JOINT PARTICIPATION AGREEMENT - FPN 432977-1-94-01 FDOT
Florida Department qf
Transportation
RICK SCt..FT 11201 McKinley Crave MIKE F)F',W
GOVERNOR mlm L 33612-6456 SECRETARY
November 8, 201
Mr. Michael.MacDonald
Airport Operations Manager
Marine and Aviation Department
25 Causeway Boulevard
Clearwater, Florida 33767
RE: JOINT"PARTICIPATION AGREEMENT(JPA)
CONTRACT: G0077 FPN: 432977-1-94-01
Dear Mr. MacDonald:
The Florida Department of Transportation District 7 is pleased to acknowledge that the City of
Clearwater is awarded a joint participation agreement. Costs may be incurred as of the execution
date on the contract.
I have enclosed the "Agency Instructions for Project Invoicing" to assist you. These guidelines
will assist you and minimize potential problems. Please call me at (813) 975-6235 if you have
any questions.
incer
Ra old Clark
Aviation and Seaports Administrator
Cc: file
STATE OF FLORIDA CS PARTMENT OF TRANSPORTATION725-030-06
PUBLIC TRANSPORTATION f PUBLIC
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JOINT PARTICIPATION AGREEMENT page I of 15
Financial Project Number(s): Fund: DPTO FLAIR Category: 0,$_6 712
432977-1-94-01 Function: 215 Object Code. 751000
_O
(item-segment-phase-sequence) Federal Number: N/A — Org.Code: 55072020728
Contract Number: G0077 DUNS No.: AQ-939-7102 — Vendor No.: VF596000800011
CFDA Number, N/A Agency DUNS No.: 078307303 CSFA Number: 55 004
CFDA Title: CSFATitle: Aviation Grant Program—
/
THIS JOINT PARTICIPATION AGREEMENT CAgreement'), made and entered into this It I -
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, ("Department"), and Ci!y of glearwater P.O. Box 4748, Clearwater FL�3578 ("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:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under 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 ('Project"), and to provide Departmental
financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth
the manner in which the Project will be undertaken and completed,
1.10 Exhibits. A,B,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 all practical dispatch, .in a sound.,
economlcal;:and efficient manner,and in accordance with the.provisions of this Agreement,and all applicable laws.
2.20 Pursuant to Federal; State; and Local Law. In the event that .any election, referendum, approval, permit, notice, or other
Proceeding or authorization is requisite under applicable. law to enable the Agency to enter into. this Agreement .or to undertake the
Project, or to observe, assume or carry out any of theprovisions of the Agreement, the Agency will initiate and consummate, as
provided by law,all actionsn.ecessary with respect to any such matters so requisite.
2.30 Funds of the Agency. The Agency .shall initiate and prosecute to completion :all proceedings. necessary, including federal aid
requirernents,to enable the:Agency to provide the.necessary funds.for completion of the.Project...
2.40 Submission of. Proceedings, Contracts and. Other Documents. The Agency shall submit to. the Department such data,
:reports, records,. contracts and other documents relating to the Project as. the Department may require as listed in Exhibit "C"
.attached .to and incorporated into this Agreement. The Department has the option to. require .an activity reporton a quarterly basis.
The activity report will:include details of the.progress of the Project towards.completion.
3.00 Total Project Cost.The total estimated cost of the Project is 1 M000.00.This amount is based upon the estimate.
summarized in.Exhlbit"B"attached to and.incorporated into this Agreement..The Agency agrees to bear:all expenses in excess
of the:total estimated cost of the Project and any deficits involved.
4,00 Project Costs Participation and Eligibility:.
4.1.0 Department Participation.The:Department agrees to maximum participation,including contingencies, in the Praj ect.in the
amount of. 80,000.00 as detailed in Exhibit"B", or in an.amount equal to the percentage(s).of total cost shown in Exhibit"B";
whichever is less.
4:11 Agency Participation(Nan State Sources).The Agency agrees to mini. urn 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"B",whichever is more.
4.12 Federal Awards.The Agency;.a non-federal entity, ❑is ❑•is nota recipient.of a federal award, as detailed in Exhibit"13"
4.2o.Project Cost Eligibility. Project costs eligible. for State participation will be allowed only from the effective date. of .this
Agreement. itis understood that State participation in eligible Project costs is subject to'
a) Legislative approval of the .Department's appropriation request in the. adopted. work program year that the Project is
scheduled to be committed;
b) Availability of .funds as stated in Section 15.00 of this Agreement; Approval of all 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 the time appropriation authority
becomes available.
4.30 Front End Funding.Front end funding ❑is 0'is not applicable. If applicable,the Department may initially pay 100%of the
total allowable incurred Project costs up to an amount equal to its total share of participation as.shown in paragraph 4.10,
6.00.Project Budget and Payment Provisions:
.5.16 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, carry 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 Department's Comptroller. No increase or decrease shall be effective unless it
compliea with fund participation.requirements of this Agreement and is approved bythe Department's 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 Department
shall notify the Agency of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the
Department. The Agency shall, within sixty (60) days after notice from the Department, .provide the Department with a corrective
action plan describing how. the Agency will address all .issues of Agreement non-performance, unacceptable perforimance, failure to
meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance.. If the .corrective action plan is.:
unacceptable to the Department, the.Agency shall be. assessed a non-performance retainage equivalent to 10% of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be .withheld .until the
Agency resolves the deficiency.. 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 Agreement's term.
.6.00 Accounting.Records,
6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2
CFR: Part 225, :.separate. accounts .to be,maintained within its existing accounting system or establish independent accounts. Such
accounts are: referred to herein collectively as .the. 'Project account. 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 sub-consultants performing work on the Project and. all
other records of the Agency and sun.-consultants considered necessary by the Department for a proper .audit of costs. If any
litigation, claim, 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 resolved.
6.20 Costs Incurred for the Project. The. Agency shall charge to the Project account all eligible. costs of the Project.. Costs in.
excess of the. latest approved budget or attributable to actions which have not received the required approval of the Department
shall rlot..be.considered eligible costs.
6.30 Documentation .of Project Costs.. All .costs charged to the Project, including any approved .services contributed by the
Agency. or .others, shall be supported by properly executed payrolls, time records, 'invoices, contracts, or vouchers evidencing. in
proper detail the nature and propriety of the charges.
6.44.Checks; Orders, and Vouchers. Any check or order drawn by the Agency with respect' to any item which is or will be
chargeable against the Project account .will be drawn .only in accordance with a properly signed voucher then on. file in the office of
the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting .documents. pertaining in whole or in part to the Project shall be clearly identified, readily
accessible,and,.to the extent feasible, kept separate and apart from-all other-such documents.
:6.50-Audits..The administration. of Federal or State: resources awarded through the Department to. the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The. following requirements do not limit the authority of the
Department to. conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial
assistance or limit the authority of any state 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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t. Federai Funded
a] In addition to reviews of audits. conducted in. accordance with 2: CFR Part 20.0, Subpart F - Audit Requirements.,.
monitoring. procedures 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 Federal
awards.provided.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, State of Florida; Chief. Financial Officer ,tCF.gj. or State of Florida Auditor
General.
b) The Agency, a non-Federal entity as defined by 2 CFR Part 200. Subpart F Audit Requirements, as a
subrecipient of .a. Federal award awarded by the Department through this Agreement .is subject to the following:
requirements:
L 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 informatton needed by the Agency to further comply
with. the requirements. of 2: CFR Part 200, Subpart F - Audit. Requirements. In determining Federal
awards expended in .a fiscal year,. the Agency must consider all. sources of Federal..awards based 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 GFR Part 200, Subpart F-Audit Requirements.
M. In the event the.Agency expends.less than the threshold established by 2 CFR Part 200, .Subpart F
Audit Requirements, 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 FDOTSingleAudit�d)dot.stato;R.us no later than nine months after the end of the Agency's audit
period for each 'applicabla audit year. In .the event the Ageniy 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 from non-Federal resources (i.e., the cost of
such an audit must.be paid from the Agency's resources obtained from other than Federal entities).
M The Agency must. electronically submit to. the Federal Audit Clearinghouse (FAC) at
hops /harvester.census cov/facwebl the audit reporting package .as required. by 2 CFR Part MO,
Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's
reports) or nine. months after the end .of the audit period. The FAC is the repository of record for.audits
required by 2 CFR Pad 200, Subpart F - Audit Requirements. However, the Department requires. a
copy .of the -audit ..reporting package also be submitted to .FDQTSingieAudit@dot.state.fl.us within the:
earlier of 3l?. 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's audit 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 noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions,
the Department. may take appropriate actions to enforce. compliance, which actions may include bot.
not be limited to the fallowing:
1. Temporarily withhold cash payments pending correction of the.deficiency by the.Agency or more
severe enforcement action by the Department;
2. Disallow (deny both use of funds andany applicable matching credit for) all or part of the: cost of
the activity or.action not:in compliance;
.3. Wholly or partly suspend or.termtnate the.-Federal award;
4.. Initiate.suspension or debarment proceedingsas authorized. under 2. CFR Part. 1.80 and Federal
awarding agency regulations (or in the case of the Department, recommend such a proceeding
be initiated by the Federal awarding:agency};
5. Withhold further.Federal awards for the Project or program;
S'. Take other remedies that may be legally available.
vi. As acondition of receiving this Federal award, the Agency shall permit: the. Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records including
financial statements; the independent auditor's working papers and project records as necessary..
Records related to unresolved audit findings, appeals or litigation shall. be retained until the action is
complete or the dispute is resolved.;
vii: The Department's contact information for requirements under this part is as follows:
Office.of Comptroller,MS 24
605 Suwannee Street.
Tallahassee,Florida 32399-0.450
FDOTSingleAudit(&dot.state.fl us
2. State Funded
a). In addition to reviews of audits conducted in. accordance with. Section 215.97, Florida Statutes, 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 andlor 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 assistanceawarded 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.
by The Agency, a nonstate .entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state.
financial assistance awarded.by the Department through this Agreement is subject to the.fol lo.wing requirements:
I. in the event the Agency meets the audit. threshold requirements established by Section 2.15:97,.
Florida Statutes,. the Agency must have a State single or project-specific: audit conducted for such
fiscal year .in accordance with Section 215,97, 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 of the Auditor General. Exhibit ❑ to :this Agreement indicates state financial
assistance awarded. through the Department. by this Agreement needed 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.
