17-30RESOLUTION NO 17-30
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, FOR GROUND
SERVICE EQUIPMENT AT THE CLEARWATER AIRPARK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding for ground service equipment at the Clearwater Airpark under Joint
Participation Agreement Financial Project No.: 432977-1-94-01, Contract No.: G0O77
(the Agreement), 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 Council hereby accepts and approves the Agreement between the
City and the State of Florida Department of Transportation, at the Clearwater Airpark,
and authorizes appropriate City officials to take all necessary action as may be
necessary or appropriate to perform all obligations and commitments of the City of
Clearwater in accordance with the provisions of the Agreement.
Section 2. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 5th day of October , 2017.
CkEerkc1crt .ias
Ap %roved // j • rm:
-ri/.i:
Ca
oto
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
STATE OR PURIM DEPARTMENT OF TRANSPORTATION
PUBUO TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
..725:430-01f.
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Financial Project Number(s):
432977-1-94-01
atern-seurnentshase-saisatence)
contract Number: G007
Fund: . DPTO.
Function: 215
Federal Number: WA
DUNS No.: 80-939-7102
CFDANUmher N/A Agency DUNS No 078307303
CFDA Title:
FLAIR Category: 088719
Object Code: 751000
Org. Code: 55072020728
Vendor No.: VF596000800011
CSFA Number: ••55.004
CSFA TdIe AviatiOn Grant Program
THIS JOINT PARTICIPATION AGREEMENT ("Agreement.), made and entered into: this day Of
, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, en
agency of the State of Florida, (Departmenr), and City of Clearwater , P.O. 89x 4748. Clearwater FL 33578 •("AgenCY).
The Department and Agency agree that all terms of this Agreement will be completed on or before and this Agreement will
expire unless a time extension is provided in accordance, with Section 16.00.
•WITNESSETH:
AM4EREAS, '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 areasof appropriate jurisdiction including the
implementation of an integrated and • bilarated transportation system and is, 'authorized under • 332.007 (Aviation , 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 in
Airport Ground Support Equipment Replacement at Clearwater Air Park
and, as further described in Exhibit "A' attached to and incorporated into, this. Agreement eProjecr), and to provide. Departmental
financial assistance to the Agency, state 'the terms and conditions upon which such assistance will be provided,. and 16 set forth
the manner in which the Project will be undertaken and completed.
tip Exhibits.. A,13,C & D are.attached and incorporated into this Agreement.
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2.00 Accomplishment of the Project:
:2.10 General Requirements'.. The Agency .shall commence, and complete the Project, with ail practical dispatch, in a sound,
economical, and efficient -manner, and..in:accordance with the provisions of -this Agreement; andall applicablelaws.
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, 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 suchh: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 Sulxnission of Proceedings, Contracts and Other Documents: The Agency shalt submit • to the' Department such data,
reports, records, contracts' and other documents' relating to the Project as the Department may require. -as listed in Exhibit "C"
attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly :basis .
The activity report will include details ofthe'progress.ofthe Project towards completion.
3.00'T.otal Project Cost The total estimated cost.ofthe Project is 100.000:00: This amount. is based. upon the'estimate
. summarized in Exhibit"B" attached to and, incorporated into this Agreement The.:Agency agrees to bear all expenses in excess
of the.total esiimated:costof-the Project and any deficits involved.
4.00. Project Costs: Participation and Eligibility:
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the
amount of 80.000.00 , as:detailed in Exhibit "13", or in an amount equal to the" percentages) of total cost shown in Exhibit "B!',
whichever is less.
4.11 Agency Participation (pion -State Sources). The Agency agrees to minimum participation, 'including contingencies,in the
Project in the amount of _ as detailed in Exhibit "B", or In an amount equal to the percentage(s) of the total cost shown in
Exhibit "i3",'whichever is More.
4.12 Federal Awards. The Agency, a non-federal entity, H is D is not a recipient of a federal award, as detailed in Exhibit `
4.20 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 participationin 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 15.00 of .this Agreement; Approval ofall plans, specifications, contracts or
-other obligating documents as required by the Department, and all other terms of this Agreement;
c) Department approval of costs in excess 'of the approved funding or attributable to actions which have not received the
required approval of the Department and all other terms of this Agreement;
d) Department approval of the Project scope and budget (Exhibits 'A" and "B') at thetime appropriation authority
becomes available.
4.30 Front End Funding. Front end funding D is El is :not applicable, if applicable, the Department may initially pay 100% of the
total allowable incurred Project costs up to an amourit:equal to its total share of participation as shown in paragraph 4.10.
5.00 Project Budget and Payment Provisions:
5:'10 The Project Budget Prior 'to. the execution of this Agreement, a Project schedule • of 'funding shall be 'prepared by the
Agency and approved by the Department The Agency shall maintain said schedule of funding, 'cart' out the Project, and shall
incur obligations against and make disbursements of Project funds only in: conformity with the latest approved schedule -.of funding
for the Project, attached and incorporated into this Agreement as Exhibit: "B." The 'schedule of funding may. be revised by
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execution of .a Supplemental Agreement between the Department and the Agency. The- Agency acknowledges and agrees that
funding for this Project may be reduced upon determination of the Agency's contract award amount. if revised, ''a copy of the
Supplemental Agreement shall be, forwarded to the Departrnenrs Comptroller.. Na increase. or' decrease shall be effective unless it
complies' withfUndparticipatien requirements of- this Agreernentand is ap.proverity theDepartmenrs Comptroller.
5.20.Payment Provisions: Unless otherwise allowed, 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. Payment shall be made only after receipt. and approval of
goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters
215 -and 216, .Florida 'Statutes. If the Department determines that -the .performance"of the :Agency is unsatisfactory, the Departinent
shall notify the Agency of the deficiency to be cOrrected, which correction Shall be made within a time -frame 46 be specified by the
Departinent. The Agency Shall, .within sixty (50) days after notice from the Department,. provide the Department with a corrective
action plan describing. how the Agency will address ail issues of Agreement nom -performance, unacceptable perfermance; failure to
meet the minimum performance levels, deliverable. deficiencies, 'or Agreement ricin-compllance. If the corrective action plan is
Unacceptable to the Department the Agency shall be assessed a non-performance retainage equivalent to of the total invoice
emeunt. The retalhage. Shall :be apPlied. to the invoice for the then.Current billing period. The .retainage, shall be withheld until the
Agency resolves the deficiendy. If .the deficiency is subsequently resolved, the Agency may bill the Department for the retained
amount during the next billing period. If the Agency is unable to. resolve the deficiency, the funds. retained may be forfeited. at the
end.of the Agreemenreterm.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project i in conformity with
requirements established by Department's program guidelinesfprocedure,s and "Principles for Slate and Local Govetnnients", 2
CFR Part 225, separate accounts to be Maintained within its Waling accounting system or establish :independent accounts; Such
accotints are, referred to herein collectively as the "Project account." Records of costs incurred under terms 'of this Agreement
shall be 'maintained in the Project account and made available upon request to the Department at all times during 'the period of this
Agreement and for five' (5) 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 Agency's general accounting records and the Project records,
together with supporting documents and records, of the Agency and all sub4ccinsultants performing work 'on the Project and all
other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any
litigation, dlaim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been reselved.
6.20 Costs incurred for the Project. The Agency shell 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 'net be considered eligible costs.
630.Documentetion of 'Project Costs.. All .costs. charged ki the Prefect, 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
Pro.Perdetall the nature and propriety of the charges.
6.40 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 accountwill be drawn Only in accordance with a properly signed voucher then on file in the office PC
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 dearly identified, readily
accessible, and, to the extent feasible, kept separate and apart from all other such documents.
