11-11RESOLUTION NO. 11-11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, AUTHORIZING
THE ADDITIONAL FUNDING AGREEMENT, INCLUDING
BUT NOT LIMITED TO, CONSTRUCTION OF A NEW
MULTI PLANE (CORPORATE) HANGAR AT THE
CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide additional funding, including but not limited to, the construction of a new multi
plane (corporate) hangar at the Clearwater Airpark under Joint Participation Agreement
Financial Project No.: 42068719401, Contract No.: AQ663, a copy of which is attached
hereto as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, Financial Project No.: 42068719401, Contract No.: AQ663, at the
Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of May 2011.
Frank Hibbard
Mayor
Attest:
It )I,Obj
Rosemarie Call
ity Clerk _
Assistant City Attorney
#. .. + 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT Page t off 14
Financial Project No(s).:
(item-segment-phase-sequence)
42068719401
42068719401
Contract No.: AQ663
CFDA Number: n/a
FLAIR 088719
Object Code: 750004
Org. Code: 55072020728
Vendor No.: F596000289002
CSFA Number: 55004
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Clearwater
P.O. Box 4748, Clearwater, Florida 33578
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before June 30, 2016 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
W I T N E S S E T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the department's participation through the aviation program in the construction of multi plane hangars at
the Clearwater Airpark. As required by section 215.971, F. S., this scope is developed to include but not limited to the
construction of a 9600 SF multi plane hangar at the Clearwater Airpark, storm water management improvements in
various forms, security enhancements, indoor and outdoor motion controlled digital cameras and digital video recorders,
and a new apron for air traffic access to the taxiway. The scope also includes design activities by the City of Clearwater
engineers, to mirror the design of the existing hangar.
and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
Fund: DPTO
Function: 683
Federal No.:
DUNS No.: 80-939-7102
n/a
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 75,000 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 60,000 as detailed in Exhibit "B", or i n an amount equal to the
percentage(s) of total cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding Q is 0* 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 4.00.
5.00 Retainage : Retainage O is * is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 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.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, 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.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OM B Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. 1 n the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Fed eral awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. 1 n the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
Copies of reporting packages for audits conducted in accordance with OM B Circular A-133, as revised, and required
by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
11201 N. McKinley Drive, Tampa, Florida 33612
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
11201 N. McKinley Drive, Tampa, Florida 33612
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
11201 N. McKinley Drive, Tampa, Florida 33612
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Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
11201 N. McKinley Drive, Tampa, Florida 33612
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
11201 N. McKinley Drive, Tampa, Florida 33612
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OM B Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred
include the Participant's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability 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 either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of
infrastructure such as airport runways the Department may waive or modify this section.
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Seven Public Transportation Office 11201 N. McKinley Drive, Tampa , FL,
33612 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 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.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
or services received under a contract or other arrangements which have not been approved in writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, 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 or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy
12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title Vlll - Civil Rights Act of '1968: Execution of this Joint Participation 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
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, 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.
"Material Interest" means direct or indirect ownership of more than 5 percent 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 or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
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.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project 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.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 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 hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such 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 facilities or equipment.
14.71 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.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement.negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
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17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
June 30, 2016 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated 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
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 413-5516.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
25.00 E-Verify: The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment eligibility of;
1. all persons employed by the Agency during the term of the Contract to perform employment duties within
Florida; and
2. all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with
the Department.
I 4
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Financial Project No(s).42068719401
Contract No. AQ663
42068719401
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Clearwater
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
Countersigned:
J
'rank V. Hibbard
Mayor /111"I
App
as t'form:
f
Camilo Ado 0
Assistant City Attorney
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
A0 VI i i I 1
LEG4 REVIEW
DEPARTMENT OF ANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
CITY OF CLEARWATER, FLORIDA
?.
BY:
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
FINANCIAL PROJECT NO.:420687-1-94-01
CONTRACT NO.: AQ663
DATE:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and The City of Clearwater,
P.O. Box 4748, Clearwater, Florida 33578
Referenced by the above Financial Project Number.
PROJECT LOCATION: Clearwater, Pinellas County
PROJECT DESCRIPTION: To provide for the Department's participation through the
aviation program in the design and construction of hangars at the Clearwater Air Park.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule
of project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
As required by section 215.971, F.S., the department will authorize payment based upon
periodic pay requests listing all work in-place that has been approved by the recipient's
project manager as meeting established standards of design or construction, as of the
payment request date. A cumulative project status update report shall be loaded into
JACIP or delivered to the department; once this is approved a pay request may be
submitted to the department. The pay requests shall be delivered by the agreement
recipient along with any supporting documents to the department. Upon completion of
the work, execution of the final change order, and submittal of all required project
completion documentation the final payment will be approved and the contract will be
closed.
FINANCIAL PROJECNO.:420687-1-94-01
CONTRACT NO.:AQ663
DATE:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and The City of Clearwater, P.O. Box 4748,
Clearwater, Florida 33578
referenced by the above Financial Project Number.