H. In connection with the audit requirements, the Agency shall 'ensure that the audit complies with the
requirements of Section 215:97(8), Florida Statutes. This includes. submission of a financial reporting
package: as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.559 (local
governmental entities)or 10.650(nonprofit_and for-profit organizations), Rules of the Auditor General.
iii. In the event the. Agency does not meet the .audit threshold requirements established by Section
215.97, .Florida .Statutes, the Agency .is exempt' for such fiscal year from the state single audit
requirements of Section 215,9.7.,: Florida Statutes. However, the Agency must provide a single audit
exemption statement to the Department at FDOTSihijleALiditi(ad(5t.state:fl:cis no later than nine
months after the end of the Agency's audit :period for each applicable audit year. In the event..the
Agency does. not meet the .audit threshold requirements established by Section 215.97, 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 Qf e_
the cost 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 10.654. (nonprofit and .for:profit
organiizations), Rules of the Auditor .General, copies of financial reporting packages required :by this
Agreement.shall be submitted to'
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee; Florida 32399-0405
FDC3T S i ng i eA ud i t0 d ot.state_f l.u s
And
State of Florida.Auditor.General
Local Govemment.Audits1342
111.West:Madison Street,Room 401
Tallahassee, FL.32399-1450
Email.flaudgen loca1odytCa7aUd,state.fl.us
V. Any copies of financial reporting packages, reports .or other information required to be submitted to
the Department shall be. submitted timely in accordance. with Section 215.97, Florida Statutes, and
Chapters 10.550 (local governmental entities).or 10.655 (nonprofit and for-profit organizations), Rules of
the Auditor General,as applicable.
V1. The Agency, when submitting financial reporting packages to the Department for audits.. done in
accordance with Chapters 1.0.550 (Inial :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.correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the. Agency's financial reporting.
package.;. including .corrective action plaits and management letters, to the extent necessary to
determine whether tlrrmefy 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 correctiveaction tp enforce compliance.
vili. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its
designee, DFS or the Auditor General .access to the Agency's records including financial statements,
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the: independent auditor's. working papers and project records as necessary. Records related to
unresolved audit findings; appeals or litigation shall be retained until the action is complete ..or the:
dispute is resolved.
3. The Agency .shall retain sufficient records dernonstrating its compliance. with the terms of this Agreement for"a .period
Of five.years from the date the audit report is.issued and shall allow 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 extended in writing by the Department.
6.60.1nsurance. 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 ofthe 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 file with the Department of Transportation,
District Seven Public Transportation Office 11201 Forth Malcolm McKineIy Drive Tampa, FL 33612-6403 its requisition on
a.form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 5.J0.
hereof)to justify and suppo4 the.payment requisitions,
7.11.E7eliVerables. The .Agency shall provide the following quantifable; measurable and verifiable unit& 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 completion,
7.12 Invoices. Invoices for fees or other compensation for .services or expenses shall be submitted in detail sufficient for .a proper
pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable unitsof deliverables as established in Exhibit
"A."Deliverables must be received and accepted in writing by.the Department's.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 2.00 and Exhibit"A"has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be. submitted in. accordance. with Section 111061,
Florida Statutes, and shall be submitted on the. Departmerifs Contractor Travel Form No. 340-060-06. The Department may
establish rates lower than the maximum provided in Chapter 112.061,Florida Statutes.
7.15 Property Acquisition..For real property acquired,submit:
ay The date the Agency acquired the real property..
b) A.statement by the Agency certifying that the Agency has acquired said real property., and actual consideration paid
for real property.
cy A statement by the Agency certifying that the appraisal and .acquisition of the real property together with any
attendant relocation of occupants was accomplished in compliance with all federal laws;. rules and procedures
required by any federal oversight agency,and with all -state laws, rules and: procedures that may apply to. the Agency
acquiring the real property:
7.20 The Department's Obligations. Subject: to .other provisions of this. Agreement, the Department will honor .requests. for
reimbursement to the .Agency pursuant to this Agreement.. However, notwithstanding. any other provision of this Agreement, the
Department.may:elect by notice 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 respectla 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;
c] 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 any violation of the conflict of interest provisions contained in this Agreement,
ej The.Agency has:been determined by the.Department to be in default under any of the provisions of the Agreement;or
Q Any federal agency providing federal .financial assistance .to the Project .suspends .or terminates federal financial
assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will
reimburse the Department for :all disallowed costs, including any .and all federal financial assistance as detailed in
Exhibit"B:
7.30 Disallowed Costs. In determining the amount of the payment, the Department: will .exclude all Project costs incurred by the
Agency prior to the effective data of this Agreement, after the expiration date of this Agreement, casts which are not provided for in
the latest approved scope and budget for the Project, costs ;attributable to goods or services. received under :a contractor other
arrangements which have not been approved by the: Department, and costs invoiced prior to receipt of annual notification of fund
availability.
7.40 Payment Offset. If, after Project completion, ..any claim is made by the Department resulting from an 'audit or for wort. or
services performed pursuant to this Agreement, the Department may offset such amount from. payments due for work or services
done under .any public transportation joint participation agreement which it has with the Agency owing such amount if, upon
demand, payment of the amount. is not made within sixty (60) days to the .Department. Offsetting amounts shall not:be considered
a breach of.contract by the Department.
8.00 Termination or.5usperision of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues. the Project; or:
for any other reason,. the commencement, prosecution, or timely completion of the Project. by the Agency is rendered improbable,
infeasible, impossible,. or ille9al, the Department will, by written notice: to: the Agency, suspend any or all of its obligations under
this .Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected; or .the
.Department may terminate any or all of its obligations.under this Agreement.
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 .promptly to carry out the actions required. in such notice, which may. include any
or all of the following: (1) necessaryaction to terminate or suspend, as the. case may be, Project activities andcontractsand 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 cast. of which are otherwise
"includable as Project costs; and,. (3) .remit to the Department such portion of the financing and .any advance payment previously
received as is determined by the Department:.to be. due under the.provisions of the.Agreement, The termination or suspension shall
be carried out in conformity with the latest. schedule, pian, and budget..as approved by the Department or upon the basis. of terms.
and conditions imposed by the Department upon the. failure of the Agency to furnish the schedule, plan; and budget within a
reasonable time. The .approval of'a remittance by the .Agency or the closing out of federal financial participation in the Project.shall
not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
8.12-Access to Documents: and Materials. The Departmentreserves the right to unilaterally cancel this Agreement for refusal by
the Agency,contractor,sub-contractor,or mate ria ls.vehdor to comply with f he.provisions of Chapter 119, Florida Statutes..
9.00 Audit and Inspection. The Agency shall. permit, and shall. require its. contractors to permit, the Departa ent'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;
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18.14 Third Party Agreements. The Department specifically reserves the right to review .and approve :any and all third party
contracts with respect to the Project before the Agency executes or obligatea itself in any manner requiring the disbursement of
Department funds, including consultant, purchase of commodities contracts of amendments thereto. If. the Department chooses to.
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.20(c). 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 Project,:the Department must exercise the right to third party contract.review.
10.20 Procurement of Persona.l.Property.and Services:
10.21 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 involvesa consultant ..contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions .of. Chapter 28.7:055,
Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR. 172, and 23 U.S.C. 112.. At the
discretion of the .department, the Agency will involve .the Department in the Consultant Selection Process for all projects funded
under this Agreement. In: all cases;. the .Agency's. Attorney shall certify.tothe Department that selection .has. been accomplished in
compliance with Chapter 287.055, Florida Statutes,the.Consultants'Competitive Negotiation Act and the federal Brooks Act.
18.22.: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, wherepurchases 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 acc6riplfshed in compliance with Chapter 287.057; 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, construction change orders, or any other agreement that would result in exceeding the current budget
contained in Exhibit "B",. or that is not consistent with the Project description and. scope of services contained in Exhtbit ''A" must.
be approved by the Department prior to Agency execution. Failure 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.M Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the. policy of the Department that DBE's; as
defined in 49 CFR Part 26, as amended; shall .have the opportunity. to participate in the performance...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
Agreement. In this regard, all recipients and contractors shall :take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the. DBE's have the. opportunity to compete for and perform
contracts. The Agency and its Contractors and subcontractors shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of..contracts,.entered.pursua.nt to this Agreement.
10.40 Procurement of Construction Services: If .the Project is procured pursuant to Chapter 255 for construction services and at
the time of the .competitive. solicitation for the Project 50.percent or more of the cost of the Pro1ect is to be paid from
state-appropriated funds,then the Agency must comply with the requirements of Section 25.5.099(l),Florida Statutes.
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 termination; rates of pay or other. forms of
72f-036.06
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?age IOPH5
compensation; and selection for training, including .apprenticeship. The Agency shall Insertthe foregoing provision modified only to
show the particular contractual relationship in all its contracts in connection with the. development or operation of the Project,
except contracts for .standard commercial supplies or raw materials, and shall require: all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial 'supplies or raw materials. When the Project involves
installation, .construction, demolition, removal, site improvement,. or similar work; the .Agency shall past,: in conspicuous places.
available`to employees and applicants foremployment for P€oject work, notices to .be provided by the Department setting forth the.
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rlghts Act of 1$64. 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 issued.the reun0er;.and the.assurance by the Agency pursuant thereto.
11.30T€tle VIII - Civil Rights Act of 1960. Execution .of this Agreement. constitutes .a cerEfication that the .A9ency will comply
with all the requirements imposed by Title. VII€ .of the. Civil Rights. Act of 1968 (42.U.S:C.. 3601., et seq.), which among other things,
prohibits discrimination.in employment on thebasis of race, color,national origin.,creed,sex,:anal age.