6.50 Audits. The. administration .of' Federal or State resources awarded' through the .Department to the Agency by this Agreement
may. be subject to audits and/or monitoring by the. Department. The following requirements do not limit theauthority of the-.
Department to conduct or arrange 'for the: conduct of' additional audits or-eiraltiatiOns. of Federal awards or State financial
assistance or limit the authority of any slate agency inspector general, the State. of Florida Auditor General,. or any • other state'
official. The Agency shall comply with all audit 'and audit reporting: requirements as specified below.
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1. Federal Funded.
a) In addition to reviews of audits conducted in accordance with 2 CFR Tart 200, Subpart F - Audit Requirements,
monitoring procedures may include but not be limited to .On-site visits by Department Staff and/or other prodedUres
including, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain. to Federal
awardsprovided through the. Department by this Agreement By. entering 'trite 'this 'Agreement, the Agency agrees
to comply and =Operate fully with any monitoring procedures/processes deemed appropriate by the. Department.
The Agency further agrees 'to comply and cooperate, with any inspections, reviews, 'investigations, or audits
deemed necessary by the Depattirent. State of Florida.Chief Financial Officer 1CF0) or Slate Of Florida Aucdtor
General.
b) The Agency, a non -Federal entity as defined by 2 CFR Part '200, Subpart F 7 Audit Requirements as a
sUbrecipient of a Federal award awarded by the Department through this Agreement is subject to the following
requirements:
in the event the Agency expends a total amount of Federal awards equal to or in excess: of the
threshold established by' 2 CFR Part 200, Subpart F - Audit Requirements, the Agency Must have a
Federal single or program -specific audit conducted for such fiscal year in accordance with the
provisions of 2 .CFR Part 200, Subpart F - Audit Requirements. Exhibit D to this Agreement
provides the required Federal award identification inforMation needed by the Agency to further comply
with the requirements of 2 CFR Part 200, Subpart F - Audit Requiremente, In determining Federal
awards expended in a. fiscal year, the Agency must consider all sOurces 'of Federal awards bated on
when the activity related to the Federal award occurs; including the Federal award provided through the
Department by this: Agreement. The determination of amounts of Federal awards expended should be
in acCordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR
Part 200, Subpart F Audit Requirements, will meet the requirements of this part.
ii. In -connection with the audit requirements, the. Agency shall fulfill the requirements relative to the
auditee responsibilities:as provided in 2 CFR Part 200, Subpart F -Audit Requirements. -
Ili. In the event the. Agency expends less than the threshold established' by 2 CFR Part 200, Subpart F -
Audit Requrements, in Federal awards, the Agency is exempt from Federal audit requirements for that
fiscal year. However, the Agency must provide a single audit exemption statement' to the Department
at FOOTSinaleAuditadotstale.fi. us no later than nine months: after the end of the Agency's audit
period for each applicable audit year. In the event, the Agency expends less than the threshold
established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year
and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart .F
- Audit Requirements, the cost of the audit must be paid front nOn-Federal resources (i.e., the cost of
such an audit, must be paid from the Agency's resources obtained fromOther than Federal entities).
iv. The Agency MLitt electronically submit to the. Federal Wit Clearinghouse (FAC) at
httisitharvester.census.00v/facweb/ the audit reporting package as required by 2 CFR Part 200,
Subpart F Audit Requirements, within the earlier of 30 calendar'days after receipt of the auditor's
report(s). or nine: months after the end, of the audit period. The FAC is the repository of record for audits
required by 2 CFR Part. 200, Subpart. F - Audit Requirements. However ; the DepartMent requires a
copy of the audit reporting package also be submitted to FDOTSingleAuditedotstatetus within the
earlier of 30 calendar days after receipt of the aUditor's report(s) or nine months after the end of the
audit period, as required by 2 CFR Part 200, Subpart F - Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the
Agency'saudit reporting, package, including corrective action plans and management letters, to the
extent necessary to determine whether timely and appropriate action on all, deficiencies has' been
taken pertaining to the Federal award provided through the Department by this Agreement. If the
Agency'fails to have an, audit conducted in accordance with 2 •CFR Part 200, Subpart F - Audit
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Requirements, the Department may Impose additional conditions to remedy noncoihpliance. tf the
Department determines that noncompliance cannot be remedied by imposing additional conditions,
the Department may take appropriate actions to enforce compliance, whichactions may include: but
not be limited to the following:
1. Temporarily withhold cash payments. pending correction of the deficiency by the Agency. or more
severe:enforcement action by the Department
2. Disall W (deny both use of funds and any applicable thatching credit for) all or 'part of the cost of
the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal
awarding agency regulations (or in the case of the: Department, recommend. such a proceeding
be initiated by the Federal awarding agency);
5. Vyitiiiiold further Federal awards for the project or program;;
6. Take other remedies that may be legallyavailable.
As a condition of receiving this Federal. award, the Agency shall permit the Department, or its.
designee, the- CFO. or Siete: of Florida Auditor General access to die -Agency's records including
financial .statements,. the independent auditor s working papers and project records es necessary.
Records related to unresolved audit findings, appeals or litigation shall* be: retained until the action is
complete or the dispute is resolved.
vii. The Department's contact information forrequirernents underthis part is as follows'.
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
f DOTSintlieAuditedot.state.fl.us
2. State Funded
a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida .Stahites, monitoring
procedures to monitor the Agency's use of state financial. assistance may include but not be limited to on-site
visits by Department staff and/or other procedures including, reviewing any required: performance and financial
reports, following up, ensuring corrective action, 'and issuing management decisions 'on weaknesses found
through audits when those findings pertain to state financial assistance. awarded through the Department by this
Agreement. By entering into this Agreement, the Agency' agrees to, comply and cooperate fully with any
monitoring procedures/processes, deemed appropriate by the Department The Agency further agrees to comply
and -cooperate With . any inspections; reviews, investigations, or audits deemed necessary by the: Department, the
Department of Financial Services (DFS) or State of Florida Auditor General.
b) The Agency; a. nonstate 'entity as defined .by Section 215.97(2)(m), Florida Statutes, as a' recipient of state
flnancial'assistance awarded by'the.Depariment through this Agreement'is subject to thefollowing requirements:
i, in the event. the Agency • meets the audit threshold . requirements established . by Section 215.97,
Florida Statutes, the Agency must have a State single or project -specific audit conducted- for such
fiscal year .in accordance 'with Section 21.5.97, Florida Statutes; 'applicable rules of the Department of
Financial Services; and Chapters. 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit.
organizations), Rules pf the Auditor General. Exhibit. D to this Agreement indicates 'state financial
assistance awarded through .the Department by this. Agreement. heeded by the Agency to further
comply with 'the requirements of Section 215.97, Florida Statutes. In determining the state 'financial
assistance expended in a fiscal year, the Agency shall consider all sources' of • state 'financial
assistance, including state financial assistance received from the Department by this Agreement,
other state agencies and other nonstate entities..State :financial assistance does not include Federal
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direct or pass-through awards and resources received by a. nonstate entity for Federal program
Matching requirements.,
a. 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 -Pratt organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet. the audit threshold requirements established by Seddon
215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit
requirements of Section 215.97, Florida Statutes. However, the Agency must provide a audit
exemption statement to the Department at FDOTSintileAuditedastate.fi.Us no later than nine
months after the end of the Agendy'S audit petiod for each applicable audit Year. In the event the
Agency does not meet the audit threshold requirements established by Section 21597, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida StatUtes, the cost of the audit must' be paid from the Agency's resources (i.e.,
the cast of such an audit must be' paid from the Agency's resources, obtained from other than State
entities):
iv: In accordance with Chapters 10.550 (lOcal governmental entities) or 10.650 (nonprofit and for-profit
orgenilations)., Rules of the Auditor General, copies of financial reporting packages required by this
Agreement shall be submitted to:
Florida Departtnent of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32099-.0405
FDOTSinaleAuditadotstate.fLus
And
State of Florida Auditor General
Local Government Aix:lite/342
111 West Madison -Street, Room 401
Tallahassee, FL 32399,1450
flaudden localgoVt(a).atid.state.flus
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 21.5.97, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650. (nonprofit and fOr-profit. Organization's). 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 (lOcai governmental entities) or 10.650 (nonprofit, and for-profit
organizations), Rules of the Auditor .General, should indicate the date the reporting package was
delivered to the Agency in.dorrespondence.eccompanyingthe reporting package:
vii. Upon. receipt; ::and within six months, the Departthent will review the Agency's financial reporting
package, including. corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate .corrective action on all deficiencies has. .been taken
pertaining to the 'state. financial assistance provided through the Department by this .Agreement. If the
Agency fails to have an audit conducted consistent with Section 215.97, Florida. Statutes, the
Department may take. appropriate:corrective action to enforce compliance.
