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Item C29County 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 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting January 18, 2017 Agenda Item Number: C.29 Agenda Item Summary #2552 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 G0I56 in the amount of $650,000.00 to reconstruct Taxiway A and the stub taxiways to and from Runway 9 -27 and the Commercial Apron at the Key West International Airport, to be funded 50% FDOT and 50% Key West Airport operating funds. ITEM BACKGROUND: This grant is to reconstruct Taxiway A and the stub taxiways to and from Runway 9 -27 and the Commercial Apron at the Key West International Airport. The project will also bring the taxiway geometries into conformance with the latest Advisory Circulars taking into account the new taxiway design groups along with addressing any "hot spots." PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT /AGREEMENT CHANGES: new grant agreement STAFF RECOMMENDATION: DOCUMENTATION: G0I56 FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: December 31, 2021 Total Dollar Value of Contract: $650,000.00 Total Cost to County: n/a Current Year Portion: Budgeted: yes Source of Funds: 50% FDOT /50% EYW Airport Operating 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 $650,000.00 REVIEWED BY: Donald DeGraw Completed 12/30/2016 4:32 PM Pedro Mercado Completed 12/30/2016 4:36 PM Budget and Finance Completed 01/03/2017 8:21 AM Maria Slavik Completed 01/03/2017 9:17 AM Kathy Peters Completed 01/03/2017 9:23 AM Board of County Commissioners Completed 01/18/2017 9:00 AM HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION OGC - 06/2016 Page I of 17 Financial Project Number(s). (item - segment - phase - sequence) Fund: DPTO/DDR FLAIR Category: 088719 43867419401 Function: 215 Object Code: 751000 Federal Number: Or. Code: 55062020629 Contract Number: G0156 DUNS Number: Vendor No.: F596000749053 CFDA Number: Agency DUNS No. CSFA Number: 55.004 Key West Intl Airport Taxiway Rehab and CSFA Title: Lighting Construction THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day of an agency of the State of Florida, ("Department"), and Monroe County Airports - Key West International Airport, 3491 South Rooselvelt Blvd, Key West, FIL 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. krWTJ1"1*&*i*r0 the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration • the mutual covenants, promises and representations herein, the parties agre�i as follows: U T.TrA"7P77ITM is projec T e 111 L the taxiway geometries into conformance with the latest Advisory Circulars taken into account the new taxiway design groups along with addressing any "hot spots". i I NJ MIA LIN U-10 HL, I I L- E VIAMmd W LVI I R 9 E 4 1 L ii a DIM IIII HERIMMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 2 of 17 FIR 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or W11I, sm, imIT-7-1 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached 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. C.00 Total Project Cost. The total estimated cost of the Project is $650,000.00. This amount is based upon the estimate iummarized 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. U I 'W I •. • 14MLqm percentayeks) of fulpil u-n-S i as •-; -• in ExnIon "b", • in an amOu e - qu @ rIUJr2L;L In ule aillullit M to ne 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 • $325,000.00 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, Ej is [E is not a recipient of a federal award, as detailed ir. Exhibit HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Pag 3 of 17 1 ,'.30 Front End Funding. Front end funding [:1 is M is not applicable. If applicable, the Department may initially pay '4VA 2X',#4T A24�A2X'w paragraph 4.1 Mz��� S.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. the Department shall not be considered eligible costs. HERRMEEMEMM 723-03046 PUBLIC TRANSPORTATION PUBLIC 'TRANSPORTAMN JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 4 of 17 6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed b or others shall be s erlo executed ia�yzol Is. time records, invoices contracts or vouchers evidencing in proper detail the nature and propriety • the charges. invoices, contracts, vouchers, orders, • 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 locuments. 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 01 ffz I IYAOJ I 117A dm t� I (zX91 I I I I 1 9; We I Mr-1 01MV1 I [all a Irz] @If] I I I Ole 0 pis I .t,) The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as subrecipient of a Federal award awarded by the Department through this Agreement is subject to t j following requirements: HERRMEEMEMM PUBLIC TRANSPORTATION 72 PUBL5-030-06 IC PORTA JOINT PARTICIPATION AGREEMENT TRANS — 06I . ION ?2016 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 • litigation shall be retained until the action is complete or the dispute is resolved. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 6 of 17 Office of Comptroller, IVIS 24 605 Suwannee Street ON ", lorida 32399- b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of sta- financial assistance awarded by the Department through this Agreement is subject to the followi requirements: i 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 WW WWWWW 'TI - 56# - V =cgovernmenfal UlWTeTFUf'T"CV17Mb anu tur-prum of the Auditor General. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 7 of 7 iv. In accordance with Chapters 10.550 (local governmental entities) • 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: 1 •. Office • Comptroller, MS 24 605 Suwannee Str-- • r. 32399-0405 FDOTSingleAuditO,dot.state.fl.us F-ITIns State • Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(LDaud.state.fl.us V. Any copies • financial reporting packages, reports • other information required to • submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) • 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) • 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, • its designee, DFS • 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 the action is complete or the dispute is resolved. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Pag 8 of 17 V1Fh!F,CcflT #Fr Fe d[II rFUJULA C1 UI I L e efurn WOO UTM2111dyu DIU to any acclaent or casIdIL]'100 the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall 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 hereof) to justify and support the payment requisitions. 