11.40 Americans with Disabilities Act of 1.990(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 the reu nd er,.and the assurance bythe Agency pursuant thereto.
11.50 Prohibited Interests. The. Agency shall not. enter into a contract or arrangement in connection with the Project or any
property included or planned to be included in the. Project, with any officer, director or employee of the. Agency, or any business
entity of Which the officer, director or employee or the officer's, director's or empla.yee.'s spouse or child is an .officer, partner,
director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's .spouse or:child, or any
combination.of them,has a material interest.
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 any agreement between the Agency and. its fiscal
depositories, any agreement for utility services the. rates for which are fixed or .controlled by the government, or any
agreement.between.the Agency and an agency of state.government.
11..60 Interest of Members .of; or Delegates. Jo, Congress or Legislature. No member or delegate to the .Congressof 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:
92.10 Environmental. Regulations. Execution of this .Agreement constitutes. a certification by the Agency that the Project w1€ be
carried out in. conformance with all .applicable environmental regulations including the securing of any applicable permits. The
Agency will be solely responsiblefor any liability .in the event of non-compliance with applicable environmental regulations,
including the securing of any.applicable permits,.and will reirnburs e the Deparim ant.for any loss.incurred in:connection therewith.
12.20 Department. Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other
than the Agency.
12,30 When Rights and Remedies Not Waived. in.no event shall the making by .the Department of any payment to the Agency
constitute or be. construed as a waiver by the. Department of any breach of covenant. or any default which may then exist,: an 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 respe..ct to.such breach or default.
72�r03a-[3fi
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12.40 Severability. 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 conforrd to the terms and requirements of applicable law.
12.50 Bonus or Commission. By execution of`the Agreement the Agency represents. that it has not paid :and, .also, agrees not to.
pay,.any bonus or commission for the purpose of obtaining an approval of its application for the.financing hereunder.
12.60..State or Territorial Law. Nothing in the Agreement. shall. require the. Agency to observe or .enforce compliance with any
provision thereof, perform any other act or do. any other thing in. contravention of any applicable State law., Provided, that if.any of
the provisions of the Agreement violate. any applicable. State. law, the Agency will .at..once notify. the Department in writing :in .order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed.as soon as possible with the Project.
12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that. the. Project facilities and equipment
will be used by the Agency to provideor support public transportation for the period of the useful life .of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the Project facilities and.equipment.in good working order for.the usefuI-life of said facilities or equipment.
12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control
systemsas required 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 replacement with like facility or equipment for public transportation use, the Agency will comply with
the terms of 49 CFR Part 18 relating to property management .standards, The Agency agrees to remit to the Department a
proportional amount of:the proceeds from the. disposal of the facility or equipment. Said proportional amount shall. be determined
on the basis of theratio of the Department financing of the facility or equipment as provided in this Agreement. The. Agency must
remit said proportional amount to 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 indemnify,. :defend,
and hold harmless the Department and all of its 'officers, agents, and employees from any claim; loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent. act by the :Agency,. its agents; or. employees,. during the performance
of the Agreement, except that neither the Agency; its agents, or its employees will be liable under "this paragraph for any claim.,
loss, .damage, cast,. charge, or expense. arising out of any act, error, .omission, or negligent. act by the Department or any of its.
officers, agents, or employees during the performance of the Agreement. Nothing in this. Agreement shall be construed as a waiver
by the Agency of any sovereign immunity protections.that may be provided by-Se don 76 8.28,Fib rida Statutes.
When the Department receives a notice of claim for damages that may have. been caused by the Agency in the performance. of
services required under this Agreement, the Department Will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and :report their findings to each.other within fourteen (14). working days and will jointly discuss
options in defending the .claim. After reviewing the claim,. the Department will determine whether to. require the participation of the
Agency in the defense. of the.claim or to require that the Agency defend the Department in .such claim as described in this section?
The. Department's failure to promptly notify the Agency of a claim shall not act as a .waiver of any right herein to require the
.participation in or defense of the claim by Agency... The Department and the Agency will each .pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However; if.only one party participatesin the defense of the claim at trial, that
party is responsible.for all expenses.at trial:
11.00 Plans and Specifications. In the event that this Agreement .involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifcations have been developed, the Agency shall provide an Engineer's
Certification that certifies.. Project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications,
construction contract documents,. and any and all other .engineering, construction, and contractual documents produced by the
Engineer, hereinafter collectively referred 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 developed in. accordance with sound engineering and design pfinc.iples, a.ndwith generally accepted
professional standards;
725.03�•O6
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c) The pians are.consistent with the intent of the Project as defined in Exhibits "A'`.and `'B" of this Agreement as well as
the.Scope of Services;and.
d) The plans comply with all applicable laws, ordinances, zoning and permitting. requirements, public notice
requirements,and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans. and
specifications to the.Department for review and approvals.
14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice,. 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:
1.5.1.0 Contingency of Payment. The State of Florida's performance .and obligation to. pay under this Agreement is contingent
upon an .annual appropriation .by the Legislature; If the Department'sfunding for this Project is in multiple fiscal years, funds
approval.from the .DepartmenVs Comptroller must .be received each fiscal year prior to costs being. incurred. See Exhibit "B" for
funding levels. by fiscal. year. Project costs utilizing these fiscal year :funds are :not eligible for reimbursement if incurred prior to
funds approval being received. The.Department will notify the Agency,in writing,when funds are available.
15.20 Multi-Year Commitment. In the event this Agreement is in excess of:$25,000 and has a term for a period of more .than one
{1)year,the provisions of.Chapter 339:135(6)(a), Florida Statutes,are hereby incorporated:
'The Department, during any fiscal year, shall not expendmoney, incur any liability, or enter% into any contract which,
by its terms, ..involves the expenditure.. of money in excess of :the amounts budgeted as available for expenditure
during such fiscal year. Any .contract, verbal or written, made in violation of this .subsection is null and void, and no
money may bepaid 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 snaking .of: contracts for periods .exceeding 1 .year, but any contract to
made shall be executory only for the value. of the services to be rendered .or agreed to be.paid for in succeeding fiscal
years; and this paragraph .shall be incorporated verbatim in all contracts of the. Department. which are for an amount
in excess of$25,000.and which have a term far a period of more than 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
andgranted:in writing"by'the Department:prior to expiration of this Agreement. Expiration of this Agreement.w.ill be considered
termination of the Project and the procedure established in Section 8.00of this Agreement shall be initiated.The cost of any work
performe d.afte r the expiration.date of this Agreement will.not be reimbursed by the Department.
16.10 Final Invoice. The Agency most submit the. final invoice •on. this Projectto 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.. Alt words
used In the Plural form shall extend to and include the singular. All words used in any .gender shall extend to and Include all
ganders.
18.00 Execution of Agreement This Agreement may be.. simultaneously executed :in a. minimum of two counterparts, each of
Which so.executed shall be deemed to be.an.ariginal; and such counterparts together shall constitute one in the same instrument.
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 personfor influencing or attempting .to influence any officer or employee. of :any federal agency;. a Member of
Congress, an officer or employee of Congress, or an employeeof a Member .of Congress in connection with the awarding of any
federal contract, themaking of any federal grant, the making of any federal loan, the.entering into of any cooperative agreement,
725630x06
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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 officer 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, "Disclosure of Lobbying.Activities,"in accordance with its instructions.
The Agency shall require that the language of this section be included in the. award documents for all. sub-awardsat all tiers
(including subcontracts, sub-grants, and contracts under .grants, loans and .coop.erativeagreements) and that ail sub-recipients
shall certifyand 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 Vendors Rights.The Agency.provid.ing: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 receivedor the:date the goods or services are received; inspected, and approved. Approval and
inspection of goods.or services shall take:no longer than 20 days following-the receipt of a complete and accurate 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(9),; Florida Statutes, will be due and payable, in addition to the invoice amount,. to the. Agency. The 40 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. Interest Penalties of less than one (1) dollar will .not be enforced unless the Agency requests payment. Invoices
that have to be returned to the Agency because of. Agency preparation errors will result in a delay in the payment.. The.
invoice. payment requirement& do not start" until. a .properly completed invoice is provided to the Department. A Vendor
Ombudsman has been .established within DFS. The duties of this individual include actingas. an advocate for Agencies
who may be. experiencing problems. in obtaining timely .payment(s) from the Department, The Vendor Ombudsman may be
contacted at(850)413-55113.
21..00.Restrictioris, Prohibits, Controls, .and Labor Provisions.: During the performance of this. Agreement,. the Agency agrees
as follows, and shall require the fallowing 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 list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods. or services to :a public entity, may not submit :a bid on a
contract with 'a public entity for the construction or repair of a public building .or public work, may not submit bids on
leases of real property to a public entity,. may not be awarded or perform work as a contractor, supplier,
subcontractor, .or consultant under a contract with any public. entity, and may hot 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 W 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 discriminatory
vendor list may not submit a.bid on a. contract to provide any goods: or services to a public entity, :may not :submit. a
bid on a contract with a public entity for the construction or repair of.a. public building or public work, may not submit
.bids. on leases of real .property to a. public entity, may not be awarded or perforin 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 properly included. or planned to be included in the Project in which
xz5•oao•a6
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Page 14 of 15
any member, officer or employee of:the Agency or the locality during tenure or for two (2) years thereafter has any
interest, direct 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 disclosed to. the
Agency, .the Agency, with prior approval of the Department,: may waive the prohibition contained in this paragraph
provided that any such present member, officer or employee shall not participate in any action by the Agency or the
locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts .entered into in
connection with the Project or any property included or planned to be included in any Project, and shall require :its
cointractors 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.ccntract or the.proceeds thereof."
The provisions of this paragraph shall not. be applicable to any agreementbetween 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&V.erify).AgencyNendors/Contractors:
a] Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Agency during the term of the.Agreement;and
ti) 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-Var'ify system to verify the employment
.eligibility of all 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 ail subcontracts the obligation to comply with Section 20,055(5),Florida Statutes.