viii. Asa condition of receiving state financial assistance, the Agency shall permit the Departinent, or its
designee,. DFS or the -Auditor General access to the Agency's records including financial statements,
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the independent auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigatibn shall be retained until the action is complete or the
dispute is resolved.
3. The AgenCy shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five years from the date the audit report is issued and shall anew the Department, or its designee, DFS or State of
Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers
are made available to the DepartMent,. or its designee; DFS or State of Florida Auditor General, upon request for a
period of five years from the date the audit report is issued unless Wended in writing by the Department.
6.60 Insurance, 'Execution of this 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. The Department may. waive. or
modify this section as appropriate.
7.00 Requisitions and Payments:
.7.10..Action by the Agency.. in. order to obtain any -Department funds, the Agency shall tile, with the Department of TranspOrtation,
District SevenPublic _Transportation 'Office. 11201 North Malcolm NICKlneho Drive Tampa. FL , .33612-6403 „its requisition on
a form or forms prescribed by the Depertment, and any other data pertaining to the Project account (as defined in .Paragraph „ELIO
hereof) :hi juetify:and support the Payment requisitions.
7.11 Dellverablee. The Agency shall provide, the. following quantifiable, measurable and verifiable units of deliverables' as
established in Exhibit. "A." Each deliverable must specify the required minimum level of service to be performed and the criteria .for
evaluating successful ocimPtetion:
7.12 Invoices. invoices for fees or other compensation for services or expenses shed be submitted in detail sUfficient for a proper
pre -audit and post -audit thereof based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit
"A." Deliverables' must be received and accepted in writing by the Departments Project Manager 'prior to payments.
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in
writing by, the Department, and that the required minimum level of service to be. performed based on the criteria for evaluating
successful completion as specified in Section 2.01) and Exhibit "A" has been Met:
7.14 Travel Expenses. Invoices -for.any travel expenses by the Agency shall be submitted in accordance with Section 112.061,
Florida 'Statutes, and shalt be submitted on the Departments' Contractor Travel Form No. -300-000.06. The. Department. may.
establishrates lower than the maximum provided.in Chapter 112.061, Florida Statutes,
7.15 Property Acquisition. For'real property acquired, Submit:
a) The:date-the Agency -acquired the real property...
b) A statement by'theAgency- 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 --acqUieition :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 thereal. property.
7.20 The Department's Obligations. Subject to other :provisions of this- Agreement, the Department will horror requests' for
reimbursement to the. Agency pursuant to this Agreement. Rowel/et, notwithstanding -any other provision of this Agreement, the
Departnientrney elect by nOlice in writing not to make a payment if:
a) The Agency shall have Made misrepresentation of a material nature in Its application, or any supplement or
amendment to 'its application, 'or with respect to any document or data furnished with its application or pursuant to
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this Agreement;
b) There is any 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;
6) 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;
d) There has been arty violation of the conflict of interest provisions.contained In this Agreement;
e) The Agency, has been determined by the Depattrnentio be in default' under any of the provisions of the Agreement; or.
f) 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, incite:ling any and all federal financial assistance as detailed in
Exhibit '13;*
7313 Disallowed Costs. In detertnining the amount of the payment, the Department will'exclude all Project costs 'incurred 'by the
Agency prior to 'the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for: In
the. latest approved scope. and budget for the Project, costs 'attributable to goods or serVices received under a contract or other
arrangements Which have not been approved by the Department; and costs invoiced prior to receipt of annual notification of fund
availability.
.7:40:Payment Offset. It after Project completion, any -claire is made by the pepartment resulting from an audit or for work or
services .performed 'pursuant this Agreement, the Department may offset such' amount from* payments due for Work or seniices.
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 breachotcontract by the Department.
8.00 Termination or Suspension of Project:
8:10 Tertnination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues' the Prole* 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 ail 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.
8.11 Action 'Subsequent to Notice of Termination .or Suspension. Upon "receipt Of any -final termination or 'suspension notice
under this Section 8 the' Agency shall proceed 'premptly to carry out the actions required in. such notice, 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 coats; and, (3) remit to the Department such 'patio!) ef -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 shalt
be carried but in -conformity - with the latest' schedule, plan, and budget as approved by 'the Department or upon the basis of terms
and conditions impoSe.d by the Department upon the failure of the. Agency to furnish the schedule, plan, 'arid 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 regy otherwise have arising put of this Agreement.
8.12 Access • to Documents and Materials. The Department reserves the right to unilaterally 'cancel this Agreement for refusal by
'the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, .FlerideStatutes.
9.00 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.
10.00 Contracts of the Agency:
10:19 Third Party Agreements. The Department. specifically reservesthe right th review and approve any and all third party
contracts with 'respell to the Project before the Agency executes or obligates itself In any manner requiring...the disbursement of
Department funds, including consultant, purchase of commodities contracts or amendments thereto. if the Department chooses to.
review and approve 'third party contracts for this Project 'and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment blithe Department. as provided in Section 7:20(c). 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. If Federal
Transit Administration (FTA).funds are used in. the Pi-eject:the Departnient must. exercise the, ght to third party contract reviews
1120 Procurement of Personal Property and Services:
1011 Compliance with Consultants' Competitive Negotiation Act it is understood and agreed by The parties to this
Agreement 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 287.055,
Florida. Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172-, and .23 U.S.C. 112.. At the
discretion of the .DepartMenk, the 'Agency will involve the Department in the, Consultant Selection Process for all' projects funded
under this Agreement in all cases, the Agency's Attorney shall certify to the Department that selection hasbeen accomplished in
compliance with .Chapter 2874155, Florida. Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act ..
10:22.Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, Where said project involves the purchase of commodities or
contractual services or the :purchasing of capital equipment or the constructing and equipping of facilities, which includes:
engineering, deSign, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO
per Chapter 287.017, Florida Statutes, Is contingent' on the Agency complying in full with the provisions of Chapter 287.057, Florida
Statutes: The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has
been aiccemplished in compliance with Chapter 287457, Florida Statutes. It shall be the sole responsibility of the Agency to
ensure that any obligations made in accordance with this: Section comply with. the current threshold limits. Contracts, purchase
orders, task orders, contruotion change orders, or any other agreement that would result in exceeding the Current budget
contained in Exhibit '5", or that is not consistent with the Project description and scope of service's cOntained in Exhibit "A' must
be. approved by the Department prior te Agency execution. Faure tO obtain such approVal, and, subsequent execution. Of an
amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section
7.20(c).
10.30 DiegcNantaged Business Enterprise (DBE) policy and 01311gatlen. It is the polity» of the Department that DBE's, as
defined in 49 CFR Part 26, as amended, shall have the' opportunity to participate in the perthrinance of contracts financed in whole'
or in part with Department funds under this Agreement. The DBE requirements of applicable federal and 'state laws and
regulations apply to this Agreement.
