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PUBLIC TRANSPORTATION GRANT AGREEMENT - FPN 446805-1-94-01 - CN G2H31 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusigin Envelope ID:0586Fr-3545F95-4[)B6-B3C1-5DBCBA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form.72&0,00-03 TRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION OGC OW26 GRANT AGREEMENT Financial Project Number(s): Fund(s): DDR,DPTO FLAIR category: 088719 446805-1-94-01 VVork Activity Code/Function 215 Object Code: 751000 Federal Number/Federal Award Org.Code: 55072020728 Identification Number(FAIN)-Transit only Vendor Number: VF596000800011 i Contract, - - I Number: G2R3i Federal Award Late: Amendment No, CFDA Number: NlA SAM/UEI Number: C FDA Title: N/A CSFA Number: 55,004 CSFA Title: Aviation Grant Program ........... THIS AME NSVfP72�95TME PYRLIC TRANSPORTATION GRANT AGREEMENT("Amendment")is made and entered into on 1 1: PM EDT I by and between the State of Florida, Department of Transportation ("Department"), and City of Clearwater, ("Agency")collectively referred to as the"Parties." RECITALS WHEREAS,the Department and the Agency on_(date original Agreement entered)entered into a Public Transportation Grant Agreement("Agreement'). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment,the Agreement is amended as follows: 1. Amendment Description.The project is amended FY2025 Funds 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below(select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits.The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A. Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit 131: Deferred Reimbursement Financial Provisions *Exhibit 132:Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D:Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance(Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I-, Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor Page 1 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope ID:0586FC35-5F95-4DB6-B3Cl-5DBCBA0851)5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-000-03 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION O0C 03!26 GRANT AGREEMENT 'Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/— decreased by$472.235 bringing the revised total cost of the project to 2.472 235. The Department's participation is X increased/ — decreased by _a2Z7 7.88. The Department agrees to participate in the Project cost up to the maximum amount of 11,E7 7.88, and, additionally the Department's participation in the Project shall not exceed 80,00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment,all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF,the Parties have executed this Amendment on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DocuSigned by- Y' By B Name: Name: !Ealdley _j Title: Title-Lnterim Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez, DacuS by, 04/22/2025 1 8:40 AM EDT Page 2 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope ID:0586FC35-5F954DB6-B3C1,-5DBCBA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 TEGIC PUBLIC TRANSPORTATION DEVELOPSTRAEAST GRANT AGREEMENT EXHIBITS O13C OW26 EXHIBIT A Project Description and Responsibilities A. Project Description description of Agency's project to provide context, description of project components funded via this Agreement(if not the entire project)): Reconstruction and Mill/Overlay B,. Project Location (limits, city, county, map): Clearwater Air Park/C learwater, EL/Pinellas C. Project Scope(allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size):Apron Rehabilitation/Reconstruction: As required by 215.971, FS.:this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement enhancement or reconstruction (such as concrete, asphalt, rejuvenators, or sealants), joint construction, pavement markings, lighting and signage, drainage, and utilities, including all materials, equipment, labor, and incidentals required to rehabilitate or reconstruct the apron pavement. The Sponsor will comply with Aviation Program Assurances, Apron (Construction/Extension/Strengthening)-,As required by 215.971, F.S.,this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment, subgrade preparation, base course, surface course,joint construction, pavement markings, lighting system improvements(includes conduits, lights, conductors,cans, lightning protection, vault, and ALC S upgrades), high-mast lights and signage, drainage, utilities, and fencing and gates, including all materials, equipment, labor, and incidentals required to construct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron Lighting Installation/Upgrade:As required by 2115.971, F&,this scope of work includes but is not limited to consultant and design fees, survey costs, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, demolition, trenching and backfilling, high-mast lights, signage, airfield lighting, cables, guidance signs, conduits, lightning protection, structural concrete, required vault equipment modifications, and pavement repairs, including all materials, equipment, labor, and incidentals required to complete the work. The Sponsor will comply with Aviation Program Assurances, Apron Markings: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey, construction inspection costs, mobilization and demobilization, maintenance of traffic, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the apron.The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. Page 3 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope ID�0586FC35-5F95-4DB6-B3C1-51)BCBA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-00"2 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 03125 E. Unallowable Costs (including but not limited to): F.Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 4 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope ID:0586FC35-5F95-4DB6-B3C1-5DB0BA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726.000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 03126 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED, TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year,: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or i Funding Management Type Category Fiscal Code CFDA Funding Source Amount Number Year NumberDescriLt,on 446805-1-94-01 DDR 088719 2.023 751000 55.004 Aviation Grant Program $1,600,000-00 446805-1-94-01 DDR 088719 2025 751000 55.004 Aviation Grant Program $107,150.00 446805-1-94-01 DPTO 088719 2025 751000 55.004 Aviation Grant Program $270,638.00 446805-1-94-01 LF 088719 2025 751000 55.004 Aviation Grant Program $94,447.00 446805-1-94-01 LF 088719 2023 751000 1 55.004L Aviation Grant Program $400,000.00_ Total Financial Assistance $2,472,235.00 B. Estimate of Project Costs by Grant Phase: State Local Federal Phases* state Local Federal Totals % % % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0,06- $0.00 $0.00 $0,00 0,00 0.00 0.00 J Environmerital/DesignIConstruction $1,977,788,00 $494,447,00 $0.00 $2,472,235.00 80.00 20.00 0,00 Capital Equipment/Preventative $uo $0-00 $0-00 $0 00 0.00 0.00 0.00 Maintenance - Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0-00 Mobility Management $0.00 $0,00 $0.00 $0.00 (Transit 0r*L I I Totals I $1,977,788,00 $494,447,00 $0.00 $2,472,235,00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item AL I) TransitOn1 Common Name/UName 'Transit OnIv) BUDGETICOST'ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes, Documentation is on file evidencing the methodolo 69eq.an the conclusions reached. igdby: 6VJ (JA 06/16/2025 1 12:34 PM EDT Raymond Clark 749 Department rant Mann 0rftfff#B74DE4CD.