.2.5..00 Maintenance of Project. The. Agency agreesto maintain ..any project not on the S#ate 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...Agreem.ent withoutapproval of the Agency and without an amendment to. the
Agreement. If this occurs, an updated. -Agreement that. includes the Federal grant number will be provided to the Agency: and
uploaded to the Department of Financial Services'Florida.Accountability Contract Tracking System(FACTS).
725-030-06
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Page 15 of 15
IN WITNESS WHEREOF,the parties hereto have caused these presents be executed,the day and year first above written.
AGENCY DEPARTMENT
City of Clearwater William Janes,P.E.
AGENCY NAME DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
SIGNATORY(PRINTED OR TYPED) TITLE
d
r
SIGNATURE LEGAL REVIEW,DEPARTMENT OF TRA ORTATION
TITLE See attached Encumbrance Form for date of
Funding Approval by Comptroller
George N. Cretekos William B. Horne, ll
Mayor City Manager
Aproved as Attest:
i
�ffiH
Camilo A. Soto Rosemarie Gall
Assistant City Attorney City Clerk
iH � `
Financial Project No. )17-1-941-01
Contract No, G0077!
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forims art integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and. City of Clearwater
P.0. 80x.4748,.Clearwater FL 33578
referenced by the above Financial Project.Number.
PROJECT LOCATION:
Clearwater Air Park
PROJECT DESCRIPTION:
Purport Ground Support Equipment Replacement at Clearwater Airpark:The tractor will.include an eight foot pull behind
mowing attachment and a front end Ioader attachment:The.contract will also.include the delivery of this support equipment.
as well as specified products and.services related to the delivery.and set up of the support equipment.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s)required in paragraph 6:50 Of the Agreement shall include a:schedule of project assistance that will.reflect'
the Department's contract number, Financial Project Number and the Federal Identification number,.where applicable,and
the amount of state fundfng action(receipt and disbursement of funds)and any federal.or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS.BY DEPARTMENT:.
Page.I of
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
As'req uired by section 215.971, F.S.,the department.will authorize payrnent base upon deliverable that.have been approved
by the recipient's project manager asmeeting 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 documents and:.a cumulative
project status.update report the Department,.Upon completion of the work, execution of the final change order,and.submittal
of all required pro1ect.completion.documentation the final payment:will be approved.and the contract will be closed.The
del.iveraNe that must be.provided and completed by the recipient and accepted by the Department prior to payment are:
• Review of existing documents
•
site-MM
Coordination Meeting
• M%Construction Plans
• 60%.Construction Plans
• 90%Construction'Plans
• 100%Construction Plans
• Final Construction Pians
• Complete Quantity Takeoff
• Final Construction cost table
Final Technical Specifications
Final.documents Completed
• Bid Documents Completed
• Pre-Bid Conferences Completed
•
131O.Review
Bidder Reference Checks Completed
These deliverables will only be accepted when plans;photos and any testing of the work'completed has been.submitted.to
the Department.The final product must be accepted by the reciplent.as acceptable.based upon common principles.of
construction.
Page 2 of 2
Financial Project No. '.977-.1-94-01
Contract No. G0077
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit.forms an.integral part of that certain.Joint Participation Agreement between the State of Florida,
Department of Transportation and. City of Clearwater
P.O. Box 4748,Clearwater FL 33578
referenced by the above Financial Project.Number.
I. PROJECT COST: $100,000.00
TOTAL PROJECT COST: $100,000.00
II. PARTICIPATION:
Maximum Federal-Participation.
FAA or $. x.00:
Agency Participation.
In-Kind { %) or $
Cash { 20 %) or $ 20;000.00
Other { %) or $
Maximum Department.Participation,
Primary.
DPTO { 80 9%) or $ 80,000.00
Federal Reimbursable { %) or $
Local Reimbursable { °/a) or $
TOTAL PROJECT COST: $100,000.00
Page IofI
t EXHIBIT "C" ! 725-040-15
lr AVIATION
.AVIATION PROGRAM ASSURANCES O.GG-03115
Financial Project No: 482977-1-94_01
Contract leo. 000771
Agreement Date.
This exhibit forms an integral part of that-certain Joint Participation Agreement between the.State.of Florida,
Departntent of Transportation and City of Clearwater
P.O. Box 47481.Clearwater FL 33578
A. General
1. The assurances herein.shall form an integral part of the Joint Participation Agreement(Agreement)between the State of
Florida, Department of Transportation(Department)and the airport sponsor,whethercounty or municipal government body or
special district, such.as an Airport Authority(herein,collectively referred to as"Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance
with specific provisions of Exhibit.A,"Project Description and.ResponsibilWee and Exhibit B., "Project.Budget",as well as serving
to protect public investment in public-use:airports and the continued viability of the Florida Aviation System.
3. The Agen.cy..shall comply with the assurances as specified in this Agreement,.
4: The terms and assurances of this Agreement shall remain infu11 force and effect throughout the useful life of a facility
developed;equipment acquired:.or project.items installed within a facility for an airport development or noise compatibility
Program project, but shall not exceed k years from the:effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this-Agreement regarding Exclusive Rights and.Airport.
Revenue so long.as the.property is used as a.public airport.
6, There shall be no limit on the durationof theterms and assurances of this Agreement with respect to real property acquired
with funds prov'ided.by the State of Florida..
7. Subject to appropriations,the:Department shall continue to comply with its financial commitment to this project under the
terms of this Agreement,until such time as the Department may determine that the Agency has failed to comply With the terms
of the Agreement and/or these assurances.
8. An Agency that:has been.determined.by the Department to have.failed to comply with the terms of the.Agreement and/or
these:ass.urances shall be-Pot itied,.in writing, by the❑epartment,identifying the.specifics of the non-compliance and.any
corrective action.by the Agency to.remedy the failure.
9: Failure by the Agency to satisfactorily remedy the non-compliance-shall absolve the Department's continued financial
commitment to this.project and immediately require the.Agency to repay the Department the full.amount of funds:expended by
the Department on this project.
117. Any history of failure to comply with the terms..of an Agreement.and/or assurances.will jeopardize the.Agency"s.eligibility for
further state funding.of'a1rport projects.by the Department.
B. Agency Compliance.Certification
1. General Certification: The Agency hereby certifies,with respect to this project,it will.comply,within its authority,with all
applicable,current laws and rules of the State.of Florida.and:local government, as:well as Department:policies;guidelines,and.
requirements,including but not limited to the following(latest-version of each document):
a. Florida Statutes(F:S.)
-Chapter 163,F.S., Local Government Comprehensive Planning.and land Development
-Chapter 329, F.:S.,Aircraft;Title; Liens;Registration; Liens
page 1 of 11
EXHIBIT"C„ 725-040-15
AMAT10N
AVIA CION PROGRAM ASSURANCES x OGG'-oa/ e.
-.Ch6pter.330, F.S,. RequIation of Aircraft,Plots,and Airports
-Chapter.331, F:S.,Aviation and Aerospace Facilities and Commerce
-Chapter 332,F.S,,Airports and Other Air Navigation Facilities
-Chapter 333,F.S..,Airport Zoning
b. Florida Administrative Code.(FAC)
-Chapter 73C-41, FAC,Governing the Procedure for the Submittal and Review of Local Government Comprehensive
Plans and Amendments
-Chapter 14-60, FAG,Airport Licensing, Registration,.and Airspace Protection
-Section 62-250.300(5)FAC,.Open Burning; Prohibitions, Public Airports
-Section 62-701.324(13),FAC, Solid Waste Management,Permitting,Airport Safety
c.. Local Government Requirements
-Airport Zoning Ordinance
-Local Comprehensive Plan
d. Departnient.Requirements
-Eight Steps to Building a New Airport
-Florida Airport Revenue Use Guide.
Florida Aviation Project Handbook
-
Guidebook for Airport Master Planning
-Airport Compatible Land Use Guidebook
2. Construction Certification: The Agency hereby certifies,with respect to a construction related project,that all design
plans and specifications Will comply:With applicable:federal,state,local;and.professional standards,.as well as Federal.Aviation
Administration(FAA)Advisory Circulars(AC's)and FAA issued waivers thereto, including but not limited'to the following:.
a. Federal Requirements
-FAA AC 7017460-1.,Obstruction Marking and Lighting
-FAA AC 150/530013,Airport Design
FAA AC 150/5370-2,Operational Safety on Airports During Construction
-FAA AC 150/5370-10; Standards for Specifying Construction of Airports.
b. Local Government Requirements
-Local Building Codes
Local Zoning.Cocles.
c.. Department Requirements
Page 2-of 11
EXHIBIT ':L+n € 725-04015
AVIATION
AVIATION PROGRAM ASSURANCES OQc-03.15.
-Manual.of Uniform Minimum Standards for Design,:Construction and Maintenance for.Streets acid Highways.
(Commonly Referred to as the"Florida`Green Book')
-Manual on Uniform Traffic Control Devices
-Section 14-50.007,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
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition,that it will comply with applicable
federal and state policies,regulations,and.laws,including but not limited to the following:
a. Federal Requirements
-Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
-National Envirdnmental.Polity of 1969
=FAA Order 5050.4., National Environmental Policy Act.Implementing instructions for Airport Projects
FAA Order 5160,378, Land.Acquisition and Relocation Assistance for.Airport Projects.
b. Florida Requirements
-Chapter 73,F.S., Eminent Domain(re: Property Acquired Through Condemnation)
-.Chapter 74, F.S., Proceedings Supplemental to Eminent Domain(re: Condemnation)
-Section 286:23, F.S., Public Business..Miscellaneous Provisions
C. .Agency Authority
1.. Legal Authority: The Agency hereby certifies,with respect to this project.Agre eme nt,that:it has the legal authority to
enter into thi9.Agreement and commit to this project;that a resolution, motion,or similar action has.been duly adopted or
passed as an official act of the airport sponsor's.governing body authorizing this Agreement, including.assurances contained
therein,and directing and authorizing the person identified as the oKcial.representative of the governing bony to act on its
behalf with respect to.this Agreement.and to provide any-additional information as may,be required.