The Agency and its contractors agree to ensure 'that DBE's have the opportunity to 'participate in the performance 'of this
AgreementInthis regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal 'end state. laws and regulations to .ensure that .the DOE's have- the opportunity 'to compete for :and perform
centracts. The Agency and its contractors and subcontractors shall not discriminate on thebasis of 'ratecolor. national Origin or.
sex in the. award and performance Of contracts', entered pursuant la this -Agreement
10;40 Procurement .of Construction Services.: if the Preject is procured pursuant to Chapter 255 for Construction services and at
the time of the competitive solicitation for the Project 50 percent or more of the cost of the Prefect is to. be paid from'
state -appropriated -funds, then the Agency must comply with The requirements of Section 255.099(1), Florida Slattitet.
11.00 Restrictions, Prohibitions, Controls,- and Labor Provisions:
11.10 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 tennination; rates. of pay or other' forms. Of
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compensation; and selection .for training; including apprenticeship: The Agency shall insert the foregoing provisionmodified: 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 taw 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.
11:20 Title VI - CMI Rights Act of 1964; Execution of this 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 %Stied thereunder, andTthe assurance by the Agency pursuant thereto.
11.30 Title VIII = Civil 'Rights Act of 1968.. Execution of this Agreernent constitutes a certification that the Agency will comply
with all the. requirements imposed. by Title' VIII of the Civil Rights Act of 1968 {42 U.S.C. 3601, St seq.), which 'among other things,
prohibits discrimination in employment en -the basis of race, cobr,• national origin; creed, sex, and age.
11,40 Americans with Disabilities • Act' of 1990 (ADA). Execution of this Agreement constitutes • a certification that the Agency
will comply with all the requirements imposed. by the ADA (42 U.S.C. 92102, et seq.), the regulations of the federal .government
issued thereunder, and the assurance by theAgency pursuant thereto.
1.1.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any
property includedor planned to : be included in the Project, with any officer, director or employee of 'the Agency,or any business
entity ofwhich the officer, director. or .employee- or the officer's, .director's or employee's spouse or child isan 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 bf them, has a Material interest.
a) 'Material Interest' means direct or indirect ownership of more than 5% of the total assets or. capital .stock of. any
business entity.
b) The Agency shall not enter into any contract :or arrangement in. connection with the Project 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 (2) years 'was an officer, director or employee of the.
Agency.
C) The. provisions of this subsection shall not be applicable, to- arty 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 Agencyehd an agency -of state government
11.60 Interest of Members. of, or Delegates to, Congress or Legislature. No member' or delegate to the. Congress of 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.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations. Execution of this' Agreement constitutes a. certification by the Agency that the 'Project will be
carried out: in _conformance with ail applicable environmental regulations including the securing of any' applicable permits. The.
Agency will be Solely responsible • for arty liability in 'the event of non-complliiance- with. applicable environmental regulations,
including the securing of any.applicable permits, and .will reimburse the Department'for'any loss incurred in connection therewith.
12.20 DepartMent Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other
than the Agency.
12.30 When Rights arra Remedies Not Waived. In no event shall themaking by the Department of any payment .to the Agency
constitute or beconstrued 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..
12.40 Serverebbity. 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 andrequirements of applicable law_
12.50 Bonus or Cominission. By execution of the .Agreement the Agency represents that it has not paid and, also, agrees not to -
pay, any bonus loreommission for the. purpose Ofcibtalning an approval of its application for the financing hereunder.
1.2.80.State or TiffiPprial Law, Nothing in the Agreement shalt 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 theDepartment 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 Projed.
1210 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 appteved by the Department The Agency further
agrees to maintain the Project facilitiet and equipment in good working Order for the utetil life of said facilities orequipment.
12.11 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as requited by 49 CFR Part 18, when applicable.
12.80 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 repiacernent with like facility or equipment for public transportation use, the AgericY 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 equipnient. 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. The Agency must
remit said preportional amountto the Department within one (1) year after the official date of disposal.
12:90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statutes, the Agency shall iriderriniff, defend,
and hold harmless the Deportment and All of its, officers, agents, and employees from any Claim, loss, damage, pest, charge, Or
expense arising out of any act, error, omisSion, or negligent act by the Agency, its agents, or eniployees, 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 emir, omission, or negligent act by the Department or any of its
officers, agents., or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver
by the Agency of any sovereign immunity protections that may be provided by Section 768.28„ Florida Statutes.
When the Department receives .a notice of daim 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 Wings to each Other within Sfourteen (14)' working days and will jointly discuss
options in defending the clairn. After reviewing the daim, 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 dalin as described in this seCtion.
The Department's failure to: promptly notify the Agency of a olefin shall not act as a waiver 01 any tight herein to require the
perticipatiOn In or defense of the claim by Agency: The Department and the Agency win each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. lloimeliet, if only Orie party participates in the defense of the 'c1airri at trial, that
party is responsible for all expenses at trial.
13.00 Plans and SpecificatiOns. In the event that this Agreement inv.ohies the .purchasing of *hal equipment or the constructing
and equipping of fealties, where plans and specifications :have been developed, the Agency shall 'provide. an Engineer's
'Certification that :certifies.- Project compliance as listed below, or in Exhibit "0-' if applicable. .For the plaps,. specifications,
construction' contract documents, and any and all other engineering, construction, and contractual documents produced by the
Engineer, hereinafter opliedivelyreferred to -as "plans"; the Agency Will certify that
a) All plans :comply With. federal, state; and professional standards :as well as minimum standards established by the
Department As applicable;
b) The plans were developedin accordance .with sound engineering and design principleS, and with :generally accepted
professional standards;
•759311'0g
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c) The plans are consistent with the intent of the. Project as defined in Exhibits "A! and "B" of this Agreement as well as
the -Scope of -Services; and
d) The plans comply with all applicable: laws, Ordinances, zoning . and permitting requirements, public notice
requirerrients, arid other similar regulations.
Notwithstanding the. provisions of thitparagraph,. the Agency; upon request by the .Department shaft provide plans and
.specifications.to.the Departmentfor reviewand approvals;
14.O0Project Completion, Agency Certification. The. Agency WM 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.
15.00 Appropriation of Funds;
15.10 Contingency of Payment The .State of Florida's•performance and obligation. to pay under this Agreement . is contingent
upon an annual appropriation by the Legisieture. if the Department's funding • for this Project is in multiple 1sca years, funds:
_approval from. the Depailthenfe Comptroller must be received each fiscal year prior to costs being Incurred. See EAR*. "B" for
fUriding levels. by fiscal year. Project costs utilizing these: fiscal year funds are not eligible for reimbursement . if incurred prior to
funds.approval being received. TheDepartinent will notify the Agency, in writing, when fUndt..are avellable..
15.20 Mufti -Year Commitment. In the event this Agreement is in excess of $25,000 and has a term :for e period of more than one
(1) year, the provisions of Chapter -339.135(8)(a); Florida StatuteS, are hereby incorPorated:
The Department during any fiscal year, .shall not expend money, incur any liability, or enter into any Contrail which;
by its terms, involves the expenditure of Money in excess of the amounts budgetedas 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 alt contracts of the Department which are fOr an amount
in. excess of $25,000.and which have a term fora period.of morethan 1 year."
16.00 Expiration of Agreement. The Agency agrees to complete the Project On or before . 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 Department prior to expiration of this Agreement. Expiration of this:Agreement will be contidered
termination of the Project and the procedure established in Section 8.00 of this Agreement shall be initiated. The Cost of any work
performed after the expiration date of this Agreement will not be reimbursed by Department.
16.10 Final invoice. The Agency Must submit the final invoice on this Project to the Department .within 120 days after the
expiration of this Agreement.