1. PROJECT COST:
$75,000
TOTAL PROJECT COST:
II. PARTICIPATION:
$75,000
Maximum Federal Participation
FTA, FAA ( %) or $
Agency Participation
In-Kind ( 20%) $ 15,000
Cash ( %) $
Other ( %) $
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) ( 80 %) or $ 60,000
Federal Reimbursable (DU)(FRA)(DFTA) ( %) or $
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST
$ 75,000
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
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FINANCIAL PROJECT NO.: 420687-1-94-01 (AQ663
EFFECTIVE DATE:
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the
State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal
government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and
compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project
Budget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida
Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a
facility developed; equipment acquired; or project items installed within a facility for an airport development or noise
compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights
and Airport Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property
acquired with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project
under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to
comply with the terms of the Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement
and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-
compliance and any corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued
financial commitment to this project and immediately require the Agency to repay the Department the full amount of
funds expended by the Department on this project.
10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's
eligibility for further state funding of airport projects by the Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority,
with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies,
guidelines, and requirements, including but not limited to the following:
a. Florida Statutes (F.S.)
• Chapter 163, F.S., Local Government Comprehensive Planning and Land Development
• Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
• Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
• Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
• Chapter 332, F.S., Airports and Other Air Navigation Facilities
Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
• Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance
Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection
Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports
I
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• Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
• Eight Steps to Building a New Airport
• Florida Airport Financial Resource Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Guidelines for Plan Development
2. Construction Certification: The Agency hereby certifies, with respect to a construction-related project, that all
design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as
Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not
limited to the following:
a. Federal Requirements
• FAA AC 70/7460-1, Obstruction Marking and Lighting
• FAA AC 150/5300-13, Airport Design
b. Local Government Requirements
• Local Building Codes
• Local Zoning Codes
c. Department Requirements
• Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the "Florida Green Book")
• Manual on Uniform Traffic Control Devices
• Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports"
• Standard Specifications for Construction of General Aviation Airports
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
• FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
• Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
7zs-040-15
AVIATION
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Page 3 of 9
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal
authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been
duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including
assurances contained therein, and directing and authorizing the person identified as the official representative of the
governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be
required.
2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient
funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida;
that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which
it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this
project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following responsibilities:
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the financial transactions related
to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in accordance with
Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in
accordance with the Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good
title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or
gives assurance, satisfactory to the Department, that good title will be obtained.
3. Preserving Rights and Powers
a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms and assurances of this Agreement without the written
approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable
to the Department, any outstanding rights or claims of right of others which would interfere with such performance
by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity 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 in accordance with the terms and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency 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 lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the
governing public authority or private land owner of the property to 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 lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding
property owners or pursue available legal remedies to remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03,
F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government
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EXHIBIT "C" OGCIA03
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adoption of an airport zoning ordinance or interlocal agreement with another local government body having an
airport zoning ordinance, consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural
or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport
operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or expansion of
airport incompatible land use areas.
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned future land use
development plans approved by the local government having jurisdictional responsibility for the area surrounding
the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had
reasonable consultation with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved
Airport Master Plan into the local government comprehensive plan.
Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent
with the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent
with the current, approved Airport Layout Plan (ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite
areas owned or controlled by the Agency for airport purposes and proposed additions thereto;
(2) The 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) The location of all existing and proposed non-aviation areas on airport property and of all existing
improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its
facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the
Department
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Department.
8. Airport Financial Plan
a. The Agency assures that it will develop and maintain a cost-feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the
Airport Layout Plan, and any updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of state and local
funding and likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are inconsistent with the local
government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint
Automated Capital Improvement Program (JACIP) online website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement or
operating costs of the airport, the local airport system; or other local facilities which are owned or operated by the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
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owner or operator of the airport and which are directly and substantially related to the air transportation of
passengers or property, or for environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that
will make the airport as self-sustaining as possible under the circumstances existing at the particular airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures
that the price charged for that facility will be based on the fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30
years.
11. Public-Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property
for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may
grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the
facility as the airport owner or operator may impose, subject to approval by the Department.
b. Duration of the terms or conditions in Section D11 a shall not exceed a period of 30 years.
12. Economic Nondiscrimination
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
(1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all
users of the airport as may be necessary for the safe and efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such
action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the
public.
b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such
airport and utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location that the
project will be located, designed, constructed, and operated so as to comply with applicable air and water quality
standards.
14. Operations and Maintenance
a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of
the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable federal and state agencies for maintenance and
operation, as well as minimum standards established by the Department for State of Florida licensing as a public-
use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere
with its use for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical
purposes must first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting
aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when adverse weather conditions interfere with safe airport operations.
