Item F05BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.5
Agenda Item Summary #2278
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOE41 providing funding of $60,000.00 for
Marathon Master Plan (Phase 1) at the Florida Keys Marathon International Airport, to be funded
80% FDOT and 20% Marathon Airport operating funds.
ITEM BACKGROUND: This grant is for the initial phase of the Master Plan (Phase 1) for the
Florida Keys Marathon International Airport (MTH). This includes but is not limited to the
collection of aerial imagery and field survey data in accordance with FAA applicable advisory
circulars ACs) and within a geographic information system (GIS) platform, as well as the update of
the Draft Environmental Assessment (EA) that was initiated in 2009 for the proposed airfield
improvements and all work associated with Airport Layout and Airport Master Planning.
PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, the BOCC granted approval for
the Mayor to execute FAA and FDOT grants as received to meet deadlines for return to the granting
agency and expedite use of grant funds, with grants to be ratified by the County Commission at the
next BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
New Grant
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
GOE41 MTH Master Plan Phl
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: 12/31/2021
Total Dollar Value of Contract: $60,000.00
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes 403 - 63597- GAMA80
Source of Funds: 80 %FDOT/ 20 %MTH Airport Operating.
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
I ] 11 T/ 1 IH 17."
Beth Leto
Completed
10/27/2016 12:13 PM
Pedro Mercado
Completed
10/27/2016 1:45 PM
Budget and Finance
Completed
10/27/2016 2:55 PM
Maria Slavik
Completed
10/28/2016 8:20 AM
Donald DeGraw
Completed
10/31/2016 9:44 AM
Kathy Peters
Completed
10/31/2016 11:19 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
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Financial Project Number(s):
(item-segment-phase-sequence)
Fund: - DT O
FLAIR Category:
088719
43868319401
Function: 215
Object Code:
751000
Federal Number:
Org. Code:
55062020629
Contract Number: - GOE41
DUNS Number:
Vendor No.:
F596000749053
CFDA Number:
Agency DUNS No.
CSFA Number:
55.004
Marathon Airport
CSFA Title: Master Plan Phase I
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an agency of the State of Florida, ("Department"), and Monroe County Airports - Key T1P—qLb-APxarqJinm;RL * -
South Rooselvelt Blvd, Key West, FL 33040 ("Agency"). The Department and Agency agree that all terms of t
Agreement will be completed on or before December 31, 2021 and this Agreement will expire unless a time extension
provided in accordance with Section 16.00. A
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the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florid?
Statutes,
• enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree.
as follows:
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limited to the collection of aerial imagery and field survey data in accordance with FAA applicable advisory circulars (ACs) and
within a geographic information system (GIS) platform, as well as the update of the Draft Environmental Assessment (EA) that
was initiated in 2009 for the proposed airfield improvements and all work associated with Airport Layout and Airport Master
Planning.
--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.
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listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require
activity report on a quarterly basis. The activity report will include details of the progress of the Project towarl
completion.
t.00 Total Project Cost. The total estimated cost of the Project is $75,000.00. This amount is based upon the estimate
r,ummarize• 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.
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the
Project in the amount of $60,000.00 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, includir
contingencies, in the Project in the amount • $15,000.00 as detailed in Exhibit "B • in an amount equal to t
percentage(s) of the total cost shown in Exhibit "B", whichever is more. ' i
4.12 Federal Awards. The Agency, a non-federal entity, [I is Z is not a recipient of a federal award, as detailed ir
Exhibit "B."
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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
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nvidencing in proper detail the nature and propriety ■ the charges.
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invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall
be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency b thl
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not lim lit t
.... ... ...
A
1410.1
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.1 ) The Agency, a non-Federal entity as defined • 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:
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative I
the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit RequirementEN
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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.
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Ofiice of Comptroller, ITIS 24
•05 Suwannee Street
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i) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient Of staF&
financial assistance awarded • the Department through this Agreement is subject to the followi
requirements: I
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.
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Statutes, the cost of the audit must be wid from the Wenc s resources Ii.e., the cost of such
- i
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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:
Office • Comptroller, IVIS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(&dot.state.fl.us
om
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaud_qen local_qovt(o)aud.state.fl.us
V. Any copies of financial reporting packages, reports or other information required to b--
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 dorm
in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and f
profit organizations), Rules of the Auditor General, should indicate the date the reporti
package was delivered to the Agency in correspondence accompanying the reporti
package. I
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 or litigation shall be retained until the
action is complete or the dispute is resolved.
