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Item F08BOARD 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.8 Agenda Item Summary #2282 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 GOE44 providing funding of $70,000.00 for Marathon Airport Environmental Assessment 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 Environmental Assessment for the Preferred Alternative to correct the runway taxiway separation at the Florida Keys Marathon International Airport. The current runway taxiway separation at the airport does not meet current FAA standards. The assessment must be completed prior to design and construction. 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: GOE44 MTH Environmental Assessment FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: 12/31/2021 Total Dollar Value of Contract: $70,000.00 Total Cost to County: N/A Current Year Portion: Budgeted: Yes 403 - 63598- GAMA81 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 If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Beth Leto Completed 10/31/2016 10:06 AM Pedro Mercado Completed 10/31/2016 10:48 AM Budget and Finance Completed 11/01/2016 8:11 AM Maria Slavik Completed 11/01/2016 8:20 AM Donald DeGraw Completed 11/01/2016 8:38 AM Kathy Peters Completed 11/01/2016 10:28 AM Board of County Commissioners Pending 11/22/2016 9:00 AM PUBLIC TRANSPORTATION Financial Project Number(s): (item - segment- phase - sequence} Fund: DPTO FLAIR Category 43868019401 Function: 215 Object Code: Federal Number: Org. Code: Contract Number: - GOE44 DUNS Number: Vendor No.: CFDA Number: Agency DUNS No. CSFA Number: IMMIT-MMM IMM l I 1w NUNN �12 the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florii Statutes, • enter into this Agreement. I NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 111111 1 !!1 " lill 111 11111111111 11 !IJ 1 11111 Ir 111111 !11 I H - x MIN assessment must be completed prior to design and construction. 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 - 0612016 Page 2 of 17 319= 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or undertake the Project, • to observe, assume • carry out any • the provisions • the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. - A , - a * - 4 . • 0 --• a - . a a 2.40 Submission • Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the Project towards completion. C.00 Total Project Cost. The total estimated cost of the Project is $87,500.00. This amount is based upon the estimat4 q-ummarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. I �.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount • $70,000.00 as detailed in Exhibit "B", • 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 $17,500.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) • the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is Z is not a recipient of a federal award, as detailed in Exhibit "B." this Agreement. It is understood that State participation in eligible Project costs is subject to: I 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Pag 3 of 17 4.30 Front End Funding. Front end funding EJ is [D is not applicable. If applicable, the Department may initially pz 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown paragraph 4.1 1 =32M= awaz��� 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the PrOjell Oi m-exc-ess the Department shall not be considered eligible costs. "125-930-06 PUBLIC TRANSPORTATION PUBLIC' NI I ION JOINT PARTICIPATION AGREEMENT TRAN SPOM OCK - 06/2016 P. 4 c,f 17 oy Ine ^gen­UJ­#r - UtTFdrS — , - 5TrCflI le 5!IAAlvriea vT AFq[ 1 &.xre]TJ_ evidencing in proper detail the nature and propriety of the charges. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by th Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit t PIM a 111111 ff-T, VrF.111 Fdr# =01 * b) The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 75-030-0 PUBLIC TRANSPORTATION 'PUBLIC JOINT PARTICIPATION AGREEMENT TRANOGC - 06/201 spowrATION 6 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 _06/20�6 Page 6 of 7 III iiiiiiiiiii! l! IT Will i R 111 Office of Comptroller, MS 24 605 Suwannee Street 32399-045G C 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 followil i requirements: 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 fix2: ters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules • the Auditor General. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 7 of 17 Statutes, the cost of the audit Mpst be id from the A encli's resources Ii.e., the cost of such . ,,,,eCaII3 T10 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 • this Agreement shall be submitted to: Florida Separtimen"o 1ra_n_sp` Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a - ),dot.state.fl.us 0M State • Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a)-aud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) • I.1!••• .r•- 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 • 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. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 8 of 17 to repair or replace any Project equipment Or laullitiub in Lne Orem OTIOSE or Damage at the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall or facility. The Department may waive 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 000 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. • R- �* • 3=•.� 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.0•1, Florida Statutes, and shall • submitted • the Department's Contractor Travel Form No. 300-000-06. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. For real property acquired, submit: a) The date the Agency acquired the real property. b) A statement by the Agency certifying that the Agency has acquired said real property, and actua' 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. 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: =1 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 9 of 17 VA4111111M. ire =.