17.00 AgreeMent Format All words used :in this Agreement in the singular form shall extend 'to :and include the. plural. Ali .words
used in the plural form shall extend to and Include the Singular. Alt words used in any gender shalt extend to and include all
genders.
18.00 Execution .of Agreement.: this Agreement may be simultaneously executed in. a minimum of tWo counterparts, each of
.which so executec.shall be deemed to be an original,. and such counterparts lOgether shall constitute:one inthe same instrienent
19.00 Restrictions on Lobbying:
19.10 Federal. The Agency agrees that no federally -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 fedetal' agency, a Member of
Congrets, 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,
7z5-03ao6
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Page 13 or 15
and'the extension, continuation, renewal, amendment or Modification of any federal contract, grant, loan or cooperative agreement.
If any funds. other than federally -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 effiicar• or employee of Congress, 'or an
employee of .a Member of Congress in connection with this Agreement; the undersigned .shall complete and submit Standard.
Form -LLL, "Disdosure.ef Lobbying Activities, .in accordance with its. instructions.
The Agency shall require that the language: of this section be included in the award documents. for elf sub -awards at alt. -tiers
(indudlrig subcontracts, sub -grants, and contracts under .grants, loans. and cooperative agreements) and that all :sub-
recipients
shall certify. and. disclose accordingly.
19.20 State. No funds -received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a
state agency.
20:00 Veridors Rights. The Agency providing goods and services to the Department should .be aware of .the'following time frames:
a) The Department has • 20 days to deliver a request for payment (voucher) to. DFS. The 20..days are measured from. the latter
of the date the invoice is received or the .date the goods or services are received, inspected, and approved.. Approval and
inspection of goods.or services shall take no longer thari:20 days.followingihe receipt of acompieete•and aaxirate invoice.
b) If a payment is not. available within 40 days, then a :separate interest penalty at a rate established pursuant to Section
55:03(1), Florida Statutes, will:. be .due .and payable, in addition to the invoice amount,. to the Agency. The 40 days are
measured front the latter of the date the invoice is received or :the date the goods or services are received, inspected, and
approved. Interest penalties of less than one (1) dollar Will net be enforced unless the Agency requests payment. invoices
that have lo be returned to . the Agency because of Agency preparation errors will result in a delay in the payment The
invoice payment requirements do not start untfi a properly completed invoice is provided to the Department. A Vendor
Ombudsmen has been established within :DFS. The duties of this individual inciUde acting as an advocate for Agencies.
who may be experienccing problems in obtaining timely payment(s). from the. Department. The Vendor Ombudsman may be
contacted at.(850) 413-5618:
21.00 Restrictions, Prohibits; Controls, and Labor Provisions. During the peiforrnance . 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:
a) A person or affiliate who has. been placed on the convicted vendor fist 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 mai 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 Section 287.017, Florida Statutes for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been. placed on the discrir inatory
vendor list may not submit a bid on .a contract to provide any goods or services to a pubic:. 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.
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
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any member; officer or employee of the Agency or the locality during tenure or 'for two (2) years thereafter has any
interest, erect or indirect. if any such present or former member, officer or .employee. involuntarily :acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disdosed to. the
Agency, the Agency, with prior approval of the Department, may waive theprohibition 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 beincluded in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
'No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereon."
The provisions .of this paragraph shall not be applicable to any agreement between the Agency and its: fiscal
depositories or to any agreement for utility services the rates for which are .fixed 'or controlled by a governmental
agency.
23.00 Employment Eligibility (Using E -Verify). AgencyNendors/Contractors:
a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the erripioyment eligibility of all new
employees hired by the Agency during the term of the Agreement; and
b) Shall expressly require any contractors and subcontractors performing work; or providing services pursuant to the:
Agreement to likewise utilize • the U.S: Department of Homeland Security's E -Verify system tb verify• the employment
eligibility of at new employees hired by the contractor or subcontractor. during the Agreement term.
24.00 inspector General Cooperation. The Parties agree to comply with Section 20:055(5), Florida Statutes; and to incorporate
in all subcontracts the obligationto comply with Section 20.055(5), Florida Statutes.
25.00 Maintenance of Project The Agency. agrees lo maintain any projectnot on the State Highway System .constructed under
this Agreement.
26.00 Federal. Grant Number. If the Federal grant number is not .available prior to 'execution of the Agreement, the Department
may unilaterally add the Federal grant number to. the Agreement without approval of the- Agency and Without an amendment to the.
Agreement. If this. occurs;. an updated .Agreement that includes the .Federal grant number will be provided to the :Agency and
uploaded to the Departnientof Financial Services' Florida Accountability Contract Tracking System (FACTS),
IN WITNESS WI-IEREOF, the parties hereto have caused these resen be executed, the del,
AGENCY
City of assowater
DEPARTMENT
Mani Jones, P.E.
year first above written.
725410.08
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AGENCY NAME DEPARTMENT OF TRANSPORTATION
SIGNATORY (PRINTED OR TYPED)
SGMAThRE
TITLE
George N. Cretekos
Mayor City Manager
Director of Transportation Developrrient
TE
•
See attached Encumbrance Form for date of
Funding Approval by Comptroller
William B. Home, II
Approved as to form: Attest:
Camilo A. Soto
Assistant City Attorney
Rosemarie Call
City Clerk
Financial Project No. 432977-1-84-01
Contract No. G0077
Agreenient Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhbit forrns an integral part of that certain joint Participation Agreement between the State of Florida,
DepartMent of Tranaportallon and City of Clearwater'
P.O. Box 4748,'Clearwater FL 33578
referenced by the above Financial Project Number.
PROJECT LOCATION;
Clearwater Air Park
PROJECT DESCRIPTION:
Airport'Ground Support Equiptnent Replacement at Clearwater Alrpark. Thetractdr Will include an eightltiot pull behind
mowing attachment and a front end loader attachment The contract will:also include -the delivery of this support equipment
as Specified products.and serviceerelated.to-the delivery and set up of the.support equipment
SPECIAL CONSIDERATIONS BY AGENCY:.
The.auditsrepotl(s) required in paragraph 6.50 of the Agreement .shall indUde.a schedule of project assistance that will reflect
the Department's contract number, Financial Project Number and the Federal IdentifidatiOn 'number, where' applicable, and
the iarnount-of state funding action (receipt -and disburserrient of funds) and any federal Or local funding action and the fUnding
. action from any othersource with respectto the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Page 1 of 2
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
. As required by section.215.971, F.S., the department willeuthori4e.payment base upon thathave been approved
by the recipient's projectmanageres meeting established standards of design or construction, as of the payment request
date. The.pay. requests shall, be delivered by the.agreement recipient along with any supporting dottiments and: a'cumulative.
project status update report the -Department, Upon completion Of theWork, 'execution of thefnal change order, and submittal
of all required project completion dodumentation the final payment will be approved and the be Closed. The
deliVerable that must be provided and completed by the recipient andaccepted by the'Department prior to payment are:
▪ Reid* of existing documents
• Site
• Coordination Meeting
• WS, Cdnitn,iction Plans.
• .80 %ConstruCtion Plans.
• 90% Construction.Plans
7 100%.Construction Plane
•
FinalConstruction Plans
▪ Complete Quantity TaiceOff
• Final Construction exist table
• Final Technical Specifications
• Finald�cuments Completed
• Bid Documents Completed
• Pe -Bid Conferences Completed
• Bid Review
• Bidd.or Reference Checks Completed.
These deliverables will only be accepted when plans, photos and any testing of the work completed has been submitted to
the DePartrrient, The final product must be accepted by the recipient as acceptable based upon common principles of
construction.
Pitig0 2 of 2
Financial Project No. 432977-1-94-01
Contract No: 00077
Agreement Date.