- Page 5 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope 10.0586FC35-5F95-4DB6-B3C1-6DBCBA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Faffn 725.000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC D3125 Signature Date Page 6 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docus[gn Envelope ID:0586FC35-5F95-4[)B6-B3C1-5DBCBA085D5A STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 03125 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 7 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Docusign Envelope ID:0586FC35-5F95-4DB6-B3C1-50BCBA085D5A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fe ren 725.00"2 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT'AGREEMENT EXHIBITS OGC 0=5 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSU SUBJECT TO SECTION 21 5.97, FLORIDA STATUTES:- Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $1,977,788 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: J!"'s COMPLIANCE REQUIREMENTS APPLICABLE TO STA-- JANT TO THIS AGREE ENT: State Project Compliance Requirements for CSFA Number .55.004 are provided at: x The State Projects Compliance Supplement is provided at: ,r 't"ns','/a fi if Page 8 of 8 Docusign Envelope ID:7FF60274-E810-4216-A508-88B48EE29A8F Dmuusign Envelope ID:0586FC35-5F954DB6-B3c1-5DBGBAuBbU,',)A To:.Raymond.Clark@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL 2F131 411 812425 CONTRACT INFORMATION or ra 02H31 T fie: GD-GRANT DISBURSEMENT(GRANT) eth otl, l'f 1� errt; G-GOVERMENTAL AGENCY(287.057,F S.) nub CITY OF CLEARWATER e� Pr 113 F596000289005 In g. orf TtjWAg In rr 0513112023 el"(11 #T40 06130/2026 o T Bit l". 11lxrg^ ct $1,977,788.00 • 0y Reconstruction and Mill/overlay Runway&Taxiways FUNDS APPROVAL INFORMATION FUNDS APPROVED1REVIEWED FOR JASON ADANK,CPA,COMPTROLLER ON 411 120,25 n„ Supplemental l r sd: APPROVED 55072020728 F rrrUln D,pl€r9 A6 5� 7510057 Amount... $377,788.00 5; 44660519401 215 Fll Year,; 2025 �- 55100100 r ,088719f25 4get 1D: 8001 sequence„ 00 Jr' i4ra�d I 1 Endln e 0002101 Total Amount- 377,788.00 Pagel of 1 DocuSign Envelope ID: 9.75Fi8C.qb-87FD.49EF-A185-DE315BE838B2. Financial Project NUmber(s): Clem-segmeht•phaso4eq uence j 446805-1-94-01 STATE OF FLORIDA DEPARTMENT OE tRANSAORTATION PUBLIC TRANSPORTATION. GRANT.AGREEMENT Form 775-000.07 STRATEGIC DEVELOPMENT OGC 01I2 Contract. Number: G2H31 CFDA Number: N/A CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Fund(s): DDR FLAIR Category: 088719 g Work. Activity Code/Function: 215 Object Code: 751000 Federal Number/Federai Award Org. Code: 55072020728 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000800011 Federal Award Date: N/A Agency SAM/UEi Number: Aviation Grant Prrograrn• THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department. of Transportation, ("Department"), and City. of Clearwater, ("Agency"), The Department and the Agency are sometimes referred to in this Agreementas a "Party' and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:. 1. Authority. The.Agency, by Resolution orother form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and madea part of this Agreement, has authorized its officers to. execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement, The purpose of this Agreement is to provide for the Department's participation. in Reconstruction and Mill/Overt y, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth. the manner in which the Project will be undertaken and completed. 3. Program Area, For Identification purposes only, this Agreement is implemented as part of the Department. program areaselected below (select all programs that apply): X Aviation Seaports Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. ExhibIts. The following Exhibits are.attaehed and incorporated into this Agreement; X Exhibit A: Project Description:and Responsibilities, X Exhibit 8: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions `Exhibit 82: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay .(Transit. Bus Program) X 'Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and .Conditions X Exhibit F: Contract Payment Requirements. X *Exhibit G:. Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit: Requirements for Awards of Federal Financial Assistance Page 1 of 37 DaceSign Envelope ID: 97568CAD-87FD-49EF-A185-DE315BE838E2 STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANS.PORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT 0GC 07122 *Exhibit I: Certification of Disburserrient_of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): "Indicates that the Exhibit is -only attached and incorporated if applicable box is selected. 5: Time. Unless specified. otherwise, all references to "days" within this' Agreement. refer to calendar days. 6. Term of Agreerrient. This.Agreement shall commence upon full execution by both, Parties ("Effective Date") and continue through June 30, 2026,.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 the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost. of any work performed prior to the Effective Date orafter the expiration date of this Agreement will not be reimbursed by the Department. a. — Ifthis box is checked the following provision.applies: Unless terminated earlier, work.on the Project shall commence no later:than the _:day of or within _ days of the issUance of the • Notice to Proceed for the construction phase of the Project (if the Project involves :construction), whichever date is .earlier,. T.he. Department shall •havethe option to immediately terminate -this Agreement should the Agency fail to.meet the. above -required dates. 7; Amendments, Extensions, and Assignment. This Agreernent may .be. amended or extended upon mutual written agreement of the Parties. This. Agreement shall not be renewed: This Agreement shall not be assigned, transferred, or -otherwise encumbered. by the Agency under any circumstances without the prior written consent alba Department. 8. Termination or Suspension of Project. The Department may, by written notice to the.Agency, suspend any or .all of the Department's obligations Linder this Agreement for the Agency's failure to comply with applicable .law or the terms .of this Agreement until such time as the event or condition resulting in such suspension has. ceased or been corrected. a. Notwithstanding anyotherprovision of this Agreement, ifthe Departmentintends:to terminate the Agreement; the Department shall notify the,Agency. of such termination in writing at least thirty (30) days prior to the.termination of the Agreement, with instructions to.the effective date of termination or specifythe stage ofwork.at which the Agreement is, to beterminated. b.. The Parties to this Agreement may terminate this Agreement when its continuation would not produce_ beneficial results commensurate. with the further expenditure of funds. In this event, .the Parties shalt agree upon the termination conditions.. c. If the Agreernent is terminated before performance is completed, the Agency shall be. paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance: If any portion of the. Project is located on. the Department's right-of-way, then all work in progress on the Department right-of-waywill become the property of the Department and will be, turned over promptly by the Agency. d. In the event the Agency fails to perform: or honor the requirements and provisions of .this Agreement. the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were :.determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of.37 bocuSign Envelope ID: 97568CA047FD-49EF-A1B5-DE3.15BEB3BB2. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form725�000.01 STRATEGIC DEVELOPMENT DOC 07122 9, Project Cost: a. The.estimated total cost Of the Project is $2,000,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution Of estimated. amounts between deliverables within a grant: phase; as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the: same form as. this Agreement; b. The Department agrees to participate in the. Project cost up to the maximum amount of $1.6.00,000 and, the Department's participation in the Project shall not exceed 80,00% of the total eligible cost of the Project, and as more fully described in Exhibit "B'`, Schedule of Financial Assistance: The. Agency agrees to bear ail expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project.; Description and Responsibilities, and as set'forth in Exhibit "B",; Schedule of Financial Assistance. b: Deliverables. The Agency shall provide quantifiable, measurable,and verifiable units of deliverables. Each deliverable- must .specify the required minimum levelof service to be performed and the' criteria for 'evaluating successful completion. The. Project and the quantifiable, measurable, and verifiable units ofdeiiverables are described more fully in Exhibit "A", Pro1ect Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shalt be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established iri Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by. the Department prior to reimbursement.: Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shalt use the formatfor the Invoice and progress report that is approved by the Department. d:. Supporting Documentation. Supporting documentation must establish thatthe:deliverables Were received and accepted in writing by the Agency and must also establish that the required: minimum standards or level of service to be performed based on the .criteria for evatuating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. AH costs invoiced shallbe supported by properly executed Payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of chargesas described in Exhibit "F", Contract. Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses; X Travel expenses are NOT eligible for reimbursement under this Agreement.. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this. Agreement shall be submitted on .the. Department's. Contractor Travel Form No. 100-000-06 and will be paid in accordance with Section 112.061,. Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers.. Page 3 of 37 DocuSign Envelope ID: 97568CAD-87F0-49EF-A1 B5-DE315SEB3BB2 STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION PUBLIC. TRANSPORTATION. GRANT AGREEMENT • Form 729.000.01 STRA.TEaid* DEVELOPMENT OGC 67122. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 21:6, Florida. Statutes, or the Department's Comptroller under Section 334:044(29), Florida Statutes. If thei Department. determines that the performanceof 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 thirty (30) days after notice from the Department, provide the Department with a corrective actionplan describing how the Agency will address all issues of contract non=performance, unacceptable performance, failure to meet the minimum performance levels, .defiverable.defciencies, or contract non- cornpliance. If thecorrective action plan is unacceptable to the Department, the Agency will not be reimbursed. if the deficiency is subsequently resolved, .the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period, If the. Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g: Invoice Processing. An Agency receiving financial assistance from. the Department should be aware of the 'following time frames. Inspection, or.verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the Inveice. The Department has 20 days to deliver a request for payment (voucher) to the De.partrnent of 'Financial Services; The 20 days are. Measured. from the latter of the date the invoice fs received or the deliverables are received, inspected or verified, and approved. If a payment is. not available within 40 da.ys;.a separate interest penalty ata rate as established pursuant.: to Section 55.03(1), Florida Statutes', will be due and payable, in addition .to the invoice amount, to the Agency. Interest penalties of Tess than one. (1) dollar will not be enforced unless the Agency requests.payment invoices that have to be returned to an Agency because of Agency, preparationerrors will result in a. delay, in • the payment. The invoice 'payment requirements do not.start until a properly completed invoice is provided to the :Department. A Vendor Ombudsman. has.. been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be .experiencing problems in obtaining timely payments) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency'shall maintain an accounting -system. or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under theterms. of this Agreement. shall. be maintained and made available upon request to the Department at all times. during the period of'this Agreement and for five years after final payment is made. Copies of these.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 Contractor and' all subcontractors performing work on the Project,, and all other records of the Contractor and subcontractors considered necessary by'the Department for a proper audit of costs.. Progress Reports: Upon .request, the Agency agrees_ to provide progress reports to the Department in the standard forrnat used by the Department and at intervals established by the: Department. The Department will'be entitled at all times to:be advised.; at its request,. as. to. the status ofthe Project and of details thereof. J - Submission of 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 Iisted in Exhibit "E", Program Specific Terms and. Conditions attached to and incorporated into this Agreement. Page 4 of 37 DocuSign Envelope ID. 97568CAD-87FD-49EF-A165-DE31SBES3BB2 STATE OF FLOR}DA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-00a-01 STRATEGIC DEVELOPMENT oG0 07122 . k. .Offsets for Claims. lf, after Project; completion, any claim is made bythe. 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 agreement that it has•with the Agency owing such amount if, upon written demand, payment of the amount. is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final invoice. The Agency must submit the final invoice on the P. reject to the. Department within 120 days after the completion of the Project Invoices submitted after the .120 -daytime period may not be paid. M. Department's: Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreementis contingent upon an annual appropriation by the Legislature. If. the Departments funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency:. See Exhibit "B",Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior tofunds approval being received. The Department will notify the Agency, in writing, when funds••are available. n. Limits on Contracts. Exceeding $25,000 and Term more than 1 Year. In the event.. this .Agreement • is in excess of $25,000 and. has a term for e period of more than .one. year, the ;provisions ofSection 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 asavailable 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 commitrnent 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 terra fora period of more than. 