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to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for
the useful life of such equipment or facilities, In the event of the loss of such equipment or facilities, the Agency shall
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or facility. The Department may waive or modify this section as appropriate.
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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.
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the criteria for evaluating successful completion.
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a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of de7liverables
I
established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manag
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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.
a A, • • • 0
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notproTiaeaTo inineiatestapproitjusL;upt2aiiuL)IUYULIMA -1UJULA, L;Ublb all[ IUJ.LdL)le 10 g0005; or seFTIces recel"Ir
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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 f-m
work or services performed pursuant to this-knreement the Department may offset such amount from payments due
work or services done under any public transportation joint participation agreement which it has with the Agency owii
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetti
amounts shall not be considered a breach of contract • the Department. I
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8.12 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.
pertaining to the financing and development of the Project.
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with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for anil
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.
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Statutes.
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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 VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age.
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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 S
any property included or planned to be included in the Project, with any officer, director • employee of the Agency, •
��u ' entito of which the officer director or emjflooee or the officer's- director's or em s III or child T
tor's
an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, dire ctorA
employee's spouse or child, • any combination • them, has a material interest.
2) "Material Interest" means direct • 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
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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 fisca'
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.TrMYGMO201M 111 9 C- 146 - . - . I II I � 9 � -
the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or a
benefit arising therefrom. i
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permits. The Agency will be solely responsible for any liability in the event of non-compliance with applica
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for a
loss incurred in connection therewith. I
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any
•larty other than the Agency.
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which m
then exist,
• the part • the Agency, and the making • such payment • the Department while any such breach
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect
such breach or default. •
12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also,
t_J no INK-F—W- %�Wsisll
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Wereuirder.
12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce complian
with any provision thereof, perform any other act or do any other thing in contravention of any applicable State lal
Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once noti
Agency to the end that the Agency may proceed as soon as possible with the Project. I
12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and
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 or 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.
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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.
specifications to the Department for review and approvals.
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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.
X11
the expiration of this Agreement.
L
Yi it-ormat. - wora in Tills AgreeMent in sing, 71
All w ord ed e p • s us in thlural frm shall extend to and include the sing or
ular. All wds used in any gender shall extend
and include all genders.
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same instrument.
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a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured
from the [after 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, tht-
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract
entered into pursuant to this Agreement:
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depositories or to any agreement for utility services the rates for which are fixed or c ntrolled by-i
governmental agency.
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under this Agreement.
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A .
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will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract
Tracking System (FACTS).
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed. the day and year first above
written.
International Airport
DEPARTMENT OF TRANSPORTATION
Harold Desdunes
4
Funding Approval by Comptroller
I I I I I "1 0. 11 " I I
Action: ORIGINAL Funds have been: APPROVED
55 062020629 *A9 *751000 60000.00 *43868319401 *215
2017 *55100100 *088719/17
0001 *00 *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 60,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 08/31/2016
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EXAIBIT A
[!'ROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between tile State of Florida, Department of Transportation and
Monroe County Airports
3491 S. Roosevelt Boulevard
Key West, FL 33040
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For tile initial phase of the Master Plan (Phase 1) for the Florida Keys Marathon
International Airport (MTH). This includes but not limited to the collection of aerial
imagery and field Survey data in accordance with 1 applicable advisory Circulars
(ACs) and within a geographic inronliation system (GIS) platform, as well as tile Updat�-'
sf tile Drart Environmental Assessment (EA) that was initiated in 2009 for the proposed
airfield improvements and all work associated with Airport Layout and Airport Master
Planning.
The Agency must submit an invoice to the Department no later than one hundred and
twenty days (120) after the period of service covered by said invoice. Failure to submit
invoice in a timely manner may result in non-payment by the Department.
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.