2. Financial Authority: The Agency hereby certifies,with respect to this project Agreement,that it has sufficient funds
available for that portion of the project costs which are not paid by the U.S.Government or the State of Florida;that it:has.
sufficient funds available to.assure future operation and maintenance of items funded by this project,which it will.controt; and
that authority has.bee n granted by the airport sponsor governing body to commit those fuinds to this project.
D. Agency Responsibilities
The Agency hereby certifiesit currently complies with orwill.comply with the following responsibilities:
1. Accounting System
.a. The:Agency shall create and maintalwa,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, and Audit Requirements for Federal Awards and
Section 215.97,F.S.,Florida S€ngle.Au.dit Act..
Page 3:0 11
t.. EXHIBIT "C" i 725-040-15
c AMATiON
AVIATION PROGRAM ASSURANCES 0Gc-03115
c, The Department has the right too audit and inspect all financial records of the-airport upon reasonable notice.
Z Good Title
a. The Agency holds good title,satisfactory to.the Dap.artment,to the airport or site thereof,:or gives assurance,
satisfactory to the Department,that good title will.he:obtained.
b. For noise..compatibility program projectsundertaken on the airport sponsors property,the Agency holds good title,
satisfactory to the Department,to.that portion'of the:property upon which state fun ds.wiII be expended,or gives
assurance;.satisfactory to the Department,that gond titla will be obtained.
3. Preserving Rights.and Powers
e, The Agency will not take or perm it..any action which would operate to deprive it of any of the rights and powers
necessary to perform any oral[of the terms andassurances of this Agreement without the written approval.of the
Department. Further;it.will actprornptly to acquire,extinguish;or modify,ih a manner acceptable to the Department;
any outstanding rights or claims of right of others which would interfere with such parformonce.by the.Agancy.
b. If an arrangement is made for management and operation of the airport by any.entity:or person other than the
Agency or an employee-of the Agency,the Agency will reserve sufficient.rights and authority to ensure that the airport
will:be operated and maintained in:accordance with the terms and assurances.of this Agree Ment;
4. Hazard Removal and.Mitigation
a. For airport hazards located on airport controlled property,the Agency will clear and protect terminal airspace
required for instrument:and visual operations at the airport{including established minimum flight altitudes}by removing,
lowering,relocating, rnarking,.o"r lighting or otherwise mitigating existing:airport hazards and by preventing:the
establishment or creation of future airport hazards.
b. For.airport hazards not located.on airport controlled prgperty,the.Agency will work in conjunction with the.governing
Public authority or private.-landowner of the property to clear and protect terminal airspace required far instrument and
visual operations.at the airport.(including established minimum fig ht altitudes)by removing,lowering,relocating,
0arking,or lighting orotherwise mitigating existing airport hazards and.by preventing the establishment a creel io n of
future.airport hazards.The Agency may enter into an agreement.with surrounding property owners c pursue available
legal remedies to remove potehtial hazards to air navigation.
5. Airport:Compatible Land Use
a.. The Agency.assures that appropriate airport zoning ordi nances.are in place consistent.with Section 333,03, F.S.,
"Airport Zoning",or if not in.place,that it:will take appropriate action necessary to ensure local government adoption of an
airport zoning.ordinance or interlocal agreement with another local government body having an-:airport zoning ordinance,
consistent with the provisions of.Section 333.03; F.S.
b. The Agency assures that it wi11.d1sapprove or oppose any attempted alteration or creation of objects,natural or
man-made,dangerous to navigable airspace or that would adversely affect the.current or future levels of.airport
operations.
c. The Agency.assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current-or future levels of airport operations by creation or.expansion of airport
incompatible land use areas..
6. Consistency with Local Government Plans
a.. The Agency assures,the project is consistent with the currently existing and planned future land use development
plans approved by.the local.government having jurisdictional responsibility for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communitiesand has had reasonable
Page 4 of 11
EXHIBIT "C" 72s=aaa is
AVIATIoN
AVIATION PROGRAM ASSURANCES acc-o3r�s
consultation.with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted,to adopt the current, approved Airport
Master Plan into the local.government comprehensive plan.
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.Plana
ti: The Age ncy.ass ures that this project,.covered by the terms and assurances of this Agreement, is consistent with
the current,approved Airport Layout Plan(ALP),which shows:
(I The:boundaries of the.airport and all proposed additions thereto,together with the boundaries of all offs..ite areas
owned or controlled by the Agency tor.airport purposes.and proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,
aprons;terminal buildings, hangars,and roads),including all proposed extensions and reductions of existing..airport
facilities;and
(3) The location.of all existing and proposed non-aviation areas on airport property and of all existing improvements
thereon..
c: The Agency assures that it.:will not make or permit any changes or alterations on the airport or any of its facilities
that are not consistent with the Airport Master Plan and the Airport Layout Plan,as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment,revision,or modification thereof;shall
be subject to the approval of the'Department.
8. Airport Financial Plan
a. The Agency assures that.it will develop and maintain a cost-feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified,in the Airport Master Plan and depicted in the Airport
Layout Pian,and.a.ny updates thereto.
(.1) The financial plan shall be:apar'of the Airport Master Plan.
(2) The financial plan shall realistically assess project.phasing considering availability.of state and local funding and
likelihood of federal funding under the FAA's priority system.
(3) The.financial plan shall not.include Department funding for projects which.are inconsistent with the local
.government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida Aviation
Database(FAD),Joint Automated.Capital Improvement Program(JACIP)website:
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs
of the airport;the local airport system;cr other local facilities which are.own ad.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
environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental:Structure.
a. The Agency assures that it.will maintain a fee and rental structure for facilities and services at the airport that will
make the airport as.self sustaining as possible under the circumstances existing at the particular airport.
.b. If this Agreement results in a facility that will be leased or otherwise produce revenue.,the Agency assures.that the
page5 of 1.1
EXHIBIT "C" 125-649-15
AVIATION
AVIATION PROGRAM ASSURANCES oGc-aaii5
price charged for that facility will be based on the market value:
11- Public-Private Partnership.for Aeronautical Uses
a. If the airport.owner or.operator and a:person or entity that owns an.arcraft or an ai rp art.te n ant or potential tenant
agree that.an aircraft hangar or ten ant-specific:€acility,respectively,.is to.be constructed on airport property for aircraft.
storage or tenant use:at the expense of the aircraft owner or tenant,the airport.owner or operator may grant to'the.
aircraft owner or tenant of the.facility a lease.that is subject to such terries:and conditions on the facility as the airport
owner or operator may impose, subject to approval.by.the Department.
b. The.price charged for said lease will be based on market value,unless otherwise approved by the department.
12. Economic Nondiscrimination
a. The Agency assures that it will make-the airport available.as.an airport for public useon reasonable terms without
unjust:discrimination to all types,kinds:and classes,of aeronautical activities,including commercial aeronautical
activities offering:services'to the public.
(1) The sponsor may establish such reasonable,and not unjustly discriminatory.,conditions to be met by all users
of the airport as may be necessary for the safe.and efficient operation of the airport.
(2) The sponsor may prohibitor limit.any.given type,kind or class of:aeronautical use of the airport if such action is
necessary for the.safe.aperati0n of the airport.or necessary to serve the civil aviation needs of the pubIit,
b. The Agency assures that.each airport Fixed-Based Operator(FBO)shall be subject to the same rates,fees, rentals,
and other charges as are uniformly applicable to all other F.BOs making the same or similar uses of such airport and
utilizing the sameor similar facilities.
13. Air-and Water Quality Standards
The Agency assures that in projects involving airport location,major runway extension, or runway location thatthe
project will.be located;designed,constructed,and operated so as to comply with app Iicab le air and:.water quality
standards..
14. Operations and Maintenance
a: The Agency assures.#hatthe airport and all facilities,.which are necessary to serve the aeronautical users of the.
airport;shall be operated at all times in a safe.and serviceable condition and in:accordance with the minimum standards
as may be required or prescribed by applicable federal and state agencies for maintenance and operation,as welI as
minimum standaOP.established by the Department for State.of Florida licensing as a public-use airport.
(1) The Agency assures that it:wili not.cause or.permit any activity or action there on which would interfere with its.use
for airport purposes.
(2) Except in emergency.situations,any proposal to temporarily close the airport for non-aeronautical:purposes must
first be approvedby 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 Onstrued:.to req 01re'that the airport be operated for aeronautical use during
temporary periods when adverse weather conditions interfere with safe.airport operations.
15. Federal Funding Eligibility
a,. The Agency assures it will take appropriate actions to maintain federal funding.eligibility for the airport.and it will
avoid any action that renders the airport ineligible for federal funding,
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects.
Page 6.0f 11
EXHIBIT "G" 725.040-16.
AVIATION
AVIATION PROGRAM ASSURANCES arc-03115
16. Project Implementation.
a. The Agency assures that it will begin snaking expenditures or incurring obligations pertaining to this airport project
wit hin.one year after the effective date of tris Agreement:
b, The Agency may request a one-year extension of this one-year tilde 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:Ag ency a.ssures..that it will not.perm it any exclusive right for.use of.the airport:by any person providing,or intending
to provide,aeronautical services to the-public.
18. Airfield Access
a.: The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the
airport runways,taxiways;flight Iine,passe ngerfaciIities,o r a n y area use d.tor emergency equipment,fuel,supplies,
passengers;mail and freight, radar,communications,.utilities, and.landin g systems, including but not limited to flight
operations,ground services, emergency services;.terminal facilities, maintenance,.repair,or storage, except for those
normal airport providers responsible.for standard.airport.daily services or during special events at the.airport open to the
public withlimited,andcontrolled access.
b.. The Agency assures that it.will not grant or allow general easement or.pubiic access to.any portion of the airfield
from adjacent:rea€property which is not owned,operated,or otherwise controlled by the Age ncywithout prior
Department approval.
19. Retention of Rights and interests
The agency will not sell, lease,encumber,or otherwise transfer or dispose of any part of its.title.or other interests in the.
real property shown.as airport owned.or controlled on the current airport Layout plan without prior written approval by the
bepartment.It will not sell,lease,encumber,terminate,waive,or otherwise transfer or dispose of any part of its title;
rights,or other interest in existing noise easements or avigation easements on any property,'airport or non airport,
without prior written.approvaI by the Department:..These assurances shall not limit the Agency's r€ght to lease airport
property for airport-compatible purposes.