11 a IN 11 A Kai a-y-I IN WaLOWIZZA 01-71 IM I I IV-is 114-MR1111199T171 rIffM- Mot X IMIM. established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager Zr9Tdr9T§T_W171__T1M 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received an accepted in writing by the Department and that the required minimum level of service to be performed based on thcz criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. M too 0. 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 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. T-Tf��Jfl �� - - ler proirislons MIS - , ILT TTIA nonor reqtesT. for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of t Agreement, the Department may elect by notice in writing not to make a payment if: I HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 9 of 17 Incer a contra r arrangements Irnicri na 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 TV TOWTUM:117HYSI any pluAL; LuaTmpuTLaiTurrjmTtqxanTupati dyluturm"UTWIVIT LFIC ^YUHL;J--nUWa 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. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 10 of 17 1 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. ITIKITIbr-rig M.M. 1123♦= ine lepartment cnooses to eview an ap rove I ine Ager �qw approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). The !- 11 1 V mill' Maw-e-1 OIL I— of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 11 01 17 2169itzKoislarzy "S Statutes. 11.20 Title VI - Civil Rights Act of 196• . Execution • this 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 pursuanl thereto. 11.30 Title Vill - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which 2rnong other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and 2ge. government issued thereunder, and the assurance • 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, • proprietor or in which such officer, director • employee • the officer's, director's or employee's spouse or child, • any combination • them, has a material interest. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included • planned to be included in the Project, with any person or entity who was represented before the HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 12 of 17 Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee • the Agency. c) 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. it V - 9917TtM779 • • — . 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. n - i 199TaM11ff1MWWP- HHUP99-MM97TH1119 parimenT T loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any F�arty other than the Agency. 5 1 , �1.1 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. W awee� W n tur ine pirps VCfflfI1 rs I wrd I '&I IL5 d 1111 trie Ariammig hereunder. 12.60 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: WO .W19 1 W1 il IN ii Al r)riviiions of 1ho A reement violate an a licable State law i the A A enc will at once notif Agency to the end that the Agency may proceed as soon as possible with the Project. 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 thz- useful life • said facilities • equipment. 12.71 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. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 13 OW c) The plans are consistent with the intent of 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. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. I IN ro I IVLS LZ-1 IV ro 1 tZ�n I I I LRE 62 1 am 1 a LZZ" HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLKC TRANSPORTA710N JOINT PARTICIPATION AGREEMENT OGC — 061,2016 Page "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 • 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. li &* I T , M oil r • - 8 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the expiration ■ this Agreement. 17.00 Agreement Format. All words used in this Agreement 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 tit and include all genders. 1 lie • •. I same instrument. i1T111.=M M-mr. HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 06 2016 Page 15 of 17 The Agency shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch 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 DIFS. 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 • 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, tht Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontrac) entered into pursuant to this Agreement: HERRMEEMEMM 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 0612016 Page 16 of 17 I lie 01 1 26 to] 0 4 1 r-K*141 a I'll I a I M I [a] Mai E VA W I I Kai lr_ 011111811 Lem 21111 Le I I I &* KOJ M 6111 • I RX I AM I N; KOM I I I V I" WA I I 10 1 L-JW- LV-7-7-4 11 5 . V X IAT ". "T I- -- - loft depositories • to any agreement for utility services the rates for which are fixed • controlled • governmental agency. of lie • of M- a- 66 0- ed 0 oil$ 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the A constru under this Agreement. MAN 0"I ll will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). HERRMEEMEMM 72.5-030-06 PUBLIC TRANSPORTATION PUBLIC RANSPoPT JOINT PARTICIPATION AGREEMENT T OG(' 0 ATION 6 2016 Piqq 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, F—AT91 : I ki International Air oi�rt � cy m � L— � AGENCY NAME George Neugent SIGNATORY (PRINTED OR TYPED) Mayor/Chairman TITLE DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development 1 all ale I I 11OW1141 q fqjyj�j EVAM01 - Ille a Contract #GOI56 Contract e: Method of Procurement: Vendor Name: MONROE COUNTY Vendor I: V59600079053 Beginning date of this t: 12/15/16 Ending date of this t: 12/31/21 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OG -CODE *O *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SE. *USER ASSIGNED I *EC LINE(6S)/STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: ORIGINAL Funds have been: APPROVED 55 062020629 *9 *751000 * 325000.00 *43867419401 *215 2017 *55100100 *088719/17 0001 *00 * ------------------------------------------------------------------ *0001/04 - - - - -- TOTAL • 00•• ------------------------------------------------------------------------ FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 12/16/2016 HERRMEEMEMM 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 To reconstruct Taxiway A and the stub taxiways to and from Runway 9-27 and tim commercial apron. This project will also bring the taxiway