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EXHIBIT B
This exhibit forms an integral part of that certain Joint Participation Agreement between
tile State of Florida, Department of Transportation and
Monroe County Airports
Key West International Airport
3491 S. Roosevelt BOUlevard
Key West, FL 33040
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ESTIMATE PROJECT COST: $75,000.00
ESTIMATED TOTAL PROJECT COST: $75,000.00
Maximum Federal Participation
FTA, FAA or
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EXHIBIT C
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of
Transportation and
Monroe County Airports
F.Wff .71 1M.
2. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it ♦ any ♦ the rights and pow
necessary
♦ perform any ♦ all ♦ the terms, conditions, and assurances in the Agreement without t
written aWroval of the Department and will act 9,rom,94i to acquire. extLu or modify any outstand],
rights or claims of right of others which would interfere with Such performance by the Agency. This sh
be done in a manner acceptable to the Department. i
b. If an arrangement is made for management and operation of the airport by any agency or person other
than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to
ensure that the airport will be operated and maintained according to applicable federal and state laws,
regulations, and rules.
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of future airport hazards.
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offsite areas owned or co t lied by the Agency for airport purposes and proposed additio
thereto;
(2) Location and nature of all existing and proposed airport facilities and structures (Such
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all propos
extensions and reductions of 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, or modification thereof, shall be subject to the
approval of the Department. The Agency will not make or permit any changes or alterations in the airport or
any of its facilities that are not in conformity with the airport layout plan as approved by the Department
i of the Department, adversely affect the safety, utility, or efficiency of the
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 tile 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
value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of
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MEMKOW
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WENUM
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6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any
planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on
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:
• royerij AcqY rVOCIES NM=9711, tlic I'lumnial rulluy 01 1 909 r?77T
Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23,
F.S.
Page 4
101
c. Complete en airport master plan within two years my land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purc
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tile resources awarded to tile recipient represent more than one Federal or State program, provide tile sarne
information for each program and tile total resources awarded. Compliance Requirements applicable to each
Federal or State rop-rarn Should also be listed below. If the resources awarded to the rec ient rej)resent more than
• (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
laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law,
rule, or regulation referred to.
FEDERAL RESOURCES
Federal Agency Catalo:, of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
I.
2.
FDOT 55.004 Aviation Development Grants
Compliance Requirements
look 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 of the requirements.
Activities Allowed
-Operations and emergency response plans;
-Federal Aviation Regulations (Q\R) Part l5O noise studies;
-Environmental impact Study (El8)
-Wildlife hazard studies;
-Feasibility and site selection studies;
-Business plans
-Airport management Studies and training:
-Air services studies and related promotional materials.
(PDOT Aviation Grant Program Handbook)
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples mf projects are
—&ipaidc capital improvement projects (runways, tosivvuys. apnony. T-hangers, fuel fanna maintenance hangers,
lighting, control towers, instrument approach aids, automatic weather observation stations);
-Land-side capital improvement project (terminal building, parking lots and structures, mad and other ooceaa
projects);
-Presentation projects (overlays, crack sza)ing, madking, painting huUdings, roofing buildings and other approved
projects);
-Safety equipment (including AARF firefighting equipment and lighted Xs);
-Safety projects (trees clearing, land contouring unoverrun aream, and removing, lowering, moving and marking.
lighting hazards);
-information technology equipment (used x` inventory and plan airport facility needs);
-Drainage improvernent.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway
approach areas from encroachment. Administrative Cost appmisu|o, legal ieca surveys, closing costs and
preliminary engineering fees are eligible cost. In the event the negotiation for a fair market value is unsuccessful, the
court will be petitioned for "an Order of Taking' tinder the eminent domain laws of Florida. Examples of projects
are:
-Land acquisition (for land inan approved master plan mrALP);
-Mitigation land (on mr off aiqmnd;
-Aviation easements;
-Right o[way;
-Approach clear zones.
(FDQT Aviation Grant program Handbook)
Airport Economic Development
This grant program is0o encourage airport revenue. Examples of projects are:
-Any airport improvement and land purchase that will enhance economic impact;
-Building for lease;
-Industrial part infrastructure mmdbuiNin@p;
-General aviation terminals that will be iO8 percent leased out;
-Industrial park marking programs
(FDOT Aviation Grant Program Handbook)
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found in the Aviation Grant Progra)
%vww.dot.state.fl.us/Aviation/Public.htni
1=
I ITP c5t graln yr M"T
rnanUal 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.