- SKO 0=01 a a 0 fiTWW11 =0 I - - not proviaeu Tor in ine iateSt appruveu ims u Lin 't urine 1-roject, under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for am&*c sp&drp 1[111 set SUCW anowit frovi nav due for W 16 M " Nor& OF serl"Ices -Uff� 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 • contract • the Department. 8.10 Termination • 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 ii robable infeasible, imoossibl 'I[ - I th D art ent will b written notice to the A enc sus end any 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 10 of 17 ill move M-1 JESEME =- YTITY1 a rfrAg reeMbWf9 n J reser I'L-s L C0 I T61 F#7dfoll T#T1 party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). Thg Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to qcrove the em of the same. If Federal Transit Administration !,FTA,�, funds are used in the Pro;ect, the Department must exercise the right to third party contract review. WWAKftl 1=1 0 - I - TAI"Mg-1114 - 0 a Wes "I V 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 Consuitan) Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Consultante Competitive Negotiation Act and the federal Brooks Act. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 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 • the basis • race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time • the competitive solicitation for the Project 50 percent • more • the cost • the Project is to • %aid from state ai • . riated funds then the A• - must com-" with the re-oFuirements of Section 255.0•• f 1 �,, Florid? Statutes. I , p!1livill 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI • the Civil Rights Act of 1•64 (42 U.S.C. 2000d, et seq.), the 1611 lizKo thereto. 11.30 Title Vill - Civil Rights Act of 1968. Execution • 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 among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project • 2,ny property included or planned to be included in the Project, with any officer, director • employee • the Agency, • 2ny business entity • which the officer, director • employee • the officer's, director's • employee's spouse • child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. • 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 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 of 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. ATAT M A F- 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 I • I permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable. environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived. In no event shall the making • the Department • any payment to t ?On 1 116 gt�rp M -_ 6; zi then exist, on the part of the Agency, and the making of such payment by 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 • default. 12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be -.ffected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing Wereunder. with any provision thereof, perform any other act or do any other thing in contravention o any applicable SItatela Ic Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once noti �a-ff4l% Wy-tm Agency to the end that the Agency may proceed as soon as possible with the Project. 121 gligill;lIp! 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 forth(.' useful life • said facilities • equipment. 12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and cleveloit control systems as required by 49 CFR Part 18, when applicable. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 13 of 17 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 of 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 an,; specifications to the Department for review and approvals. 725-030-06 PUBLIC TRANSPORTATION PLMLIC R . V1 M JOINT PARTICIPATION AGREEMENT TANOGC — SPOR'l 061,2016 Page 14 Of P greement is in excess or=r,01 k than one (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: WKITly-mmummm m.. W-110mm 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 15 of 17 If any funds other than fed era I ly-ap prop riated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Con�ress, or an ealoge of a Member of Coniress in connection with this A W reement, the undersi 0 ned shall complete I I L-7&1= I I W; Isiftel to N 1 114VAYA I I a 0 1 V i a F1 I a I Lei I L11 I &A 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 I Wranch or a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should • aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measur%4 from the latter of the date the invoice is received or the date the goods or services are received, inspected, 2&1 approved. Approval and inspection of goods or services shall take no longer than 20 days following the receip! • a complete and accurate invoice. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance • this Agreement, t1a Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontra entered into pursuant to this Agreement: I 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRA JOINT PARTICIPATION AGREEMENT OGC - 0612016 Page 16 of 17 111 H I a I I lwazffihlo� trzi - � pKIK91 11clillyngLel 1K0J E rA erq 1 E,411r�z oil] P1110 Pig 11 LAI I I&S go] 11111410M I RA I M91 11rafteall V1 lI1Q-1K-71;1 -wig I depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. I r1114 25.00 Maintenance of Project. The Agency agrees to maintain any project not • t e a -tea way bystern construcre 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 (FACTS). 