geometries into conformanR with the latest Advisory Circulars taken into account the new taxiway design grou along with addressing any "hot spots". I The Agency must submit an invoice to the Department no later than one hundred arEs 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. ni The Agency shall submit two (2) copies of a Single Audit report as required and shown in Paragraph 7.60. Failure to provide the required report will result in non-payment by the Department. Funds encumbered for this contract will be forfeited if not extended by March 3 I' of tim HERRMEEMEMM HERRMEEMEMM 1 11 141 N 0 1 � I � III[ P 6 1 1 1 E0 I I EXHIBIT B rk(IA bi ff i0i 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 ESTIMATE PROJECT COST: $650, 1�M 1t f! �1 11� 1 Maximurn Federal Participation FTA, FAA or ESTIMATED TOTAL PROJECT COST $650,000.00 "It is the intent of the Department to reimburse the Agency 50% of the total non-federal share of eligible project cost up to the Departments maximum participation amount". ' i ■ HERRMEEMEMM EXHIBIT C This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County International Key West }, 3491 S. Roosevelt Boulevard Key West, FL 33040 l ICTI MI 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of th(; terms, conditions, and assurances with respect to real property acquired with state funds. 2. O bligation: • # # duration of + Age # # nsistent with these assurances the full amount of / beco due and payable to the Florida Department of Transportation. B. General sur c s The Agency hereby assures that: F1 0 + . + 1 a. It will n ot or permit any action •' • o to deprive it of of p necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. ensure that the airport will be operated and maintained according to applicable federal and state laws, re gulations , and 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, markin_st or li�4btinz, or otherwise rmmi—i'lating existing airyort hazards and-bWreventing the establishment or creation of future airport hazards. HERRMEEMEMM i. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning Prdinances 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 all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted vmw. 6ereto. 111114MOOPOLO . - MW I I I MM7= �r� vffsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; TM 0,11 Na runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 6-ereo-F. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the any of its facties 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. WOLVIM171lu I rom — - 9QWVrH*WW. la which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a iduc �-. revenue, the A'4enco assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. NOMA Page 2 ARMS M10 ' i ■ " i T, air 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the be operated at all times in a safe and serviceable co an in acc orda nce r RR' i aW 1 r 2encies for and oDeratio 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 condition affecting aer of rr t Nothing contained herein shall b c onstrued to require that the air port R ope for ♦ during temporary peri rrr, or oth c onditio ns such operation r maintenance Further nothing be r a as requiring the maintenance rep c ommercial God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including r offering services to the p ♦ 12. Exclusive " perm ♦ exclusive right for of R• person providing o Fe deral intending to provide, aeronautical services to the public. 1.. r - appro • to maintain fe deral r:..... ing eligir fo air port. ♦ r any action ren th a i r port r ♦ r fe deral fun d ing. Terminati of r or obligati pertaining t this Ag reement 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 a pproval author 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 6. C onsultant, C ontractor, R 1' and Cost Approval: 1 -• d t Aieng's emilowent of siecific consultants, contractors, and subcontractors for all or an� wrt of this ;roject if th; e Agency, assures that it will grant the Deyartment the right t d'saMrove the vrovosed prQ;?.ct scQoe and c ost o pro 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities or 1 f or emergency equipment rr 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. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, AndAirspace Protectio Page 3 alkK��IIIII HERRMEEMEMM 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any x"71 i6qO#'-X'6f 73 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: ROMMOMMMITIMIS MMMI HE M MOM = HERRMEEMEMM ,?. Protect the airport and related airspace by ensuring local government adoption of an airport zoning trdinance or amendiniti an exis-l' — . . , . r_iN ordinance - consistent with the yrovisions of Chatter 333. F.S., prior to the completion 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. Page 5 HERRMEEMEMM Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreemeni The Engineer shall perform a thorough review • 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 • these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airporl 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 An= 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 and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 0 — Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: WARKOTOV, HERRMEEMEMM CONTRACT NO. G0156 I I : I W111111111 ,TAMMINJU 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 vne 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 ...} ldllyb, I TO, FeLuations, ULM it rule, • regulation referred to. 1 11 1 11, a t Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. gamfl]La�� MERFOR1 FDOT 55.004 Aviation Development Grants $325,000 I . I AWW-opmium- I look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance rewirements described in Part Three of the Comnliance SuDt)lement are aor)licable and then look to Parts Three and Activities Allowed HERRMEEMEMM -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; port management studies and training: -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) ws�.. 1 7 HERRMEEMEMM This is a general description of project types. found in the Aviation Grant Program www.dot.state.fl.us/Aviation/Public.htm M=- FRO no 1"IMMMITTVAR"MrSTIT9 MI, ffmaff1 4=1 IV �- A detail list of project types approved for these grant programs can be . manual which can be accessed through the internet at that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.