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral partof that.certain Joint Participation Agreement the State of Florida,
Department of Transportation and City of Clearwater
RO, Box 4748. Clearwater FL 33578
referenced' by the.above Financial Project Number.
PROJECT COST: $100,000.00
TOTAL PROJECT COST: $100,000.00
U. PARTICIPATION:
Maximum Federal. Participafion
FAA ( 0 %) or $ 0.00
A96TicY ParticiPat.ibn.
In -Kind( °A). or
Cash ( 20 %) cir $ 20,000.00
Other ( %) or $
Maximum DePartinerit.Parildpation,
Primary
DPTO ( 80 %) or $ 80,000.00
Federal Reinibursable ( %) or .$
Local Reinibursable ( %) or $
TOTAL PROJECT COST: $100,000.00
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
Financial Project No: 432977:1-94-01
7240-15
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Contract No. G0077
Agreement Date
This eachibitforrns an integral part ofthat certain JOint Participation Agreement between the State of Florida,
Department of Transportation and Citi? of Clearwater'
P.O.Box 4748. Ctearwater FL 33578
A. General
1. The assurance s herein Shaliform 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 rp 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 Exhibitlat"Project Budger, as well as serving
to protect public investment in public -use airports and the Continued viability of the Florida Aviation System.
3. TheAgency shall comply with -the assurances as specified in this Agreement
4„ The tents and assurances of this Agreement:shall remain in full force arideffect throUghotit the useful life of a facility
developed; equipmeritacqUired; or projett iterns installed within a facility..fOran airport development or noise compatibility
program grilled, but shall not.exceixt20yearsfrorn -the effectiVe-dete-olthisAgreement
5. There.shall be no limit on the duration on the terms andassurances of this Agnaernent regarding ExclusNeRights 'and Airport
Revenue so long as the properly is used as a publicairporl
6: There shell he no lirniton the: duration of the teraisendassurances of this Agreerrient with respett to real propertyacquired
with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to ccimply 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 widh the terms
of the Agreement and/or these asp:trances:
8.. An Agency that hasbeen determined by the Department -to have failed to comply with.the terms of the Agreententand/or
these.assurances shall be nottfied, in writing, by -the Departrnent,.identifying the specifics of the non-complianCe and any
corrective -action by theAgency to: remedy ihefailure.
9. Failure by the Agency to satisfactorily remedy the non-campliance shaft absolve the Departnienfs 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 aricilor assurances will jeopardize the Agency's eligibility for
further state funding of airport projects by the Department
B. Agency Compiiance Certification
1. General Certification: The Agencyhereby certifies; With respect to this project, it will compty, within itsauthonty, with all
applicable„ current taws and roles of the State.OfFloride and local government, as well as Department polities, guidelines, and
requirements, including but not limited to the following (latest version of eath-.dtacuMent):
a. Florida. Statutes (F.S.)
- Chapter 153, .F.S., Local Government Comprehensive Planning and:Land. Devetoprinent
- Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
Pae1 of it
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES.
- Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
- Chapter 331, F.S.; Aviation and Aerospace Facilites and Commerce
Chapter 332, E.S, Airports and Other Ail Navigation Facilities
- chapter 333, F$., Airport Zoning.
b. Florida Administrative Code (FAC)
, Chapter 73C-41,•FAC, Governing the Procedure for the Submittal and Review. of Local Government:Comprehensive
Plans and ArrienciMents.
- Chapter 14-60, FAC,.Airport Licensing, Registration,.and Airspace Protection
- Section 627250.3(0(5).FAC,:Open SUming, Prohibitions, PubliC Airports
- Sectitin,62,701.320(13),FAC, Solid WaSteMariagernent, Perniitting, Airport Safety
c. Loctil*Govemment Requirements
-Airport Zoning Ordinance
- Local Comprehensive Plan
d. .Department Requirements
-.Eight Steps to Building a New Airport-
-.FIcirida Airport Revenue Use Guide.
- Florida AviatiOn.Project HandbOok
Guidebook for Airport Master Planning
AirpOrt.Cornpatible Land Use Guidebook.
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2. Construction Certification:, The Agency hereby certifies, with respect to a cOnStruCtion-related project.that all design
plans anctspecifications will comply with.aOplicablefederal, state,, local, and professional standards as well as Federal Aviation
Administration (FAA) Advisory Circulars (AC's) and FAA issUed•waNere thereto, including but not limited to the.foirowing:
a. Federal Requirements
- FAA AC 70/7460,1,Obstruction Marking and Lighting
- FAA AC 150/5300,13,•Airport Design
- FAA AC 150/5370-2, Operational Safety on Airports During Construction
- FAA AC 150f5370,10, Standards for Specifying Construction of Airports
b. Local Governineht Requirementt
- Local Building. Codes
- Local Zoning Codea.
c. Department Requirements
page 2 of 11
EXHIBIT "P"
AVIATION PROGRAM AS$URANCES
- .Manual of LinifOrrn Minimum Standards -for Design, Construction and Maintenance for Streets and.Highways
(Conimonly Referred to as -the -Florida Green- Borik")
- 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
- Design Guidelines &Minimum Standard Requirements for T -Hangar Projects
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3. 'Land Acquisition Certification: • The.Agency hereby•dertifies, regarding land aoqiiisitiOn; that it will comply with applicable
federal and state Polidiek regulations, and lawt,triclUding but not limited to.the foltowing;
a: Federal Requirements.
UnifornrRelocation Assistance and Real Property Acquisition Policies Actof 1970
NatiOnal Environmental Policy' of 1969
- FM Order 5050.4, National Environmental Poky Mt Implementing instructions for Airport projects:
- FM Order 5100.37a, Land Acquisition and Relocation Atsietande for Airport Projects
b. Florida Requirements
- Chapter 73, .F.S.,.Eminent Domain (re; Property.kqUired Through CondernnatiOn)
Chapter74, F,S., Proceedings :Supplemental to Eminent Domain (re: Condemnation)
--SettiOn 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies; with respedt 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 sinillar action has been duly adopted or
passed as an official act of the airport sponsor's governing body authorizingthis Agreement, including assurances contained
therein, arid directing and authorizing the person identified as the official representativeof 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 respectt� this prOject Agreement, that it hes stifficient funds
available for that portion of the project costt which are not paid by the U.S. Govemment 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 durrently. 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
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, andAudit Requirements for Federal Awards and
Section 21:5.97; :ES., Florida Single Audit Act:
Page 3 of 11
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AVIATION PROGRAM ASSURANCES
c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
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a. The Agency holds good title, satisfactory to the Depattment, 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 spentoes property, the Agency hokis good title,
satisfactory to. the Department, to that pOrtion ofthe property upon which state funds will be expended, or gives
assurance, satisfactory to the: DepartMent, that good title Wilt be obtained:
3. PresierVing.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 oftheterms and assurances of this Agreement without thswritteri 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.theAgency.
b. If an arrangement is madetor management andtpotation ofthe airPotttyahy entity orperson other than the
Agency pram employee ofthe Agency; the Agency Will reserve sufficientrights and authority tO ensute 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 airpoit hazards located -on airport controlled property, the Agency -will clear and protect terminataIrspeca
required for instrument and visual operations at airport (including established minfinurnsflight.allitudes) by removing,
lowering, reloceting, marking, or lighting or otherwise mitigating existing 'airport hazardsand 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
publicauthority or private land owner ofthe property to dear and protect terminal airspace required for instrument and
visual operationaatthe airpoui (indudng established minimum flight altittides) 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 t6 remove potential hazards to air navigation.
