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Item C30County 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.30 Agenda Item Summary #2553 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 G0I57 in the amount of $40,000.00 for the design of solar voltaics on the Key West International Airport terminal roof to reduce reliance on conventional energy sources using solar energy, to be funded 50% FDOT and 50% Key West Airport operating funds. ITEM BACKGROUND: This grant is to design solar voltaics on the Key West International Airport terminal roof to reduce reliance on conventional energy sources, provide duct work to areas not currently served by the chillers, and to upgrade the existing chillers to serve the additional spaces. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT /AGREEMENT CHANGES: new grant agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: G0I57 FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: December 31, 2021 Total Dollar Value of Contract: $40,000.00 Total Cost to County: n/a Current Year Portion: Budgeted: yes Source of Funds: 50% FDOT /50% EYW Airport Operating Funds 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 $40,000.00 REVIEWED BY: Donald DeGraw Completed 12/30/2016 4:45 PM Pedro Mercado Completed 12/30/2016 4:50 PM Budget and Finance Completed 01/03/2017 8:22 AM Maria Slavik Completed 01/03/2017 9:16 AM Kathy Peters Completed 01/03/2017 9:24 AM Board of County Commissioners Completed 01/18/2017 9:00 AM HFRZ = Financial Project Number(s): (item-segment-phase-sequence) Fund: 43870519401 Function: Federal Number: Contract Number: G0157 DUNS Number: WAI ma- •— l I � E DPTO FLAIR Category 215 Object Code: Or. Code: Vendor No.: CSFA Number: THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day *3 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. the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florido Statutes, • enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agre-. as follows: pror"Wr?. 119iiii! Ili 1 111111 1 0 - ei. a a ------ -------- 'r-lonsi 1.7all 11111-73 0KIIII PAI rZWB114i1qL911r-11V1§l and 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. = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 2 of 17 WITOY-XITRO 1=1 • 1781117M= 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or undertake the Pro '. r [i o z- -. assume or cario out ano of the jcrovisions of the A�*�)reement the AgenqA will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 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. t_.0U_Tota_FF Cost. The total estimated cost ot the Prbject��. �.is amount is based upon the estimat; summarized 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. 0 11111111 1 111111111111rit 91ilil" f e q111 • A �.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount • $20,000.00 as detailed in Exhibit "B or in an amount equal to the percentage(s) • 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 of $20,000.00 as detailed in Exhibit "B", or 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 Z is not a recipient of a federal award, as detailed in Exhibit this Agreement. It is understood that State participation in eligible Project costs is subject to: = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06 3016 Pag 3 o r 17 4.30 Front End Funding. Front end funding E] is F� is not applicable. If applicable, the Department may initially pay 2n paragraph 4.1 27-7117111, M, 6.00 Accounting Records: f.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. = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPowrATION JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 4 of 17 a 8 a-IIIII all I - a -, - , videncing in proper detail the nature and propriety of the charges. A I a _N 2961 A X& FzTd F8 a M M - mr-Ralitz 1-79;LSIzI1114 QVISISTLY11 me - It: "TAIRS11 a a I a 9 a - 2 0 z invoices, contracts, vouchers, orders, • other accounting documents pertaining in whole • in part to the Project shal'. be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such iocuments. EMM"J Ui MUT-11I lenvfu arranyu tui in The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as subrecipient • a Federal award awarded by the Department through this Agreement is subject to t following requirements: I HFRZ = '125-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 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 or litigation shall be retained until the action is complete or the dispute is resolved. = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 6 of 17 !! I I I : ! ! I ! ! ! ! I ! I I : I I I ! ! I I I I I I I 1 !11 1 1 1 1 -1 111 - • I I I - • • 1 • Office of Comptroller, ITIS 24 605 Suwannee Street FANFam- 11•-• b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded • the Department through this Agreement is subject to 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) • 10.650 (nonprofit and for-profit organizations), Rules • the Auditor General. HFRZ = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 06 2016 NO of 17 Statutes, the cost of the audit must be wid from the Wenc s resources Ii.e., the cost of such 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 ot I ransportation Office • Comptroller, IVIS 24 •05 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSin-gleAudit(@dot.state.fl.us an State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(cDaud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to bt 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 anV 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 of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. viii. 