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this. Agreement that are determined by the Department to havebeen expended by the Agency in violation of this Agreement or any other applicable law .or. regulationshall be promptly refunded in full to the Department. Acceptance by the Department of any documentationor. certifications, mandatory or otherwise permitted, that the. Agency files shall not constitute a waiver of the Department'srights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining; the amount .of the payment, the Department will exclude.. all Projectcosts incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of :the Agreement, costs that are not provided for in. Exhibit "A", Project Description' and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not: meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or: other arrangernent that has not been approved Page .6 of 37 DocuSign Envelope ID; 97568CAD-87FD-49EF-A135-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000.01 STRATEGIC DEVELOPMENT OGc.07122 • in writing by the Department. Specific unallowable costs may be listed hi Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete: the Project with all practical dispatch in a sound, economical, and efficient manner, andin accordancewith the provisions in this Agreement and ail. applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the. Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then theAgency shall provide. to the Department.certifcation and a copy of appropriate .documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of=way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. in the event the cost of the. Project is greater than $250,000,.00, and the Project involves construction on the Department's right-of-way; the Agency shall provide the Department with written' notification of either its intent to: i. Require the construction work of the Project that is. on the Department's right-of-way to be :performed by a Department prequalified contractor, or ii. Construct'the Project utilizing existing Agency employees, if the Agency can complete said Project within the timeframe set forth in this Agreement. d.. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies; Use of Agency Workforce, In the event the: Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If thisboxis checked, then the Agency is permitted' to .utilize Indirect Costs Reimbursement for indirect Program Expenses (select one): i. . Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate), it. Agency has selected to apply a de _minimus: rate of 10% to modified total. direct Costs; Note: The de minirnus rate.is available only to entities thathave never had a negotiated Indirect cost rate. When selected, th..e de minimus rate .must be. used consistently for all federal awards until such time the .agency chooses to negotiate a rate. A cost policy staternent and de minimis certification form must be submitted to the Department for review and approval. Agency has .selected.to apply a..state or federally approved indirect cost rate. A federally • approved rate agreement or indirect cost allocation plan (ICAP) must be submitted: annually. f. Agency Compliance with Laws, Rules, and. Regulations, Guidelines, and Standards. The Agency shall comply and requireits contractors and subcontractors to comply with all terms :and conditions of this Agreernent and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Page 6 of 37 DocuSigri Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB31382 STATE OF FLORIDA DEPARTMENT of TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.090.61 STRATEGIC DEVELOPMENT oGC o7I2Z best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts; 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 and 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, 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. .b. Procurement of Cornrnodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project With the Agency, where: said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount .for CATEGORY TWO per Section 287:0.1.7, Florida Statutes, is contingent on. the Agency complying In fuji with the provisions of Section 287.057, Florida Statutes. The. Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been ..accomplished in compliance with Section 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", Schedule .of Financial Assistance, or that is not. consistent.with the Projectdescription and scope of services contained in Exhibit '7A", Project Description and Responsibilities must beapproved 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, in accordance with this.Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055; Florida Statutes; Consultants' Competitive Negotiation Act. In, all cases, the Agency's Authorized Official shall certify to the Department thatselectionhas been accomplished in compliance with the Consultants' Competitive NegotiationAct. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation.. It is the policy of the Department that DBEs, as defined in 4.9 C.F.R. 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 DBEs 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 DBEs have the opportunity to compete for and perform contracts. TheAgency and its contractors and subcontractors shall not discriminate on the basis of race, color, .national origin or sex in theaward and. performance: of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. in theevent the Project includes construction or the acquisition of commodities then The following provisions are incorporated into this Agreement: Page 7 of 37 DocuSign Envelope 1D: 97568DAR-87FD-49EF;A1B5-DE315BEB3BB2 . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 • STRATEGIC. DEVELOPMENT' OCC 97)22 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed orcommodities acquired: as part of the Project The terms ofthis provision shall survive the termination of this Agreement. 14. Sale, Transfer, or. Disposal of Department -funded Property: a. The Agency will not .sell or otherwise transferor dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale; transfer, or disposal by the Agency of ail or a portion of Department -funded real property, facilities, or equipment isapproved by the Department, the following provisions will apply: i. The Agency shall reimburse the DepailMent a proportionalamount of the proceeds. of the sale of any Department -funded property. 11.. The proportional amount shall be determined on. the basis.of the ratio of the Department fu.ndin.g. of the:: development or acquisition of the property multiplied against the sale amount, and shall be remitted to. the. Department within ninety (90) days of closing of sale. Hi. Safe of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contractand processfor sale must be approved in advance by the Department. iv. If any portion. of the:proceeds from the sale to .the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The: terms of provisions "a" and "b" above shall survive the termination of this.Agreement. I. The::terrns:shall.remain in full force and effect -throughout. the useful life of facilities developed, equipment acquired, or.Project items installed: within a facility,. but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real .property acquired with Department funds. .15. Single Audit. 