M Consultant,Contractor,Scope,.and Costs
a. The Department has the right.to disapprove the Agencys employment of consu€tants,contractors, and
subcontractors for all or any part of this projectif the specif c consultants,contractors,or.subcontractors have.a record
of poor projectperformance with the DepadmenL
b. Further,the Department maintains the right to disapprove the proposed project scope and cost of professional
services.
21. Planning Projects
For all planning projects or other aviation.studies,the Agency assures that.it will:
a. Execute.the.project per the approved project narrative or with approved modifications.
b: Furnish the Department with such period i c.proj ect a nd work activity reports as indicated in the approved scope of
services.
C, Make such material available for public review;unless.exempt from public disclosure,
Page 7 of 1.1
EXHIBIT "C" 725-640=15
AVIAIDN
AVIATION PROGRAM ASSURANCES 0GC-03115.
(1) Information related.to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3)and 33'1.22 Florida Statutes.
(2} No material prepared under this Agreement shall be subject to copyright in.the United States or any other
country.
d. Grant the Department.unrestricted authority to publish,disclose,.distribute, and.otherwise use.any of the material
prepared in connection with this Agreement,
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan,and any updates thereto,.it will be
consistent with provisions of the Florida Aviation System Plan,will identify reasonable future growth.of the airport and the
Agency will comply with the Department airport.master planning guidebook, including:
(1) Provide copies, in electrorilb and editable format,of final project materials to the Department,including
computer-aided drafting.(CAD)files of the Airport Layout Plan..
(2) Develop acost-feasible financial plan,.approved by the.Department,to accomplish the projects described in the
Airport Master Plan or.depicted in the Airport.Layout Plan,and any updates thereto.The cost-feasible financial plan
shall realistically assess project.phasing considering availability of state and local funding and'federal funding under
the FAA s priority systeM
(3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program
(JACIP),
f. The Agency understands and agrees.that Department approval..of this project Agreement.or any planning material
developed as part of this Ag reement.does not constitute or imply any assurance or corn mKen ent on the part of the
Department to approve any pending or future application for state aviation funding,.
g, The Agency will submit master planning draft and final deliverables for department and,if required.; FAA approval
prior to submitting.ariy invoices to the Department for payment.
h. The Department may extend the 5-day requirement for the.approval and.inspection of goods and services to allow for
adequate time for review(reference Section 215.422.(1),F:5:.).
22. Land Acquisition..Projects
For the purchase of real property,the Agency assures that it will;
a. Laws: Acquire the.land in accordance with federal and-state laws governing such action..
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for.all related.contract letting and administrative.procedu.res,
(2) Secure written Department approval to execute each agreement for the.purchase of real property with any third
party.
(3) Ensure.a qualified,State certified:-general appraiser provides all necessary-services and documentation.
(4) Furnish the Department with:a projected.schedule of events and a cash flow projection within 20 calendar days
after completion of the review appraisal.
(5) Establish a project account for the.purchase of the land,
(5) Collect and disburse federal,state;and local project funds.
c. Reimbursable Funds: If funding.conveyed by this Agreement is reimbursable for land purchase.in accordance,with
Chapter 332, Florida Statutes,the Agency will comply with the following requirements:
Page a of 11
EXHIBIT "C" ; 725-040-1.5
AVIATION.
AVIATION PROGRAM ASSURANCES OGC-03!15
(1} The Agency shall apply for a FAA Airport Improvement Program grant tor'the land purchase within:60 days of
executing.this Agreement.
(2) If federal funds.are received for the land purchase,the Agency shall notify the Department,in writing,within 14
calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar
days to achieve.norm al project federal,state, and IocaI funding shares per Chapter"332,Florida Statutes.
(3) If federal-funds are not received for the land purchase,the Agency shall.reimburse..the.Department within 30
calendar days after the reimbursable funds.are due in.order to achieve normal project.state and local funding shares
as described 1n.Chapte.r 332;Florida Statutes.
(4) If federal:funds are not received for the land purchase and the state share of the purchase.is less than or equal to
normal state and local funding shares per Chapter 332; F.S.,when reimbursable funds are due,no reimbursement to
the.Department shall be required..
d. New Airport: If th'i.s project involves the purchase of real property for the development of anewairport,the Agency
assures that it will:
(1) Apply for federal and state fu6dirig to construct.a paved runway;associated 6 1 rcraft.pa rki n g apro n,.and
connecting taxiway within one:yea r of the date of[and purchase.
(2) Complete an Airport MasterPlan within two years of land purchase.
(3) Complete:airport construction.for basic operation within 10.years of land purchase.
e. Use.of Land: The Agency assures that-it shall use the land for aviation purposes in accordance with the terms and
assurances of this Agreement.within 10 years of acquisition.
f. Disposal of Land: For 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 vat ue.andlor make avail ab.le.to.tha Dopartment
an amount equal to the.state's proportionate share.of its market.value.
(2) Land.shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes,e.g.runway protection zone.or as a noise.buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3). Disposition of land under Section 22f(1)or(2),above;shall be subject to retention.or reservation of any interest
or.right therein needed to ensure such[and will only be used forpurposes 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 Agency will reimburse the Department a proportional amount of the proceedsof the sale of any
airport-owned real property.
(b) The-proportional amount shall be-determined on the basis of'the.ratio of the Department.financing of the
acquisition of.the real property multiplied against the sale amount,an&shA be remitted to the Department within
ninety(90)days of closing of sale.
(c) Sale of.real property acquired with Department funds shall beat market value as determined by appraisal,and
the contra ctfor sale must:be approved in.advance:bythe.Departmant.
Page 9 of'11
ACH I B IT ""C" F 7725-040m15E
f. �. AVIATION
AVIATION PROGRAM! ASSURANCES 0Gc-03115
(d) If:any portion of.the proceeds from the sale to the Agency is non=Cas h considerations, reimbursement to the
Departmentshall include.a proportional amount based on-the value of the.non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a:. Project Certifications' Certify project compliances,including
(1) Eonsultant and contractor selection comply with all applicable federal.,state and local laws, rules,.regulations,
and policies.
{2} All design ipians and.specifications comply.%vith federal,state;and professional standards and applicable.FAA
advisory.circulars,as well as the minimum Ma ndards.established by the Department for State of Flarida licensing as
a public-use airport,
(3). Completed construction complies with.all applicable local building.codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by the
project Engineer.
b, Design Development: For the plans, specifications,construction contract documents,and any.and.all other
engineering,construction, and contractual documents produced by the Engineer,which are hereinafter collectively
referred to as"plans",the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design principles,and with generally
accepted professional standards.
(2) Theplans shall be consistent with the intent of the project as defined in Exhibit and Exhibit B of"this
Agreement.
(3) The project:Engineer.shall perform a.review of the certification requirements fisted in Section 132 above and make
a determination as to their applicability to this project.
(4) Development of the:plans.shall comply withal applicable laws,ordinances,zoning and permitting requirements.;
public notice requirements, and other similar regulations.
c. Inspection.and.Approval: The Agency assures that:
(1.) The Agency will provide and nalntain competeht.technical supervision at the construction:Me throughout the
peoject.to assure that the work.conforms to the.plans,specifications,and schedules approved by the Department for
the project.
(2) The Agency assures that it will allow the Department to inspect.the work:and.that it will provide any Cost.and
progress reporting, as.may be required by.the Department,
(3) The.Agency:assures.that.it will.take the appropriate corrective action necessary,as required by the department,
for work which does not conform to Department standards:
d. Pavement Preventive.Maintenance: The Agency assures that for a project involving replacement or
reconstruction.of runway or taxiway pavement it has.implemented an airport pavement maintenance management
program and that.it wili use such program for the.useful life of any pavement constructed, reconstructed,or repaired with
state.financial assistance at the airport.
24. Noise Mitigation Projects; The Agency assures that it will:
a. Government Agreements: For all noise co rn pati bi I i ty projects:that are carried out by another unit of local
government or are on property owned by a unit of localgovernment other than the Agency,the Agency shall enter into an
agreement with that.government body.
(1) The local agreement, satisfactory to the Department,shall obligate the unit of local government to the same
Page 10'of 11
EXHIBIT "C" 725-oA0-15
AVIATION
AVIATION PROGRAM ASSURANCES acc-03115
terms and assurances that apply to the Agency:
(2) The Agency assures.that it will.take steps.to enforce the local agreement if there is substantial non-compliance
With the terms of the agreement.
b. Private Agreements; For noise compatibility projects on privately owned property,
(f) 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 eriforce.the agreement if there is substantial non-compliance with
the terms of the agreement.
Page 11`pf 11
Financial Project.No. 29.77-1-94701
Contract No. G0077
Agreement Date'
EXHIBIT "D"
STATS FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURC ES AWARDED PURSUANT TO THIS AGREEMENT CCN5157 OF-THE FOLLOWING:
SUBJECT.TO.SECTION.215.97,FLORIDA STATUTES:
Awarding Agency: Horida 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
Specifid pf-oject information for GSFA Number.55.004 is provided at:. https;llapps:tldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:
State Pro}ect Compliance Requirements for CSFA Number 55.004 are provided at:
httn s:llapps.fl dfs.co mlfsa a7s earch Co m pl i a nce.a spx
The.State Projects.Compliance Supplement.is provided at: https://apps.Rdfs.comlf8aa/comoliane6:asox
Page 1 of 1
To:Raymond.Clarligdot:state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FLINGS APPROVAL
00077
812312017
CONTRACT INFORMATION
Contra f:4: ':: G0077
GD-GRANT DISBURSEMENT GRANT
IiAetliol of.Procurement::;::;';:.;-` -
G GOVERMENTAL AGENCY(287.057 F.S:)
Verirfor;.lVarne`%: i;' < :s :
CLEARWATER,CITY OF
.. : F5960002890112.