5, Airport Compatible Land Use
a. The Agency assures thatappropriataaitport zoning ordinandes.are.in place Consistent with Section 33003, F.S.,
"Airport Zoning", or if not in place, that it Will takSappropriate action necessary to ensure local governtnentad6ption of an
airport zoning ordinance or intenocatagreement with another local government body having an airport zoning ordinance,.
consistent with the provisions of Section 333.03, F.S.
h. The Agency assures.tnat it will disapprove or oppose any attempted alteration or creation of objects, natural or
man-made, dangerous to navigable airspace or thatwould adversely affect the current of TutUre !vela 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 orfuture 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
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
consultation with those. parties affected by the project_
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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:
7. 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 bythe terms and assurances ofthis.Agreement, is consistent with
the current; approved Airport Layout Ptan'(ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offslte 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),.indudiing all proposed extensions and reductions of existing airport
facilities; and
(3) The Iocation ofali .existing end proposed non aviation areason airport property and of al existing improvements
thereon:
c The Agency assures that tfiwill 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 anct 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
liketihpod 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
.govemnient cornprehensive. plan.
. b.. All project.cost estimates. contained In -the financial plan shall be entered Into.and kept current in the Florida Aviation
Database (FAD) Joint Automated Capital improvement Program (JACIP) website..
9. Airport Revenue
The Agency that all revenue generated by theairport will be expended for capital.improventent or operating costs
of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of
the airport and which are directly and substantially related to the air transportation of passengers or property, or for
environmentalor noise mitigation purposes on or off the airport.
10. Fee and Rental Structure
a, The Agencyassuresthat it will Maintain a fee and rental structure for facilities and services at the airport that will
makethe airport as self-sustaining as possible under the.circumstancesexisting at the particular airport:
b. If this Agreement results ina facility that wilt he leased or otherwise produce revenue; the. Agency assures that the
Page 6 of 11
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
price charged for that facility will be based on the value.
11. 'Public -Private Partnership for Aeronautical Uses
a.• lithe airport owner or operator and a person or entity that ownsan 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
storageor tenant use at the expense of•the aircraft owner or tenant, the airport owner or operator may granite) 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.
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b. The price charged for Said lease will be basedon market value,. unless otherwise approved byihe Department.
12. Economic Nondiscrimination
a, The Agency assures that it will make the;airport available as an airport for public use an reasonable terms without
unJust discrimination .to all types; kinds and lasses of aeronautical activities, including commercial aeronautical
activities .offering services to the. public.
(1) The sponsormay establish such reasonable, and hetunjustly discriminatory, conditions to be met by alt users
of the airport as may be• necessary for the safe and efticientoperation of the airport.
(2) The sponsor may prohibit or limit anygiven.type, kind or class .of aeronautical use of.•the airport if such action is
necessary for the safe.operetion of the aiiport•or necessary to serve the civil aviation needs. of.the• public.
b. The Agency assures that each airport.Fixed-Based Operator (FBO) shall be •subjectto the sarne.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.sirnilar"facilities.
13. Air and WaterQuality Standards
The Agency assures that in projects frwolving airport location, major runway extension, or runway location that the
project will be iocated, designed, constructed, and operated so as to comply with applicable air and: water quality •
standards.
14. Operatlans'and Maintenance
a The Agency assures•that.the airport end all.fadlities, which are necessary to serve the aeronautical users of the
airport, shall be operated at alltimes.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 Agencyassuresthat'itwil not cause.or perrniit any activity or action thereon which would interferewith 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 thatthe:airport be operated for aeronautical use during
•temporary periods when adverse weather renditions .interfere with safe••airport operations.
15. Federal Funding Eligibility
a. The Agency assures'it will take eppropriateactions to maintain 'federal funding:.eligibility' for the.airport and it will
avoid any action. that.rendersthe airport ineligiblefor federal:funding.
b. Ineligibility for federal funding of airport projects will render the Agency :ineligible for state.fending of airport projects.
Page 6 of 11
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AVIATION PROGRAM ASSURANCES
16; Project implementation
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a. The.Agency assures -that -it will begin making expenditures or incurring. obligations pertaining to this airport project.
within one year after ihe.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 wi1i riot permit any eXctusiveright 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 grantor allow general easement or public access that opens onto or crosses the
airport runways, taxiways; dight. fine, passenger facilities; or any area used foremergericy equipment, fuel, supplies,
passengers, man. and freight, radar, communications, utilities, and landing systems, including but not limited to flight
operations, ground services, emergency services,iterminal facilities, maintenance, repair, or storage, except for those
:normal airport providers. responsible for standard airport.daily services or duringspecial events at the airport open to.ttie
public with Whited and controlled access.-
b.
ccess.
b. The Agency 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; orotherwise controlledby the. Agency without prior
Department approval.
19..Retention of Rights and Interests
The. agency will not sell, tease, 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 notsell, lease, encumber, terminate, waive; or otherwise transfer or dispose of any part of its title;
rights, .or otherinterest in existing noise:easeinents or avigatiion.easements on any property, airport or non airport,
without prior written approval by the Department. These assurances Mall 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 thespecific consultants, contractors, or subcontractors have a record
of boor 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
For alt planning. projects' or other aviationstudies, the Agency assures.that it will:
..a. Execute the: project per the approved project narrative or with approved,modifications.
. b. Furnish the !Jeparimentwith such:periodicproject and work acctivityreports as indicated in the approved scope of
SerVICeS.
c. Make. such Materiatavailable for public review; unless exempt from public disclosure.
rage 7 of 11
EXHIBIT "C"
•AVIATION PROGRAM ASSURANCES
(1) information related to airport security is considered restricted information and is exernpt from Public
dissemination pel•Sections 119..071p and 331.22 Florida Statutes.
(2) No material prepared underthis Agreementahall be subject to copyrightin the United Stales orany other
Country.
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d. Grant the Departirent unrestricted authority to publish, csdose, distribute, and otherwise use any of the material
preparedin connection with this Agreement_
e. if the project involves developing an:Airport Master pian 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 vft.h the Department airport master planning guidebook, including:
(1) Provide copies, in eleCtronic and editable format, of final project materials.to the Department, including
computer,aidect drafting (CAD) Iles of theAirport Layotit Plan.
(2) Develop a coat -feasible firiancial.Plan, aPproVed by the Department, to accomplish the projects deScribedin the
Airport Master Plan or depicted in the Airport Layout Plan,: and any updates thereto: The coat -feasible financial plan
shallrealistically assess project.phaeing.Coriiidering availability of state and local funding and federal funding under
the FAA's priptity system.
(3) Enter all projects contained.in the coat -feasible plan in the.Joint Automated Capital Improvement Program
(JACIP).
TheAgencrunderstands and agrees that Department approval of this project Agreement or any planning material
developed at -Part of this Agreement does not constitute oriMply any assurance or Cornmittent on the part ofthe
DepartmenttO approve any pending. or future aPplication for stale aviation funding:
g. The Agency will submit master planning. draft and final deliverables for Department end, if required, FAA. aPproval
prior to submitting any Invoices tothe. Department for payment.
h. TheDepartment may extend. the5day. requirementior the approvatand inspection. Ofgoods and services to allow -for
adequate timefor review (reference Section 215.422(1),. F.S.)..
22: Land Acquisition Projects
For the purchase of real property, the Agency assuresthat it
a_ Laws: Acquire the land in accordance with 'federal and state law'sgoverning suchactiOn.
b. Administration: Maintain directcontrel of project adrninisbation, inducring:
(1) Maintain responsibility for all related twitted letting and adMirristrative procedures.
(2) .Secure written Departmentapproval tOaxecule. each agreement kir the. purchase of reel property with any third
•
party.
(3) Ensure a qualified; State certified general appraiser provide§ all necessary services and docurnentation.
(4) Fumish the D.epartment with a projected schedule ofevents and a cash flow.projection within 20 calendar days
after Completion of the review appraisal_
(5) . Establish a PrOject acCOurit for thepurchase afthe land.