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 toconductor arrange for the: conduct. of additional audits or evaluations of Federal awards of 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 alt, audit and audit reporting requirements as specified. below. 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 Departmentby this Agreement: By entering into this Agreement, the Agency agrees to: comply and cooperatefully with any monitoring procedureslprocesses deemed appropriate by the Department. The Agency further agrees to:comply and cooperate with any Page 8 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1 B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form T25.00041 STRATEGIC DEVELOPMENT OGC 11.7122 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 Departmentthrough 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 "H", Audit Requirements for Awards of Federal Financial Assistance, 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 awardsexpended 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 providedthrough 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, In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilitiesas provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. 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 staternent to the Department at. FDOTSingleAudit@a 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 eventthe Agency expends less than thethreshold 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 Withthe provisions of 2 CFR. Part 2.00, Subpart F — Audit Requirements, thecost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must bepaid from the Agency's resources obtained from other than Federal entities). iv, The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester,census.gov/facweb/:the. audit reportingpackage as required by 2 CFR Part 290, .Subpart F — Audit. Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or ninemonths 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 FDOTSingleAuditt dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after theend 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 Federalaward provided .through the Department by this Agreement. ilf the Agency fails to have an. Page 9of37 DocuSign Envelope Irl; 9756SCAD-87F0-49EF-A1B5-DE315BEB3BB2 .STATE OF, FLC RIDA DEPARTMENT of TRANS PORTATIO N PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-aoo-01 STRATEGIC' DEVELOPMENT o0C 07/22 audit conducted in accordance. with 2 CFR Part 200, Subpart F — Audit 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 thefollowiing: 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 creditfor) all or part of the cost of the activity oraction not in compliance;. 3. Wholly or partly suspend or terrhinate'the Federal award; 4. Initiate suspension .or:debarment proceedings as authorized under 2: C:F.R. Part 180 and Federalawarding, agency regulations (.or in the case of the Department, recommend .such a proceeding; beinitiated 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, includingfinancial 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 FDOTSineleAudit(a.dot.state,fl;us State Funded: a. In ;addition toreviews of audits conducted inaccordance with .Section: 215.97, Florida Statutes, Monitoring procedures to monitor theAgency.'s:use of state financial assistancemay include but not be lirriited 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 auditswhen those findings pertain tostate 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 Departrnent: 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, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is.sub1ect to the.followirig 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 roject-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 "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial. Rage 10 of 37 DocuSign Envelope ID; 97568CAD417FD=49EF4185-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT: CF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000-0.7 • STRATEGIC • DEVELOPMENT OGC 07!22 assistance awarded through the Department by this Agreement needed by the Agencyto 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, andother nonstate entities. State financial assistance does not include Federal direct. or pass-through awards and. resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complieswith 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 (nonpioiit and for-profit organizations), Rules of the Auditor General. 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 FDOTSinoleAudit(a7dot.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 andelects to have an audit conducted in accordance with the provisions of Section 215.9.7, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of siueh an audit must be paid from the Agency's resources obtained from other than State entities). Iv. In :accordance with Chapters 1.0,550 (local governmental 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 FDOTSindleAudit(a,dot:state,fi.us v. And State of Florida Auditor General Local, Governrnent. Audits/342 1.11 ,West Madison Street Room 401 Tallahassee, FL .32399.-1450 Email: flaudgen iocaIoovt@fiud.state.fl,us. 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 .2.15.97, Florida Statutes, and Chapters 10.550 (local governmental .entities) :or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General,. as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) • 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, Page 11 of 37 DocuSign Envelope .ID:97568GAD-B7FD-49EF-A1 B5-0E315BEB38B2 STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT OGC 07127 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 tirnely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the D:epartrnent 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, 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 ie resolved. c. The Agency shall. retain .sufficient records demonstrating its compliance withthe termsof this Agreement fora 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 acdess to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department orits designee, DFS, .or State of Florida Auditor General upon request fora period of five years froin the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals.: Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions,.Controls and Labor Provisions: a: Convicted Vendor List. A person or affiliate who has been placed bathe convicted vendor list following a.convictiion for a public entity crime may not submita 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 piaced on. the convicted vendor list. b. Discriminatory vendor List. In accordance with Section 287,134, Florida Statutes; •an entity or affiliate who has been placed on the Discriminatory Vendor List, kept .by the Florida Departa1ent of Management.Services, may not submit a bid on a contractto provide 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. Non -Responsible Contractors, An entity or affiliate' who has had its Certificate. of Qualification suspended, tevekeck denied, or have further been.deterrnined bythe Department te be:a non -responsible contractor, may not submit a bid or perform .work:for the construction or repair of a public building er public:.work on a contract.with .the Agency. d.: Prohibition on .Using Funds. for Lobbying. No fundsteceived pursuant to this Agreement may be expended forlobbying the Florida Legislature; judicial:branch, or any state -agency, in accordance.with Section .216::34.7, Florida Statutes; Page 12 of 37 DocuSign. Envelope ID;.9.7566CAD-87FD-49EF-A1 B5-DE3 i 5BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725=040.91 STRATEGIC DEVELOPMENT' OGC 07IZ2 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorizedaliens a violation of Section 274A(e) of theimmigration and Nationality Act If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Ghapter255, Florida. Statutes, for. construction services and at thetimeof 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 255.0991, Florida Statutes. 