable. 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 13 of 17 c) The plans are consistent with the intent • the Project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope • Services; and d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. specifications to the Department for review and approvals. t 1 11 11 111 11 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPOWK , ATION JOINT PARTICIPATION AGREEMENT OCIC - 06/2016 Page 14 of 17 15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the expiration of this Agreement. i r , 811 P151 -11 11131-5:11M 9 I-Ir IT 113 Fi I] -;11 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. same instrument. 19.00 Restrictions on Lobbying: 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC t;6/2016 Page 15 of 17 If any funds other than federal ly-appropriated funds have been paid by the Agency to any person for influencing or �,ttempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of mnd submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. =Agencj 31 rMe langlage o '10 alfaro aoclunenTS Tor 9PT0 tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. TY.Y176Y3YU.1 e 4ranch or a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: 1 11 11 111 11 E== 725-030-06 PUBLIC TRANSPORTATION PUBLIC TPANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 16 of 17 �TJ I M to] 011 117-Wis 1 11-11111" q Lail Wel E VA or,_I I asi a-, 0 fill I aj I m Pig I I Le I I I U-01 E Pit I ej I Lexygm I iWal I amisi Ill rgsffl��� depositories • to ar�y ag for utility services the rates for which are fixed or controlled by -2 governmental agency. P*11II14 571=111 VAIT 1 0 . I a - I - 1 0 0 0 1 . 0 under this Agreement. 0 - fifim W1 0 641mmim 11 - 1 " W111"11 W 11W111W I Ill I INN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System 1 11 11 111 11 E== "25 -030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 06 201,6 Page 17 of 1 7 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, International Airport AGENCY NAME I GeoKge Lieugen __LMnayor/Chairman TITLE FlT*7'- -Tort,", I Contract #G0122 Contract Type: Method of Procurement: Vendor Name: MONROE COUNTY Vendor ID: VF59600079053 Beginning date of this t: 12/05/16 Ending date of this t: 12/31/21 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OG -CODE *O *OBJECT *AMOUNT *FIN PROJECT *CT *CD (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT I *S *USER ASSIGNED ID *C LI(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: ORIGINAL Funds have been: APPROVED 55 062020629 *9 *751000 * 200000.00 *43928619401 *215 2017 *55100100 *088719/17 0001 *00 * --------------------------------------------- *0001/04 --------------------- - - - - -- FUNDS •• FOR ROBIN M. NAITOVE, WATE: 12/07/2016 1 11 11 111 11 E== j1j0r1'je[ I MIJ E 100 W.'T L 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 Airports 3491 S. Roosevelt Boulevard Key West, FL 33040 I J11IT91 111TOY"ITIT-1wep, I I M, FRI 0-71MITIT"Evre "111 Conduct planning studies to include design and construction and other planning study related activities at the Florida Keys Marathon International Airport. The Agency must submit an invoice to the Department no later than one hundred arE twenty days (120) after the period of service covered by said invoice. Failure to sub invoice in a timely manner may result in non-payment by the Department. I The Agency shall submit two (2) copies of a Single Audit report as required and shown Paragraph 7.60. Failure to provide the required report will result in non-payment by t Department. I Funds encumbered for this contract will be forfeited if not extended by March 3 I' of tim fifth fiscal year following the fiscal year of the encumbrance. Forfeiture of said fun may further results in termination or voidance of the contract. !, IIIIIIIIIIII E== , A C §7FMr'(VN- - 65 1 M actiTe prilge I it an once a je 11 is completed. When a project is completed, the District office will condUct a final site visit prior to processing the final invoice to verify that the work was completed in accordance with the JPA. All site visits shall be docurnented in the District project file. 1 11 11 111 111 E== i 11 � I ZINJE I I I NINIWIUIW�_ 111 I W t1tell I X" N HU oil" py I This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports Key West International Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 0 4 - ESTIMATE PROJECT COST: $250,000.00 ESTIMATED TOTAL PROJECT COST: $250,000.00 I MAIM MINI WIN I [Q 01 Maximum Federal Participation FTA, FAA (%) or "It is the intent of the Department to reimburse the Agency 80% of the total non-federal share of eligiR le project cost up to the Departments maximum participation amount". 1 11 11 111 1111 E== , A & IN !►4 EXHIBIT This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and r !! 3491 S. Roosevelt Boulevard Key West, FL 33040 R'a7 1. Duration: c assurances of the Agreement shall remain in full force and effect throughout - of the facilities developed or r ! ment acquired fo !r development or r compatibility program project, or of project r within a facility under noise compatibility program project, but r exceed 1 from date that the executed. Agreement is Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the be no limit on duration of r _ conditions, and assurances with respect to real property ui •r with state funds. 2. Obligation: Agency shall honor for the duration i e Agency takes any action that is not r of r. become due and payable r r. Department of rr 2. Preserving Rights and Powers: not or permit any action which would o! erate tr r ^! rive it of any of r powers necessary to perform of r and assurances in the Agreement without rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other A . r • and authority t* regulations, ensure that the airport will be operated and maintained according to applicable federal and state laws, 1 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations !r rt (including established minimum flight altitudes) by • lowering, i marking. or lighting or otherwise miti_Nating existinN a*r[,:ort hazards and b - treventin - the establishment or creatif of ! r rt hazard Joint Participation Agreement (JPA) Exhibit C Page 1 II 1 11 11 111 1111 E== , A 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning trdinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of al* local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. ( I ) boumfun and all proposed - a - d - Mi — on - s - Mereto, together wi e bouna — ar — ies - o - f - afl offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (.)I M [011 N11111 I t4 0 IM 11[414 [01 1RW*jW-#"q 1.1111 11 alit) a a ra" 111 1 1 v IVITIF III I III Ing ap 1T I t it pro i nFriguiluj TTIA nut MaKc *1 pul mit anjr criantes Wr ancraulins in any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. I value or higher. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport and which are directly and substantially related to the actual air transportation of passengers or property, *r for environmental or noise mitigation purposes on or off the airport. Joint Participation Agreement (JPA) Exhibit C Page 2 1 11 11 111 1111 E== , A 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation 1&q, VU for airport purposes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any conditio affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is Substantially damaged or destroyed due to an act o God or other condition or circumstance beyond the control of the Agency. ' I 1 010141 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the -,irport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 5r'W­W'zVV Page 3 1 E== 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real i�JTAMMMM Ez"PAW-MMM-El Rift-TAM I F "T1 Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. Page 4 1 11 11 111 11 E== Protect the airport and related airspace by ensuring local government adoption of an airport zoning x,rdinanc- - s-- ordinance consistent with the :oirovisions N-haxter 333, "r r F.S., prior to the com etion of the project. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. WIMA:77-�,t Page 5 1 E== Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection ♦ Approval: Provide and maintain competent technical supervision at the construction site throughout the proiect to assure that the work conforms to the -p—1 an-so d - ons, an schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. Joint Participation Agreement (JPA) Exhibit C Page 6 7CNRT�l I 1 E== MIN I I WAIN NO I Ww". W41111 U V 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 WA laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, cule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. T-WIMWE look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance Four for the details of the requirements. Activities Allowed my� - = 1 11 11 111 1111 E== , A 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) IN-a" -AIIJ U11PUIL 111111LIVITCHICHL anu ianu pircriase MUL MA EMIRINT -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) IIIIIIIIIIII E== , A Ov UK= 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.