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 • litigation shall be retained until the action is complete or the dispute is resolved. = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 8 of 17 l et " & 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. The Department may waive or modify this section as appropriate. 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 • 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. 9 WTV MET- TIV-111 MY, RM "M W W-Mmr 0=11 NWOM TersTarorer.WITI-T am 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and 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. 7.20 The Department's Obligations. Subject to other provisions oftfti Agreement, the Department will honor requ 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: = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 9 of 17 F 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 i i i "WWWOW W I l a y IMF& or serM77s-aoPvA4naer My plum; LIdIIbPUILd1IUI1 JUIIH PdILIL;IPdLIun 59FUUMUM THIKAI IL Ildb WIIII L1115 such amount if, upon demand, payment • 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. 2.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered imorcibable. infeasible imioossible or ille al the De artment will b written notice to thE Allenic sus end an%, HFRZ = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 10 of 17 -114TAF--U,177�11111 i R - SIM I lerqth - orz It 11 - I ITZ11i a I M"e"r-TURTEI ,epa ment chooses to review n approve nira party contracts Tor inis o-roject ano Yne iNgerix-Fy approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). The. =AA TreFu Wei I FA 27 the Department must exercise the right to third party contract review. M- I Agreement that participation by the Department in a project with an Agency, where said project involves a consultant likAntract for envi architecture arvices is continy-ent • the A • in full with provisions 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 the Consultants' Competitive Negotiation Act and the federal Brooks Act. = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRA JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 11 of 17 with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. litIM114297ST4MU M-1 ant Wo 1=1 M.e r4WW7 9 1 ' It W'' WIN", Statutes. M Wine 011WEW-We =-HiMMUSHM. JH1IzW-'reM7t4W27II illess 9 - "'m 4 `9 my"t"96 1 r Im"T"no a"Nom 1 ;4 an -IT Peglu ations ot the Federal Department ot I ransportation issued thereunder, and the assurance Dy ine Agency pursuant 1,Wereto. 11.40 Americans with Disabilities Act of 1990 (ADA). Execution • this 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. �ny property included or planned to be included in the Project, with any officer, director or employee of the Agency, or zny business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is 2n officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or zmployee's spouse or child, or any combination of 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 • any property included or planned to be included in the Project, with any person or entity who was represented before the = 72S-030-06 PUBLIC TRANSPORTATION PUBLIC TRA JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 12 of 17 Agency by any person who at any time during the immediately preceding two (2) years was an officer, director • employee • the Agency. c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fisoF.4 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. 11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of ihe United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 11,71 "1 DMIAlfftifiYALrolell Mmilm I environmentai reguiations, inciuding ine securing oT any appilcame permits, anu 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 party other than the Agency. 17T M-T3 0 15411k, 111 11�11 ril Ila I GMHWM�zz - M. -lair-lit 61160111111 (9241- Agency constitute or De construeu ab a 1-TalTer Dj -�Z LITIUM UI dFly UlUdLAI Of Flu n 1 W 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 tv such breach or default. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, % 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: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify Agency to the end that the Agency may proceed as soon as possible with the Project. 12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and dgW,mri-" 14N 14C­Wr� 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 develop control systems as required by 49 CFR Part 18, when applicable. mpmrsp = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 13 of 17 HFRZ = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OCIC — 06/2016 Page 14 of 17 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days aft the expiration • this Agreement. i 5 "- 1 W W K& =60 I biff 1 2 1 111 Mill . III 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. 61W01 - 0 11 - • - 1 1 WWWW -0 11 0 • •- same instrument. MM = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 0il/2016 Page 15 of 17 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 • a complete and accurate invoice. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, thz Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: = 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPOPTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 16 of 17 24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. IV. under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System = M-030-06 PUBLIC TRANSPORTATION PUBUC ANSPORTA T ' 10N JOINT PARTICIPATION AGREEMENT TR OGC 06 2016 Page 17 of 1 7 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. ri &I a 1 0 Internati - onal - Airport ............................... - �GENCiNAME — George Neugent SIGNATORY (PRINTED OR TYPED) F1T*#J-ATfflXFVh DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development Iall = milk EXHIBIT A PIR&U-c" yy This exhibit forms an integral part of that certain Joint Participation Agreemenl between the State of Florida, Department of Transportation and Monroe County Airports 3491 S. Roosevelt Boulevard Key West, FL 33040 •;4, �# �216� to", 121 To install solar voltaics on the new terminal roof to reduce reliance • conventioni energy sources, provide duct work to areas not currently served by the chillers, upgra the existing chillers to serve the additional spaces. I 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. 11101mm. MM11=511LIT" I . I 1 4 M may further results in termination • voidance of the contract. The District office shall visit each active project no less than once a year until the proje is completed. When a project is completed, the District office will conduct a final si visit prior to processing the final invoice to verify that the work was completed accordance with tile JPA. All site visits shall be documented in the District project file. HFRZIE w« > : = i I I I � ' __ a I W U. =11 I I V411131 Y-ft NI oil" go I © °-22£ :4 m< s 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 ��� M ESTIMATED TOTAL PROJECT COST: $40,000.00 I 2 . WNW 110411 VA I IN i N Maximum Federal Participation FTA, FAA or "It is the intent of the Department to reimburse ©e Agency 50% of the total non-federal share of -ligible project cost up to the Departments maximum participation amount". = EXHIBIT C A3aJ1JCU-)VTJl!_V4�aV1J1 This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports 3491 S. Roosevelt Boulevard Key West, FL 33040 1. Duration: The terms, conditions, and assurances • 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 facty 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 t terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances. the full amount of this A-4reement will immediatel due and payable to the Florida Department of Transportation. 2. Preserving Rights and Powers: .;,. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written aNroval of the De and will act Xmm_rtly to aciruim extinguish or modify any outstandinL4 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, regulations, and rules. 1010 IL 4 -70 • future airport hazards. M 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning *rdinances 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 ex)zansion of incomyatible land use areas. The Aa-ency assures that it will yrovide the DeQartment with a coW of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. offshe areas owned or controlled by the Agency for airport purposes and proposed additions thereto; mriways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions • existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, ► modification thereof, shall be subject to the approval • the Department. The Agency will not make • permit any changes • alterations in the airport • 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, • efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a &mAkqmbmAM troirmwvim. fair market value or higher. 9. Airport Revenue: That all revenue generated by the airport will be expended for capital • operating costs of die the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental • noise mitigation purposes • • off the airport. Page 2 _MNX1 'G TIN mpmrsp M MER� M 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: 11M 11 1 �MRWMMI tropmy—NEquihiLlun F1.11WIC25 U1 Lilt: 11kiLlUildi r-111HU11111CULL11 *rder 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F. S. Page 4 01 M 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 Plans shall 6e consistent with the intent oy the project uo defined in Exhibits "A" and "B^ofthis Agreement. The Engineer shall perform u t review of the requirements n[ the following standards and make u determination osuz their applicability m this project. Plans produced for this project shall be developed in compliance with the applicable requirements nf these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Ai Licensing, Registration, , IndAirsPoceP/w/cc/km • Florida Department QfTransportation Standard Specifications For Construction QfGeneral Aviation Airports • Mu000) Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred toasthe F\mridaQoenbook * Manual on Uniform Traffic Control Devices 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. 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: WAIN Department. The Agency assures that it will take steps to enforce the agreement if there is sub antial non- compliance with the terms of the agreement. RU��� = I I I # I 11114HRINIMMUR0 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 ♦ 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 rule, ♦ regulation referred to. WWWW" 111 .1 01 • Compliance Requirements I. 2. 3. Wamanpulluall State Agency Catalog of Federal Domestic Assistance (Number & Title) Amount FDOT 55.004 Aviation Development Grants aeveioping auan proceaures to test compilance Tim me requirements 1 • T a state r• r• [ook to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance -equirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details ♦ the requirements. F&TzKTrtITV—V= 0 r• "= mpmrsp M M y VIMM 12 = that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.