9. E -Verify. The. Agency shall: 1. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of ail new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractorsperforming work or providing services pursuant to the state contract 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 subcontractor during the contract term. h. Executive Order 20-44: Pursuant to Governor's Executive Order 20-44, if the. Agency is required by the. Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source; public-private agreement; pr through contract or otheragreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, .Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the: Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay,retirement benefits, deferred compensation, real -property gifts; and any other payout.: The Agency shall inform the Department of any.changes in total executive cornpensation during the period between the' filing of Annual Reports within 60 days of any change taking effect. All compensation reports. shall detail the percentage of .executive leadership compensation received directly from ail State and/or Federaf allocations to the Agency. Annual Reports shall be in the form approved. by the Department and shall be submitted to the Department atfdotsingleaudit@dot state. fl. us within 180 days following the end of each tax year of the Agency receiving Department funding. Design Services and Construction Engineering and Inspection Services. If the Project. is wholly or partially funded by the Departmentand administered by a local governrnental entity, except for a. seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332;0.04, .Florida Statutes, the entity performing design and construction engineering and inspection services. May not be the sante entity. 18. Indeinnification and Insurance: a. It is. specifically agreed between the Parties executing this Agreement that it is not intended. by.any of the provisions of any-part.of this Agreement -to create in•the public or any. member thereof-! third party beneficiary -under this Agreement, or to authorize anyone not a. party to this Agreement to maintain a suit for personal injuries or .property damage pursuant to the. terms or,provisions of this Agreement. The Agency guarantees the payment.of:all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, :in connection with this Agreement. Additionally, to the extent permitted bylaw and as limited by and :pursuant to the provisions of Section: 768.28„ Florida Statutes, the Agency shall. indemnify, defend, and hold harmless .the. State of Florida, Department' of Page 13 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF Al B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000.01 STRATEGFC. DEVELOPMENT occ 07122 Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement, Nothing contained in this paragraph is intended to nor shall it constitute.a waiver of the Department's or:the Agency's sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency :agrees to include the following Indemnification in all contracts with .contractors/subcontractors : andconsultants/subconsultants who perform work. in connection With .this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department. of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement: b. The Agency shall provide Workers' Compensation insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law: If using "leased employees" :or employees obtained through professional employer organizations ("PEO's"); ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners, are covered by insurance required under Florida's Workers' Compensation law. If the Agency elects to self -perform the ProJect,.therythe Agency may: self -insure. if the Agency elects to hire a contractor or consultant to perform the Project, then the. Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuouscoverage for all work or operations performed..under .this Agreement. Such insurance shall be no more restrictive than that provided by thelatest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an 'occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded. to the Department as an Additional Insured shall be primary as to any other available insurance and Shall not be more restrictive than the coverage afforded to the Named Insured. The lifriits of coverage shall not beless than $1,000,000 for each occurrence and not less than a $5,0004000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage describedherein shall apply fully tothe workor operations performed under the Agreement, and may not be: shared with or diminished by claims unrelated to the Agreement. The policy/ies:and coverage. describedherein may be subject to a deductible and such .deductibles shall be paid' by the Named Insured. No policy/ies or coverage described herein may contaln or be subjectto a Retention or a Self -Insured Retention unless the Agency is a state agencyor subdivision of the State of Florida that elects to self -perform the Project: Prier to theexecution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an.ACORD Certificate. of Liability Insurance reflecting the coverage described herein. The Department shallbe notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal,or proposed change to any policy or coverage described herein. The Department's approval drfailure to disapprove any policy/]es, Page 14 of 37 DocuSign Envelope ID; 97568CAD-87FD-49EF-A1[35-DE315BEB3B82 STATE OP FLORIDA DEPARTMENT of TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form. 725.000.01 STRATEGIC OevELOPMENT OGC 07122 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or Operations in the vicinity of the railroad right-of-way,. the Agency shall, or cause its contractor to, in addition to theinsurance coverage required above, procure and: maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not Iess than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and withan annual aggregate limit of not less than $6,000,00Q. The railroad shall also be added along with the Departmentas an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the•execution of the Agreement; and at all renewal periods:which occur prior to final acceptance of the work, both the Department and the railroad shall beprovided with an ACORD Certificate of Liability Insurance reflecting the coverage. described herein.. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the:railroad shall be notified:In writing within. ten days: of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coveragedescribed herein. The Department's approval or failure to disapprove any policy/ies, .coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure.:and maintain the insurance required herein, :nip!. serve as a waiver ofany rights the Department may have. e. When the. Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/les procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible: for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these :regulations; and will reimburse the Department for any loss incurred in connection therewith. b.. Non -Admission of Liability. 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 paymentby 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, c, Severability.. If any provision of this Agreement is heldinvalid, 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. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. 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. f. Non -Contravention of State Law. Nothingin the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any .act or do any other thing in Page i5 -of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1 B5-DE315BEB3BB2 g. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT OGC 0722 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so 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. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Inspector General Cooperation. The Agency agrees 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. J. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: M tf&g(, f. M4 t )o."4 -c p By: Name: Name: Justin Hall Title: Ocladitri0.15 MA,/ATitle: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez "—DocuS.gned by: litatfitA, t AtAtA46, 7 03/30/2023 1 2 5-a. r 2PDaYe... Page 16of37 Bruce Mayor By: Je fifer oirrier City Manager Approved as to form: Attest: Melissa Isabel Assistant City Attorney 5 ULflk-UCL 0 4—U— Rosemarie Call City Clerk DomSign Envelope.ID;.97568CAD-87FD-49EF-A1115-DE3T5BE83BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS. EXHIBIT A Project Description and Responsibilities Forth 725.00042 STRATEGIC DEVELOPMENT' OGC 01123. A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)) Reconstruction and Mill/.Overlay B. Project Location (limits,. city, county, rnap): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Apron Rehabilitation/Reconstruction; As required by 215,971 F.S., this scope of work includes but is riottimited to consultant arid design fees; survey.and geotechnical costs, permitting, construction inspection and material testing costs, Mobilization and demobilization, maintenance of traffic.; erosion control, demolition, pavement .enhancement or reconstruction (such as concrete, asphalt, rejuvenators, or sealants), joint:construction, pavement markings, lighting and signage, drainage, and utilities, including all materials, equipment, labor; and incidentals. required to rehabilitate or reconstruct the. apron. pavement: The Sponsor will comply with, Aviation ProgranmAssurances. Apron (Construction/Extension/Strengthening): As required by 215.971,. F.S., this scope of workincludes. but is not limited toconsultant and design fees,survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment,subgrade preparation, base course; surface course, joint construction, pavement markings, lighting system improvements (includes conduits, lights; conductors, cans, Iightningprotection, Vault, and ALCS upgrades), high -mast lights and signage, drainage, utilities, and fencingand gates, including all materials; equipment, labor, and incidentals required to construct the apron pavement. The Sponsor will comply with Aviation.Prograni Assurances. Apron Lighting Installation/Upgrade; Asrequired by 215.971., F.S., this scope of work includes but is: not limited to. consultant and design fees, survey costs, construction inspection and material testingcosts, mobilization and demobilization, maintenance of traffic, demolition, trenching and backfilling, high -mast lights; signage, airfield lighting, cables, guidance signs, conduits, lightning protection, structural .concrete, required vault equipment modifications, and pavement repairs, including all materials, equipment, labor, and incidentals required to complete the work. The Sponsor will comply with Aviation Program Assurances. Apron Markings: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design 'fees, survey, construction inspection costs,mobilization: and demobilization, maintenance of traffic, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the apron. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Reconstruction, rehabilitation of runways and taxiways at Clearwater Airpark. The project.. scope. identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will bethe incremental progress Made toward completion of project scope elements. Supporting documentation wili.be quantifiable, measurable, and 'verifiable, to allow for a determination of the.amount of incremental progress that.has been made; and provide evidence that the.payrrient requested is commensurate with the accomplished incremental progress.and. costs incurred by the Agency. Page 17 of 37 oocuSign Envelope 1.O:.97568.QAD-87FD 49EE=A1B5-DE315BEB3B82: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02 STRATEGIC DEVELOPMENT OGC 01123 E. Unallowable. Costs.(including but not limited to}: F. Transit Operating. Grant Requirements (Transit Only): Transit Operating Grants billed as an:operational subsidy will require an .expenditure detail report from:the Agency that. rnatches-the invoice. period. The expenditure detail, along with the progress report, will be the required. deliverables for Transit Operating Grants. Operating grants may be issued:for a term not to exceed three years .from execution. The original.grant agreement will include funding for year one. Funding for years two•and three will be added by amendrnent.as long as the .grantee has submitted alt invoices on:schedule and the project deliverables for the: year .have been met. Page 18 of 37 DocuSign Envelope ID: 97568CAD-87Eb-49EF-A1 B5-DE315BEB3BS2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance Form 725-000.02 STRATEGIC, DEVELOPMENT OGC 01!23 FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE, FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number. CSFA/CFDA.Title .or Funding Source Description Funding Amount 446805-1-94-01 DDR• 0$8719 2023 75.1.000 55.004 Aviation Grant Program $1,600,000.00 446805-1-94-01 LF 088719 2023 .751000 55.004 Aviation Grant Pro rani 9 $400,000.00 Environmental/Design/Construction Total Financial A slstance. $2 000 000:00 B. Estimate. of Project Costs by Grant Phase: Phases" State Local Federal Totals State Local. Federal Land Acquisition. $0,00 $0.00 :$0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0,00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $1,600,000.00 $400,000.00 $0.00 $2,000,000.00 80,00 20.00 0,00 Capital Equipment/ Preventative Maintenance $0,00 $0,00 $0.00 $0.00 0.00 0.00 0.00 Match: to. Direct Federal Funding $0,00 $0.00 $0.00 $0.00 0.00 0,00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 :$0.00 0.00 0.00 0.00 Totals: _ :::: _ ::$1,600;000.00. '$400;000:00°: . . :$0:00:: '$2.000;000:00.:.