; eg nnin l]ate of<.Thts:i greerri ii# s;: `:
0122Q..017
Endtri []ate`cfTFiisA eeiiien#- 0613OM21
Contra t,TntaffBu�f `eta. Ee[Cng:, ct=.S$0,00o.ob
Descrl Airport ground support eui nzent
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED.FOR ROBIN M..NAITOVE,CPA,COMPTROLLER ON 812312017
Original
Reviewed"" .;.` APPROVED
Organlaatiori=Code:- '::';: - :` 55D72020728
Expansoniction ;``:`>``:' A5
751000
_ $80,000.00
FltaricialProjecE '`,`_ < '' 43297719401
1111ok RCtiv[tjt(>:CT} ;,` >`; 215
CFPA
FfscaiYear;: :;:" : :::12018
GategarylEafegvryYeOr`:.. 088719118
AniendrrienE:i[3 0001
Sequsrices `: ":= 00.
User:Assigned IC3.'. ;'':`:
E44e`t6s}15tafias `<:: 000.1104
Total Amount: $80,000.00
Pagel of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
725-030-06
PUBLIC
OGC - 612016
Page 1 of 15
Financial Project Number(s):
432977-1-94-01
(item -segment -phase -sequence)
Contract Number: G0077
Fund: DPTO
Function: 215
Federal Number: N/A
DUNS No.: 80-939-7102
CFDA Number. 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 Title: 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, an
agency of the State of Florida, ("Department"), and Citv of Clearwater . P.O. Box 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:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under 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 ("Project"), and to provide Departmental
financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth
the manner in which the Project will be undertaken and completed.
1.10 Exhibits. A,B,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 all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the
Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as
provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid
requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C"
attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis .
The activity report will include details of the progress of the Project towards completion.
3.00 Total Project Cost. The total estimated cost of the 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 estimated cost of 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 "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B",
whichever is Tess.
4.11 Agency Participation (Non -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 percentages) of the total cost shown in
Exhibit "B", whichever is more.
4.12 Federal Awards. The Agency, a non-federal entity, ® is 0 is not a recipient of a federal award, as detailed in Exhibit "B."
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 participation in eligible Project costs is subject to:
a) Legislative approval of the Department's appropriation request in the adopted work program year that the Project is
scheduled to be committed;
b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all 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 the time appropriation authority
becomes available.
4.30 Front End Funding. Front end funding 0 is ® is not applicable. If applicable, the Department may initially pay 100% of the
total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 4.10.
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, carry 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
725-030.08
PUBLIC
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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 Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and is approved by the Department's 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 Department
shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the
Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective
action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to
meet the minimum performance levels, deliverable deficiencies, or Agreement non -compliance. If the corrective action plan is
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice
amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the
Agency resolves the deficiency. 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 Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Govemments", 2
CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the "Project account." 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 sub -consultants 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, claim, 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 resolved.
6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in
excess of the latest approved budget or attributable to actions which have not received the required approval of the Department
shall not be considered eligible costs.
6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in
proper detail the nature and propriety of the charges.
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 account will be drawn only in accordance with a properly signed voucher then on file in the office of
the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily
accessible, and, to the extent feasible, kept separate and apart from all other such documents.
6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial
assistance or limit the authority of any state 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.
725-030-08
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1. Federal Funded
a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements,
monitoring procedures 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 Federal
awards provided 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, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor
General.
b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following
requirements:
I. 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 Requirements. In determining Federal
awards expended in a fiscal year, the Agency must consider all sources of Federal awards based 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.
In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F -
Audit Requirements, 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 FDOTSingleAuditc dot.state.fl.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 from non -Federal resources (i.e., the cost of
such an audit must be paid from the Agency's resources obtained from other than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
httos://harvester.census.aov/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 FDOTSingleAuditc dot.state.fl.us 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's audit 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
725-030-06
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Page 5 0115
Requirements, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions,
the Department may take appropriate actions to enforce compliance, which actions 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. Disallow (deny both use of funds and any applicable matching 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. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records including
financial statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is
complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinaleAuditt dot.state.fl.us
2. State Funded
a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, 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
financial assistance awarded by the Department through this Agreement is subject to the following 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 215.97, 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 of the Auditor General. Exhibit D to this Agreement indicates state financial
assistance awarded through the Department by this Agreement needed 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
725-030-08
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direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
II. In connection with the audit requirements, the Agency shall ensure that the audit complies with the
requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Ill. In the event the Agency does not meet the audit threshold requirements established by Section
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 single audit
exemption statement to the Department at FDOTSingleAuditCa7dot.state.fl.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 does not meet the audit threshold requirements established by Section 215.97, 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 cost 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 govemmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, copies of financial reporting packages required by this
Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudite)_dot. state.fl. us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovtAaud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required to be submitted to
the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and
Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
vi. The Agency, when submitting financial reporting packages to the Department for audits done in
accordance with Chapters 10.550 (local govemmental 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 correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department 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. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its
designee, DFS or the Auditor General access to the Agency's records including financial statements,
725-030-06
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the independent auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action is complete or the
dispute is resolved.
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 allow 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 extended 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 Toss 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 file with the Department of Transportation,
District Seven Public Transportation Office 11201 North Malcolm McKinelv Drive Tampa, FL , 33612-6403 its requisition on
a form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 6.10
hereof) to justify and support the payment requisitions.
7.11 Deliverables. 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 completion.
7.12 invoices. Invoices for fees or other compensation for services or expenses shall 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 Department's 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 2.00 and Exhibit "A" has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061,
Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may
establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
7.15 Property Acquisition. For real property acquired, submit:
a) The date the Agency acquired the real property.
b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid
for real property.
c) A statement by the Agency certifying that the appraisal and acquisition of the real property together with any
attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures
required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency
acquiring the real property.
7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests for
reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice 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
725-030-08
PUBLIC
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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;
c) 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 any violation of the conflict of interest provisions contained in this Agreement;
e) The Agency has been determined by the Department to 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, including any and all federal financial assistance as detailed in
Exhibit "B."
7.30 Disallowed Costs. In determining 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. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services
done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon
demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered
a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or
for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under
this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the
Department may terminate any or all of its obligations under this Agreement.
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 promptly 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 costs; and, (3) remit to the Department such portion of the financing and any advance payment previously
received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall
be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms
and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a
reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the Project shall
not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes.
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:
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10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third party
contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of
Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.20(c). 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 Project, the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 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 Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded
under this Agreement. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in
compliance with Chapter 287.055, 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 accomplished in compliance with Chapter 287.057, 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, construction change orders, or any other agreement that would result in exceeding the current budget
contained in Exhibit "B', or that is not consistent with the Project description and scope of services contained in Exhibit "A" must
be approved by the Department prior to Agency execution. Failure 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 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as
defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance 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
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of contracts, entered pursuant to this Agreement.
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at
the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes.
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 termination; rates of pay or other forms of
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compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to
show the particular contractual relationship in all its contracts in connection with the development or operation of the Project,
except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves
installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places
available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with
all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the Regulations of the Federal
Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply
with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which among other things,
prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age.
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. 12102, et seq.), the regulations of the federal govemment
issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any
property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business
entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner,
director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any
combination of them, has a material interest.
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 any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state govemment.
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 all applicable environmental regulations including the securing of any applicable permits. The
Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations,
including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other
than the Agency.
12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency
constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the
part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no
way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
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12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In
such an instance the remainder would then continue to conform to the terms and requirements of applicable law.
12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to
pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and equipment
will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment.
12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control
systems as required by 49 CFR Part 18, when applicable.
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 replacement with like facility or equipment for public transportation use, the Agency will comply with
the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined
on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Agency must
remit said proportional amount to 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 indemnify, defend,
and hold harmless the Department and all of its officers, agents, and employees from any claim, Toss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance
of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim,
Toss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its
officers, agents, or employees during the performance of the Agreement. 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 claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section .
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all expenses at trial.
13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, 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 "C" if applicable. For the plans, specifications,
construction contract documents, and any and all other engineering, construction, and contractual documents produced by the
Engineer, hereinafter collectively referred 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 developed in accordance with sound engineering and design principles, and with generally accepted
professional standards;
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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
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, 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 Legislature. If the Department's funding for this Project is in multiple fiscal years, funds
approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for
funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to
funds approval being received. The Department will notify the Agency, in writing, when funds are available.
15.20 Multi Year Commitment. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one
(1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which,
by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract or other binding commitment of funds .
Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount
in excess of $25,000 and which have a term for a period of more than 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 considered
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 the 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. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all
genders.
18.00 Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument.
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 federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
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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 officer 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, "Disclosure of Lobbying Activities," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a
state agency.
20.00 Vendors 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 than 20 days following the receipt of a complete and accurate 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 from 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 not be enforced unless the Agency requests payment. Invoices
that have to 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 until a properly completed invoice is provided to the Department. A Vendor
Ombudsman has been established within DFS. The duties of this individual include acting as an advocate for Agencies
who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be
contacted at (850) 413-5516.
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees
as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this
Agreement:
a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in 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 discriminatory
vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public
entity.
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, direct 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 disclosed to the
Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph
provided that any such present member, officer or employee shall not participate in any action by the Agency or the
locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"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 thereof."
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). Agency/Vendors/Contractors:
a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment 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 to verify the employment
eligibility of all 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 obligation to comply with Section 20.055(5), Florida Statutes.
25.00 Maintenance of Project. The Agency agrees to maintain any project not 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 Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Clearwater
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
- Cirrt\.tos
George N. Cretekos
Mayor
Camilo A. Soto
Assistant City Attorney
DEPARTMENT
William Jones, P.E.