72 k' PUBLIC TRANSPORTATION PUBLIC SPOU JOINT PARTICIPATION AGREEMENT IRAN OGC 062 NTION !At Page 17 o£17 IN WITNESS WHEREOF. the parties hereto have caused these presents be executed, the day and year first above written. Monroe County Airports - Key West AGENCY NAME DEPARTMENT OF TRANSPORTATION Heath e SIGNATORY (PRINT OR TYPED) — - SIGNATURE - — - ------------ - - - - TITLE . • 1 9- a — mu�gHtmom9m full I f • 0=6 • Funding Approval by Comptroller TO: PT629DH@dot.state.fl.us SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT OE44 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #GOE44 Contract Type: Method of Procurement: Vendor Name: MONO E COUNTY Vendor ID: VF596000749053 Beginning date of this Agmt: 08/29/16 Ending date of this Agmt: 12/31/21 ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *CT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SE. *USER ASSIGNED ID *ENC LINE(6S)/STATUS Action: ORIGINAL Funds have been: APPROVED 55 062020629 *A9 *751000 70000.00 *43868019401 *215 2017 *55100100 *088719/17 0001 *00 *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 70,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/31/2016 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms ail integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports 3491 S. Roosevelt Boulevard Key West, FL 33040 I - 0 as 3 YR I U 0 1 � AMMM3��� Environmental Assessment for the Preferred Alternative to correct the runway taxiway separation at the The Florida Keys Marathon International Airport. The Current runway taxiway separation at the airport does not rneet current FAA standards. The assessment must be completed prior to design and construction. 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. EXHIBIT B 19 ktiff kuw,1011ftm 'mis 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 MEMENEMMOMM ESTIMATE PROJECT COST: 87, 11 11 ESTIMATED TOTAL PROJECT COST: $87,500.00 Maximum Federal Participation FTA, FAA (%) or "It is the intent of the Department to reimburse the Agency 80% of the total non-federal share of eligible project cost up to the Departments maximum participation amount". EXHIBIT C rtkirrNyJA�E1 • 1V11V This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and undi W � 'vY n Ust 111LUJIlatl ri-• 3491 S. Roosevelt Boulevard Key West, FL 33040 Elxffrt MMY 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect ihr0Ugll0Ut the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility progrann project, or throughout the useful life of tile 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 tile duration of tile assurances regarding Exclusive 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 Agreement will iturnediately become due and payable to the Florida Department of Transportation. 2. Preserving Rights and Powers: 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. b. If an arrangement is made for management and operation of the airport by any agency o r person oth _ I than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and aLfthorit ensure that the airport will be operated and maintained according to applicable federal and state la regulations, and rules. 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, Aiffl"iiqvxu�-4hting or otherwise miti air�Xort hazards and creventiripy the establishment or creation of future airport hazards. ViNNITIN 6. Airport Layout Plan: offsite areas owned or controlled by the Agency for airport purposes and proposed7a7ddiltio (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of tile Department. The Agency will not make or permit any changes or alterations in tile airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the 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 Linder the circumstances existing at the particular airport taking into account such factors as the volume of traffic and econorny of collection. If this Agreement results in a filciliqi that will be leased or otherwise ycroduces revenue, tile AataW, 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; the local airport system; or o&r local facilities which are owned or operated by the owner or operator of or for environmental or noise mitigation purposes on or off the airport. Page 2 RiNK11111 ll�=:1Pljj 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any unitment on i ww 1w & mi • D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. r, Complete an airport master plan within two years o[ land purchase. d. Complete construction necessary for basic air opera within ten years of land purchase. Page 5 KjI��� 3. Construction Inspection & Approval: Provide and maintain competent technical Supervision at the H If j WC41WAVAftAlle--yro_�ect to assure that the work conforms to tile oLl%ecifications. and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect tile work. Tile Department may require cost and progress reporting by the Agency. 4. 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 tile 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 vroiect involves noise mitip-ation tile A encv assures that it wW. 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions - and assurances that aggly-LoAh A The aqreement and chane-es thereto must be satisfactor to the Department. The Agency assures that it will take steps to enforce tile agreement if there is substantial non- compliance with the terms of the agreement. W I dgUCC I I IC I I I I; ILI I 1IM TV ner • I 111al OR will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Page 6 RH r7sources av�'-V-Mwteu we rculpleill . tile resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and tile total resources awarded. Compliance Requii-ements applicable to each Federal or State program Should also be listed below. If tile resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in tile 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, tile 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 R. FEDERAL RESOURCES Federal Agency_ Catalog of Federal Domestic Assistance (Number & Amount Compliance Reguirernents 1. 2. State Agency Catalog • Federal Domestic Assistance (Number & Title) Amount FDOT 55.004 Aviation Development Grants look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details • the requirements. Activities Allowed MU-232= are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (F OT Aviation Grant program Handbook) -Building for lease; -Industrial part infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marking programs (FDOT Aviation Grant Program Handbook) This is a generai description of project types. fOLInd in the Aviation Grant Program Nvww.dot.state.fl.us/Aviation/Public.htm 113yMM WVIMWM�� �, I ese C FM manual which can be accessed through the internet at I 11 I-W9 that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.