(6) Collect and disburse federat, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by thia.Agreement is reimbursable for land .purchase in accordance with
Chapter 332; Florida Statutes, the Agency will comply with the following requtrements:.
Page 8 oil 'I
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(1) The Agency shat/ applyfor. a FAA Airport Improvement Program grant for the land purchase within 60 days of
executing this Agreement.
(2) if federal funds'arereceived 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 norma project federal, state, and local funding shares per Chapter 332, FloridaStatutes.
(3) if federal funds are not received for the landpurchase, the Agency shall reimburse the Department within 30
calendar days after the: reimbursable funds are due in order 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 dial/ lie. required.
d. New•Airport if this project involves the purchase of real property forthe development of a new .airport; the Agency
assures that it will:
(1) Apply forfederal 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 arid:
assurances of this Agreement wiihiin 10 years of acquisition.
f. Disposal of Land: For. the disposal of real property. 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 market value:
(2) Land shall be considered to be needed for airport purposesunder this assurance if:
(a) It serves aeronautical purposes; e.g. riunwayprotection zone or as is noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-;suffrdency.
(3) Disposition of land under Section 22f(1) or (2), above, shalt be subject to retention or reservation of any interest.
or rlghttthereln needed to ensure such land will only be used for purposes compatible with noise levels related to
airport operations:.
(4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as
outlined in Section D:9.
(5) For disposal of real property purchased with Department funding:
(a) The Agencywill 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 thereat property multiplied against -.the sale amount, and shall be remitted to the Department within.
ninety (90) days _of dosing of sale_
(c) Sale of real property acquired with Department funds shall be al.market value as determined by appraisal, and
the contract for sale must be approved.in advance.by the Department
Page 9 of 11
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(d) If any Portion of the proceeds from the sate to the Agency is non-cash considerations, reimbursement to the
Department shall include a proportional amount based on the value of the non-cash censiderations.
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23. Construction Projects: The Agency assures that it wilt:
a. ProJectCertlfications: Certify project compliances, including
(1) Consultant and contractor seledtkin comply With all applicable federal, state and bail laws, rules, regulations,
and policies.
(2) All design plans and specifications comply%iiith federal, state, and professional standards and applicable FAA
advisory circulars, as well as the minimum standards established by the Departrnent for State Of Florida:licensing as
a public -446e airport.
(3) C.ompleted:Constructio.n complies with all applicable:Coca( building .codes.,
(4) Completed construction complies with the project plans and spetifications with certification of that fact by the
project Engineer.
b. Design Development For the plans, speciffcatiens, consthiCtkin contract docurnents, and any and all other
engineering, construction; and contractual documents produced by the Engineer, which are hereinafter collectively
referred to as !plane, the Agency wfifcertify thaE
(1) The pians shall be developed in accordance with sound engineering and design principles, and with generally
accepted professional standards.
(2) The Paris shall be consistent With the Intent of the project as defined in EXhibitA and Exhibit B of thit
Agreement.
(3) The project Engineer shall perform a review of the 'certification requirements listed in Section B2 above and Make
a determination as to their applicability to this project.
(4) Development of thelplans shall comply with all applicable laws, ordinances; zoning and perrnitting requirements,
public notice requirements, and other similar regulations:
c Inspection and Approval: The Agency assures that:
(1) The Agency will 'providie.and Maintain competent technicaisupervision at the construction sitethroughoutthe
project to assure that thewOrkconforrns to the plans; specifications, and schedules approved by the Department for
the project..
(2) The Agencyassures 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 wilt take the appropriatecorrective 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 PrOjeCtt: The Agency assures that it will:
a, Government Agreements: For all noise compatibility projects that are carriedout byanother unit of boa!
government or are on property owned by a unit of tical government other than the Agency, the Agency shall enter into an
agreement with that government body.
(1) The lOcal agreernent, satisfactory to the Departrnent, shall obligate the unit -of local govemmentto the same
Page 10 ofil
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
terms and 'assurances that apply to the Agency.
725Lo44.15
AVIATION
OGG -93/15:
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial nOn.cornpliance
with the terms ef the agreement
b. Private Agreements: For Poise 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
Financial Project No. 432977-1-94-01
Contract No. G0077
Agreement Date
EXHIBIT "D"
.STATE FINANCIALASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE. STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION.215.97; FLORIDA STATUTES;
Awarding Agency: Florida Department of Transportation
State Project Title: AVIATION GRANT PROGRAM
CSFA Number. 55.004
*Award Amount $80,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.004 is provided at: MipsJ/aous:fldfs.comlrsaa/searchCatabr;aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:
State.Project CompIiiarsce. Requirements for CSFA Number 55:004 are provided at;
https://apps:fldfs:com/fsaa/searchCompliance.aspx
The State. Projects Compliance Supplement is provided at https'llapps:tldfs.cgrnitfaa/oonioIianceo.asox
Page 1 oft
TO: Raymond.Clark@dotitateiles
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G0077
8/23/2017
CONTRACT INFORMATION
e':4 n-44 G0077
twatma--:&:"7-MSWOLNA.W.4:ffita
romegm7,22,4„:•grawmia,,!wzie4Ina.frl
G- GOVERMENTAL AGENCY (267.067,F.S.)
GD - GRANT DISBURSEMENT (GRANT)
•/44/1.-
.:9,1W4/S0,44,t9i,4CLEARWATER. CITY OF
M.11Witt eamir*MPWAtiF?4i:"..Ier4W-1
wendoeitcb*AtAitZint-' 41,4•S* F596000280602
N:svArfised:4,z4-44.1,..tbiltavoilk,k4stel,
pw41.14
AgTeement.A4 08122/2017
eaikOfe
*--i•'-',7-.X4Eir^INEagattt5gite%R.WAWAVI'''"
itEkidkvAWO.ThikAptretritintrAm 06/30/2021-
sConfractzTobilla
ct = $80 00000
Mesa dOltintirle Airporl•ground.eupport equipment
FUNDS APPROVAL. INFOFtMAT1ON
FUNDS APPROVED/REVIEWED FOR ROBIN. NAITOVE, CPA, COMPTROLLER ON 8/23/2017
• .7."-i-.4.140. ,.. . :... mons
44.,m3,,,Ammtniettlealtf '--,•illq .
-..iY-74,..S.T.7.."Nr4iE.,:-.11N.W1,-1,-::''''% • - -
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Tata! Amount: $80,000.00
Pagel of 1
APPROVED
- —
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oe.....
1)72020728
gzimm,qa.nAllstipil
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,,;15 grifaretTgirak,... *-/ar
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letTaaallt . ''' '
4wAtm.g.os&azt; 4,0*.•'..,-..
751000
:
' •'''. V.4 .*:. WOC 1.;;.: 1,5": 31,9 4
*Alzekm;O:a.-4.,•.. f•itel,:!ig!...gt5,,l
PO! 000.00.
,i, ',V*
43297710401
••• ---...m4,1,4
216
p•t.•:. ,(
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:
.• - %•!!!:c.tq.,#:M;;S: 'F'ill:ftigli.
r‘R,%•pr.z-• •c-rri, %;;,-At,14
Tiseatffear i*-•erz4.:.-- ••••-4,
2018.
..,-;.41r,e4w4R•s,,,air-z-kw4,-f,r: A,
BOdoig ".:4,70,_41.5i'
55100100
y3.
paultoti
0001
Se . • ' .
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mseri*mge liti--.4..ti•A 3.
Namat.,,azat.,..vmsw131;•.-Nv,0. • o
--. ••,=•f
.s•.:,?:4F1•12:1:-.,--,!....-kog:e
0001/04
Tata! Amount: $80,000.00
Pagel of 1