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
See attached Encumbrance Form for date of
Funding Approval by Comptroller
W(114., A --,,k
William B. Horne, II
City Manager
Attest:
Rosemarie CaII
City Clerk
Financial Project No. 432977-1-94-01
Contract No. G0077
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Citv 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 Equipment Replacement at Clearwater Airpark. The tractor will include an eight foot pull behind
mowing attachment and a front end loader attachment. The contract will also include the delivery of this support equipment
as well as specified products and services related to the delivery and set up of the support equipment.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(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 Identification number, where applicable, and
the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Page 1 of 2
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
As required by section 215.971, F.S., the department will authorize payment base upon deliverable that have been approved
by the recipient's project manager as 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 documents and a cumulative
project status update report the Department. Upon completion of the work, execution of the final change order, and submittal
of all required project completion documentation the final payment will be approved and the contract will be closed. The
deliverable that must be provided and completed by the recipient and accepted by the Department prior to payment are:
• Review of existing documents
• Site Visit
• Coordination Meeting
• 30% Construction Plans
• 60 % Construction Plans
• 90% Construction Plans
• 100% Construction Plans
• Final Construction Plans
• Complete Quantity Takeoff
• Final Construction cost table
• Final Technical Specifications
• Final documents Completed
• Bid Documents Completed
• Pre -Bid Conferences Completed
• Bid Review
• Bidder Reference Checks Completed
These deliverables will only be accepted when plans, photos and any testing of the work completed has been submitted to
the Department. The final product must be accepted by the recipient as acceptable based upon common principles of
construction.
Page 2 of 2
Financial Project No. 432977-1-94-01
Contract No. G0077
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Clearwater
P.O. Box 4748, Clearwater FL 33578
referenced by the above Financial Project Number.
PROJECT COST: $100,000.00
TOTAL PROJECT COST:
II. PARTICIPATION:
Maximum Federal Participation
FAA
$100,000.00
%) or $ 0.00
Agency Participation
In -Kind ( %) or $
Cash ( 20 %) or $ 20,000.00
Other ( %) or $
Maximum Department Participation,
Primary
DPTO
Federal Reimbursable
Local Reimbursable
( 80 %) or $ 80,000.00
( %) or $
( %) or $
TOTAL PROJECT COST: $100,000.00
Page 1 of 1
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
Financial Project No. 432977-1-9401
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Contract No. G0077
Agreement Date
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Clearwater
P.O. Box 4748. Clearwater FL 33578
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of
Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal govemment body or
special district, such as an Airport Authority (herein, collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance
with specific provisions of Exhibit A, "Project Description and Responsibilities" and Exhibit B, "Project Budget", as well as serving
to protect public investment in public -use airports and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility
developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility
program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport
Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired
with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the
terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms
of the Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or
these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any
corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial
commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by
the Department on this project.
10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for
further state funding of airport projects by the Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all
applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and
requirements, including but not limited to the following (latest version of each document):
a. Florida Statutes (F.S.)
- Chapter 163, F.S., Local Govemment Comprehensive Planning and Land Development
- Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
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- Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
- Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
- Chapter 332, F.S., Airports and Other Air Navigation Facilities
- Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
- Chapter 73C-41, FAC, Goveming the Procedure for the Submittal and Review of Local Govemment Comprehensive
Plans and Amendments
- Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection
- Section 62-256.300(5) FAC, Open Buming, Prohibitions, Public Airports
- Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
- Airport Zoning Ordinance
- Local Comprehensive Plan
d. Department Requirements
- Eight Steps to Building a New Airport
- Florida Airport Revenue Use Guide
- Florida Aviation Project Handbook
- Guidebook for Airport Master Planning
- Airport Compatible 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 and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation
Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following:
a. Federal Requirements
- FAA AC 70/7460-1, Obstruction Marking and Lighting
- FAA AC 150/5300-13, Airport Design
- FAA AC 150/5370-2, Operational Safety on Airports During Construction
- FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b. Local Government Requirements
- Local Building Codes
- Local Zoning Codes
c. Department Requirements
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- Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(Commonly Referred to as the "Florida Green Book")
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- 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
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable
federal and state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- National Environmental Policy of 1969
- FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
- FAA Order 5100.378, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
- Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
- Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
- Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to
enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or
passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained
therein, and directing and authorizing the person identified as the official representative of the goveming body to act on its
behalf with respect to this Agreement and to provide any additional information as may be required.
2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds
available for that portion of the project costs which are not paid by the U.S. 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 currently complies with or will comply with the following responsibilities:
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the
airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally
Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and
Section 215.97, F.S., Florida Single Audit Act.
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c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
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b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title,
satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives
assurance, satisfactory to the Department, that good title will be obtained.
3. Preserving Rights and Powers
a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the
Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department,
any outstanding rights or claims of right of others which would interfere with such performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity or person other than the
Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport
will be operated and maintained in accordance with the terms and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will dear and protect terminal airspace
required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing
public authority or private land owner of the property to clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available
legal remedies to remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S.,
"Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of an
airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance,
consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or
man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport
operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport
incompatible land use areas.
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned future land use development
plans approved by the local government having jurisdictional responsibility for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable
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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 govemment 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 by the terms and assurances of this Agreement, is consistent with
the current, approved Airport Layout Plan (ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas
owned or controlled by the Agency for airport purposes and proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport
facilities; and
(3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements
thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities
that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Department.
8. Airport Financial Plan
a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport
Layout Plan, and any updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of state and local funding and
likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are inconsistent with the local
government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida Aviation
Database (FAD) Joint Automated Capital Improvement Program (JACIP) website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs
of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of
the airport and which are directly and substantially related to the air transportation of passengers or property, or for
environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will
make the airport as self-sustaining as possible under the circumstances existing at the particular airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the
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price charged for that facility will be based on the market value.
11. Public -Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant
agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft
storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the
aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport
owner or operator may impose, subject to approval by the Department.
b. The price charged for said lease will be based on market value, unless otherwise approved by the Department.
12. Economic Nondiscrimination
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a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without
unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public.
(1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users
of the airport as may be necessary for the safe and efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals,
and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and
utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location that the
project will be located, designed, constructed, and operated so as to comply with applicable air and water quality
standards.
14. Operations and Maintenance
a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the
airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as
minimum standards established by the Department for State of Florida licensing as a public -use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must
first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting
aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when adverse weather conditions interfere with safe airport operations.
15. Federal Funding Eligibility
a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will
avoid any action that renders the airport ineligible for federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects.
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16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project
within one year after the effective date of this Agreement.
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b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department
District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the
Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending
to provide, aeronautical services to the public.
18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the
airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies,
passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight
operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those
normal airport providers responsible for standard airport daily services or during special events at the airport open to the
public with limited and controlled access.
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield
from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior
Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the
real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the
Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title,
rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport,
without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport
property for airport -compatible purposes.
20. Consultant, Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and
subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record
of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional
services.
21. Planning Projects
For all planning projects or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of
services.
c. Make such material available for public review, unless exempt from public disclosure.
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(1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 Florida Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the United States or any other
country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material
prepared in connection with this Agreement.
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e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be
consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the
Agency will comply with the Department airport master planning guidebook, including:
(1) Provide copies, in electronic and editable format, of final project materials to the Department, including
computer-aided drafting (CAD) files of the Airport Layout Plan.
(2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the
Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and federal funding under
the FAA's priority system.
(3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program
(JACIP).
f. The Agency understands and agrees that Department approval of this project Agreement or any planning material
developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the
Department to approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval
prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5 -day requirement for the approval and inspection of goods and services to allow for
adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
For the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws goveming such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(2) Secure written Department approval to execute each agreement for the purchase of real property with any third
party.
(3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days
after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with
Chapter 332, Florida Statutes, the Agency will comply with the following requirements:
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(1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of
executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14
calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar
days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30
calendar days after the reimbursable funds are 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 Tess than or equal to
normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to
the Department shall be required.
d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency
assures that it will:
(1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and
connecting taxiway within one year of the date of land purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and
assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land: For 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 purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest
or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to
airport operations.
(4) 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 Agency will reimburse the Department a proportional amount of the proceeds of the sale of any
airport -owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the
acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within
ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and
the contract for sale must be approved in advance by the Department.
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(d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the
Department shall include a proportional amount based on the value of the non-cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
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(1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations,
and policies.
(2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA
advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as
a public -use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by the
project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any and all other
engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively
referred to as "plans", the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design principles, and with generally
accepted professional standards.
(2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this
Agreement.
(3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make
a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements,
public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that
(1) The Agency will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for
the project.
(2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and
progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department,
for work which does not conform to Department standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management
program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with
state financial assistance at the airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local govemment other than the Agency, the Agency shall enter into an
agreement with that government body.
(1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same
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terms and assurances that apply to the Agency.
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(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance
with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the
airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Page 11 of 11
Financial Project No. 432977-1-94-01
Contract No. G0077
Agreement Date
EXHIBIT "D"
STATE FINANCIAL ASSISTANCE (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:
State Project Title:
CSFA Number:
*Award Amount:
Florida Department of Transportation
AVIATION GRANT PROGRAM
55.004
$80,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.asox
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
httos://aDos.fldfs.com/fsaa/searchComoliance.asox
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
Page 1 of 1
To: Raymond.Clark@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G0077
8/23/2017
CONTRACT INFORMATION
Contract: G0077
Contract Type: GD - GRANT DISBURSEMENT (GRANT)
Method of Procurement: G - GOVERMENTAL AGENCY (287.057,F.S.)
Vendor Name: CLEARWATER, CITY OF
Vendor ID: F596000289002
Beginning Date of. This Agreement: 108/22/2017
Ending Date of This Agreement: A 06/30/2021
Contract Total/Budgetary Ceiling: ct = $80,000.00
Description:
Airport ground support equipment
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 8/23/2017
Action:
Original
Reviewed or Approved:
APPROVED
Organization Code: "°
55072020728
Expansion Option:
A6
Object Code:
751000
Amount:
$80,000.00
Financial Project:
43297719401
Work Activity (FCT):
215
CFDA:
Fiscal Year:
2018
Budget Entity:
55100100
Category/Category Year:
088719/18
Amendment ID:
0001
Sequence:
00
User Assigned ID:
Enc Line (6s)/Status:
0001/04
Total Amount: $80,000.00
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