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Item F09BOARD 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.9 Agenda Item Summary #2283 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 GOE45 providing funding of $105,000.00 for drainage Improvements Phase 2 & 3 at the Key West International Airport, to be funded 50% FDOT and 50% Passenger Facility Charge (PFC 415). ITEM BACKGROUND: This grant is for Phase II and III of the airport drainage improvements project. After a rain event, taxiways are "under water" and are impassable for aircraft and ponding occurs in the infield areas. Phases II and III will include design, permitting, and bidding of new pipes to route stormwater runoff to the exfiltration trenches, pump station improvements, and new drainage wells. It also includes the design of a retrofitting of the existing drainage wells on the airfield with backflow devices /structures to prevent extreme high tides from inundating the airfield, design of a perimeter berm around the airfield where the existing airfield perimeter grades allow for extreme high tides to flood on to the airfield. 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: GOE45 EYW Drainage Imp. Phase 2 & 3 FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: 12/31/2021 Total Dollar Value of Contract: $105,000.00 Total Cost to County: None Current Year Portion: Budgeted: Yes 406 - 636157- GAKAP149 Source of Funds: 50 %FDOT/ 50% PFC #15 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: N/A If yes, amount: REVIEWED BY: Beth Leto Completed 10/27/2016 12:48 PM Pedro Mercado Completed 10/27/2016 1:32 PM Budget and Finance Completed 10/27/2016 2:56 PM Maria Slavik Completed 10/28/2016 8:19 AM Donald DeGraw Completed 10/31/2016 9:49 AM Kathy Peters Completed 10/31/2016 11:20 AM Board of County Commissioners Pending 11/22/2016 9:00 AM 725-030-06 PUBLIC TRANSPORTATION OGC — 06/2016 Page I of 17 (ite -segm t-phase-sequence) 43867719401 Contract Number: - G1 E45 CFDA Number: IM - 91—Mm- Fund: DD M Function: 215 Federal Number: DUNS Number: 1 1 MMKOMMYRI Object Code: Org. Code: Vendor No.: CSFA Number: F I an agency of the State of Florida, ("Department"), and Monroe County Airports - Key West International Airport, 3491 South Rooselvelt Blvd, KeV West, FIL 33040 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed • • before December 31, 2021 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, the implementation of an integrated and balanced transportation system and is authorized under 332.006, Florida Statutes, • enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 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 TRA JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 2 of 17 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, no 1 40 0 oil 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Departme such data, reports, records, contracts and other documents relating to the Project as the Department may require 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 towar completion. 3.00 Total Project Cost. The total estimated cost • the Project is $21 0,000.00. This amount is based upon the estima summarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses excess • the total estimated cost • the Project and any deficits involved. I l q- win IN I ", - r — rofe — cf – M – Me — amount Ot 4041b,11#11.11111Fa •iPt 11 ec in I-0161t 15 • in i ri equai to Ene perL;uMd9Gkb 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 $105,000.00 as detailed in Exhibit "B", • in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, El is 0 is not a recipient of a federal award, as detailed in Exhibit "B." i47 Project costs e Igi e parucipation WMM this Agreement. It is understood that State participation in eligible Project costs is subject to: 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 3 of 17 4.30 Front End Funding. Front end funding 0 is E is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph MEMMWE= M���M 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5-030-06 PUBLIC TRANSPORTATION 72 PUBLIC TRANSPORT A110N JOINT PARTICIPATION AGREEMENT OGC' - 0612016 Page 4 of 17 evidencing in proper detail the nature and propriety • the charges. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the [OW4111'rJus 4 NA14 t.1 r2me)" [a] N M I II Homl-T$T--TF-Ma "1017071 b) The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient • a Federal award awarded • the Department through this Agreement is subject to the following requirements: 5- 0A 06 PUBLIC TRANSPORTATION 72 PUW]c TPAN SPORI . ATION JOINT PARTICIPATION AGREEMENT OGC — 0(5/2M Game 5 of V7 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 — 0612016 Page 6 of 17 Office of Comptroller, IVIS 24 •05 Suwannee Street Tallahassee, Florida 32399-0450 &JjALR&1L1r4J1 I * V - • The Agency, a nonstate entity as defined • Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules • the Auditor General. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC - 06/2016 Page 7 of 17 Mot 9 Statutes, the cost of the audit must be wid from the Wenc 's resources i.e. the cost of su I w. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and fcc- profit organizations), Rules of the Auditor General, copies of financial reporting packagm required by this Agreement shall be submitted to: I Office • Comptroller, MS 24 •05 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSin-gleAuditCcDdot.state.fl.us go State • Florida Auditor General Local Government Audits/342 I 11 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen local_qovt@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) • 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules • the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Vill. As a condition • 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. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 8 of 17 6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability either replace the equipment or facilities or reimburse the Department to the extent ot it interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 9 of 17 1JJ Q1i0r to the effective date of this A W reement, after the exDiration date of this A reement. costs which a Ilul plurluuu lul III LIIU I Iasi appTuTeo Muple allu under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior receipt of annual notification of fund availability. ql1!!!l11ll';;l11111 I 'r- AN 1 1:1-11h "l lli -ll All work or services done undeLar4Wsublic trans-,iortation - :oint ,tarticiiation awreement which it has with theAllvao owinir such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract • the Department. M� •� 1 110 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 improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 10 of 17 8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement Vir" refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 11 Florida Statutes. 1 11 pertaining to the financing and development of the Project. 725-030-06 PUBLIC TRANSPORTATION PUBLIC 'rIZANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 11 or 17 11IX1IRUr#T4Tr1-3=t I MeAD @=I IMM ENRON Me M&WORTMrsTs U001MI 6r4 Q YG 14. M IN I V I at 11-74111,11111 0 1 a L-71449 Statutes. 11 - A I IT; 71_� 0 0 MW a 9 1111NIVAIllne WITZKOWEIVIA4 AIM-110TROHIM0 - -0 - - WONJIN I )T Me F uOul Gi 1.0pal Li poriation is nerell Wne assirance from thereto. 11.30 Title Vill - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), whir-b 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. I t;Ri I I Mang U#X]KW�K4nI - a,*) I Z felt. —VIA otsi ess 1111se • y olsi e ector • emplolree • Yne officers, Director s • empiolee s spoiltse o"" 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 • indirect ownership of more than 5% • the total assets or capital stock • any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 00/2016 Page 12 of 17 Agency • any person who at any time during the immediately preceding two (2) years was an ofter, 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 • controlled by the government, or any agreement between the Agency and an agency of state government. the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. Tom will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with 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. Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, • 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 to such breach or default. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, als agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the fii hereunder. 12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe • enforce compliance • mm 19"ISE it all" 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 �WM�U_AVL*J­ - V4 - yz AA;*414 �h 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 of said faces or equipment. 12.71 Property Records. The Agency agrees • maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TKANSPowrATION JOINT PARTICIPATION AGREEMENT OGC — 0612016 Page 13 of 17 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. specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, ! 1 11- 1 -10-9 8 oil 725-030' 06 PUBLIC TRANSPORTATION PURIC . M JOINT PARTICIPATION AGREEMENT I RAN OGC SPOWFAI - 06/2016 Pig- Y•4 of 47 15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agre- r ♦- pon an annual appropriation • the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 16.10 Final Invoice. The Agency must submit the final invoice • this Project to the Department within 120 days after the expiration • this Agreement. 17.00 Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plurim All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend and include all genders. • M-0;4A satte isstruneit. 0 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 15 of 17 WIP and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub-awards at tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that sub-recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch • a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware • the followirTis time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection • goods • services shall take no longer than 20 days following the receipt of a complete and accurate invoice. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the. Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC — 06/2016 Page 16 of 17 c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct • indirect. If any such present orformer member, officer • employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interesi is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: depositories or to any agreement for utility services the rates for which are fixed or controlled by governmental agency. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System construct under this Agreement. i Jill 10*1 11 NOW 611 1 - 1 - 210 IN I'll IS 11 W 11 WIN Ww"Filyk will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). 725-030-06 PUBLIC TRANSPORTATION PUBLIC IRANSPORTATION JOINT PARTICIPATION AGREEMENT OGC 06 1 016 Pa,n 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. UTO r I I i i r!' International Ai [port AGENCY NAME Heather Carruthers SIGNATORY I RI NTCV6R TYPED) DEPARTMENT OF TRANSPORTATION Harold Desdunes TITLE Director of Transportation Development - , - . . ........ . ............. SIGNATURE LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION Ka—y-o /Chair n See attached Encumbrance Form for date of Funding Approval by Comptroller TITLE 5 Contract #GOE45 Contract Type: Method of Procurement: Vendor Name: MONROE COUNTY Vendor ID: VF596000749053 Beginning date of this A t: 08/29/16 Ending date of this A t: 12/31/21 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG ®CODE *ED *OBJECT *AMOUNT *FIN PROJECT *FCT *CFD (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ, *USER ASSIGNED ID *ENC LINE(6S) /STATUS ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Action: ORIGINAL Funds have been: APPROVED 55 062020629 *A9 *751000 * 105000.00 *43867719401 *215 2017 *55100100 *088719/17 0001 *00 * ------------------------------------------------------------------ *0001/04 - - - - -- TOTAL • 000.0 FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER W 08/31/2016 11102 n-1 EXHIBIT A This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports 3491 S. Roosevelt Boulevard Key West, FL 33040 1 MMSM1032MEMM 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-payrnent 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-payrnent by th; Department. Funds encumbered for this contract will be forfeited if not extended • March 3 1 " of the fifth fiscal year following the fiscal year of the encumbrance. Forfeiture • said funds may further results in termination or voidance of the contract. The District office shall visit each active project no less than once a year until the projeo is completed. When a project is completed, the District office will conduct a final site visit prior to processing the final invoice to verify that the work was completed in accordance with the JPA. All site visits shall be dOCLIrnented in the District project file. EXHIBIT B This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe COUnty Airports 9 S. Roosevelt BOUlevard Key West, FL 33040 mm3mz8mmm=- Din . . . . . . .. . ....... ...... .................. .. . - — ------- -- --- --- ESTIMATED TOTAL PROJECT COST: $210,000.00 OR LA I [a I V.-TV I LGIN MaximUrn Federal Participation FTA, FAA or EXHIBIT C This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and WPM =. a. 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 • tile terms, conditions, and assurances in the Agreement without the � ■ written a roval f the De%artment and will act 1ro • to ac�uire, extin;quish or modif-kj arip outstanding A rights • claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other 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. 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, marking, or lightina or otherwise mitigating existing-airoort hazards of future airport hazards. M 6. Airport Layout Plan: IUMM offsite areas owned or controlled by the Agency for airport purposes and proposed additions (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 proposei, extensions and reductions of existing airport facilities; and (3) Loca of all existing and proposed non areas and of all existing improvements b. Such airport layout plans and each amen dinent, revision, or modification thereof, shall be subject to 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 the circumstances existing at the particular airport taking into account Such factors as tile volume of traffic and econorny of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency 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 the air orv. the local ai.ritQrt sostem, or other local facilities which are owned or ofiierated bp the owner or olerat the airport and which are directly and substantially related to the actual air transportation of passengers or prop,jert or for environmental or noise mitigation purposes on or off the airport. Page S ���� Page 3 fflsw1/• 6 No Implied Commitments: Understand and agree t Department approval of this project Agreement or any planning material developed ospart of this Agreement does not constitute or imply any assurance nr commitment on the part ofthe 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: l. 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 5|OU.37A;FAA Order 5050.4A.; chapters 73 and 74, P.S, when property is acquired through condemnation; and section 286.23, Page 4 KM��� 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. I Page 6 vim MITO] A FINANCIAL PROJECT NO. 43867719401 CONTRACT NO. GOE45 Nim the resources awarded to tile recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program Should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., Eligibility requirements for recipients of the resources) • (Etc ...} NOTE: Instead of listin.g the specific compliance requirements as shown above, tile State awarding agency may laws, rules, regulations, etc. Tile State awarding agency, if practical, may want to attach a copy of the specific law, rule, • regulation referred to. FEDERAL RESOURCES Federal Age �c Catalog of Federal Domestic Assistance _(Number _&_jLaIe) Amount Compliance Requirements 1. 3. State Agency Catalog of Federal Domestic Assistance (Number & Title) Amount FDOT 55.004 Aviation Development Grants $105,000 i. in aevetoping auart proCeQUreS to ME curn7mnce IM ne rFqU1fC1l1C1nS C yrojecL, 0 It L 2 '' I I 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 of the requirements. Activities Allowed Zrr '� 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. (FOOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -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) x Ii , r, — .T , I n I W r 1 1 b I that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.