15. Federal Funding Eligibility
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
EXHIBIT "C" OGCAVIATION-
AVIATION PROGRAM ASSURANCES Page 6of9
a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it
will avoid any action that renders the airport ineligible for federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport
projects.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport
project within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval by the
Department District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the
Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or
crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment,
fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but
not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or
storage, except for those normal airport providers responsible for standard airport daily services or during special
events at the airport open to the public with limited and controlled access.
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the
airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without
prior Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests
in the real property shown as airport owned or controlled on the current airport layout plan without prior written
approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of
any part of its title, rights, or other interest in existing noise easements or avigation easements on any property,
airport or non airport, without prior written approval by the Department. These assurances shall not limit the
Agency's right to lease airport property for airport-compatible purposes.
20. Consultant, Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and
subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a
record of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional
services.
21. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved
scope of services.
c. Make such material available for public review, unless exempt from public disclosure.
(1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 Florida Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the United States or any other
country.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
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EXHIBIT "C" OGCIA03
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d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it
will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the
airport and the Agency will comply with the Department airport master planning guidebook, including:
(1) Provide copies, in electronic and editable format, of final project materials to the Department, including
computer-aided drafting (CAD) files of the Airport Layout Plan.
(2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described
in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible
financial plan shall realistically assess project phasing considering availability of state and local funding and
federal funding under the FAA's priority system.
(3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program
(JACIP).
f. The Agency understands and agrees 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.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA
approval prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to
allow for adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
if this project involves the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(2) Secure written Department approval to execute each agreement for the purchase of real property with
any third party.
(3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar
days after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in
accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60
days of executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing,
within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department
within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332,
Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within
30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as
described in Chapter 332, Florida Statutes.
(4) If federal funds are not received for the land purchase and the state share of the purchase is less than or
equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no
reimbursement to the Department shall be required.
r ?? a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
EXHIBIT "C" AVIATION
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AVIATION PROGRAM ASSURANCES Page 8of9
d. New Airport: If this project involves the purchase of real property for the development of a new airport, the
Agency assures that it will:
(1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and
connecting taxiway within one year of the date of land purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the
terms and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of
this Agreement, the Agency assures that it will comply with the following:
(1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the
land is no longer needed for such purposes, dispose of such land at fair market value and/or make available
to the Department an amount equal to the state's proportionate share of its fair market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any
interest or right therein needed to ensure such land will only be used for purposes compatible with noise
levels related to airport operations.
(4) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any
airport-owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department financing of
the acquisition of the real property multiplied against the sale amount, and shall be remitted to the
Department within ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at fair market value as determined by
appraisal, and the contract for sale must be approved in advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement
to the Department shall include a proportional amount based on the value of the non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
(2) All design plans and specifications comply with federal, state, and professional standards and applicable
FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida
licensing as a public-use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by
the project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any and all other
engineering, construction, and contractual documents produced by the Engineer, which are hereinafter
collectively referred to as "plans", the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
0 .1 ' .1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15
EXHIBIT "C" AVIATION
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AVIATION PROGRAM ASSURANCES Page 9of9
(2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this
Agreement.
(3) The project Engineer shall perform a review of the certification requirements listed in Section 132 above
and make a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that:
(1) The Agency will provide and maintain competent technical supervision at the construction site throughout
the project to assure that the work conforms to the plans, specifications, and schedules approved by the
Department for the project.
(2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost
and progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary, as required by the
Department, for work which does not conform to Department standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management
program and that it will use such program for the useful life of any pavement constructed, reconstructed, or
repaired with state financial assistance at the airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. 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, the Agency shall enter
into an agreement with that government body.
(1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the
same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-
compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future actions
against the airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance
with the terms of the agreement.
,, ` ?
Exhibit D
725-030-06
PUBLIC TRANSPORTATION
01111
Exhibit D
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal 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., What services or purposes the resources must be used for)
• (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 elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific 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
Compliance Requirements
1.
2.
3.
STATE RESOURCES
State Agency
FDOT
Compliance Requirements
1.
2.
3.
Catalog of Federal Domestic Assistance (Number & Title)
Catalog of State Financial Assistance (Number & Title)
55004
Amount
Amount
60,000
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title)
Compliance Requirements
1.
2.
3
Amount
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
0 'M i t
Clark, Raymond
From: The job F1989WMR
Sent: Wednesday, January 26, 2011 3:41 PM
To: Clark, Raymond
Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AQ663
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AQ663 Contract Type: AG Method of Procurement: G
Vendor Name: CLEARWATER, CITY
Vendor ID: VF596000289002
Beginning date of this Agmt: 01/28/11
Ending date of this Agmt: 06/30/16
Contract Total/Budgetary Ceiling: ct = $60,000.00
************************************************************************
Description:
hangar development
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 072020728 *PT *750004
2011 *55100100
0001 *00
---------------------------------
TOTAL AMOUNT: *$
---------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN
DATE: 01/26/2011
60000.00 *42068719411 *683
*088719/11
*0001/04
-------------------------------
60,000.00 *
-------------------------------
M. NAITOVE, CPA, COMPTROLLER
1