`:::: *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement: Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COSTANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determinedto be allowable, reasonable; and necessary :as required by Section 216.3475, Florida Statutes: Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature. Date Page 19 of 37 DotuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form725.000.02 STRATEGIC DEVELOPMENT OGC 01723. EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project The Agencyshall hire a' qualified consultant for the design phase of the Projector, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for thedesign phase of the Project. b. Execution of this .Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for thedesign phase or other non -construction phases of the Project, If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to. Proceed for the construction .phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Raymond Clark {email: ravmond.clarkrc dot.state.fil.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to relmbursernent, c. The Agency will provide one CO copy of the final design plans and specifications and final bid documents to•the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require :the Agency's: contractor to. post a payment and performance bond in accordance with applicable law(s). e. The Agency shallbe responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement; the Agency shall notify the Department. in writing of the completion of construction of the Project; and for all design work that: originally required certification by a Professional Engineer,: this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. 'The certification shall state that work has been completed in compliance with the Project construction plans and . specifications. If any deviations are found from the approved plans or specifications,the certification shall include. a listof all deviations along with .an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way; then the following. provisions apply to any and all portions. of the Project that are constructed on.the Department's right-of-way:. a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project, The Agency must certify that the .installation: of the.:Projectis completed by a Contractor by the Department required. by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved. by • the Department. in writing or the Contractor exhibits past project experience in the last five years thatare comparable in scale;.cornpos.ition; and overall quality to the site characterized within the scope of services of this Project, Page 20 of 37 DocuSign Envelope ID: 97568CAD=87FD-99EF-A1B5•DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form'72S-ODD-02 STRATEGIC DEVELOPMENT' OGC (11/23 b. Construction Engineering Inspection (CEI) serviceswill be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all timesthat the contractor is working. Administration of the CEI staff shall be under the responsible charge of. e. State of Florida Licensed Professional Engineer who shall provide the,certlfication that all designand construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEJ firm .shall not be the same firmas that of the Engineer of Record for the. Project. The Department shall have the right, but not the .obligation, to perform independent assurance testing during the course. of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement.for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge. Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD), The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications' for the Design of'Pedestrian' Bridges, AASHTO LRFD Bridge Design .Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department: Traffic Engineering Manual. The Agency will be required to submit anyconstruction plans required by the Department for review and approval prior to any work being commenced. Shouldany changes to the plans be required during construction of the. Project,.'the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate anywork needs of the Department during construction of the Project. d. The Agency shall notify the Departmment,a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance withthe latest edition of the Department Standard Specifications, section 102. The. Agency is responsible for the development of a MOT plan and Making any changes to that pla. n as necessary, The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed andsealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility tocations be accurately documented on the construction plans. All utility conflicts shall be fully resolved. directly with the applicable utility. The Agency will beresponsible for obtaining all permits :that .may be required. by other agencies_ or local governmental entities. h. It is hereby agreed by'the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or g. Page; 21 of 37 DocuSlgn Envelope IL :9.7566.0A0-$7Fp-49EF-A1 B5-DE3.1$BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02 $TRATEOIc DEVELOPMENT OGC 01)23 estate in Department right of way, of any nature or kind whatsoever, by virtue. of the execution, operation, effect, or performance of this Agreement including, but not limited to, the. Agency's.. use, occupancy or possession of Department right of way. The Parties agree that. this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. 1. The Agency shall not cause any liens or encumbrances to. attach to any portion of the Department's property, includingbut not limited to, the. Department's right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made availableto the Department upon request. The Departmentshall have the right to perform its own independent testing during the courseof the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform :this Agreement fn a good and workmanlike manner; with reasonable care, in accordance with the terms andprovisions of this. Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules,regulations, policies, procedures, guidelines, standards and permits, asthe same may be constituted and amended from time to time, .including, but not limited to, those of the Department, applicable Water Management District, Florida. Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and focal governmental entities. I. If the Department determines a condition exists which threatens the public's safety, 'the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost,:expense, and effort of the Agency. The Agency shall beer all construction delay costs. incurred by the Department. The .Agency shall be responsible to maintain and restore all features that.. might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or.restoration required to correct any 'environmental or health hazards that rnay- result from -construction operations. o. The acceptance procedure will include a final ''walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include :one complete:set ofthe signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in:Portable Document Format(PDF). Prior to:thetermination'ofthis Agreement, the Agency shall remove its presence, including, but not limited: to, all of the Agency's property, machinery, and equipment. from Department right-of-way. and shall restore those portions of Department right. of way disturbed. or. otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement ofthe'Project. if the Department determines that the Project is not completed in accordance with the provisions' of this Agreement, the Department. shall. deliver written notification of such to the Agency. The Agency'shall have thirty .(30) days from the date of receipt of the Department's written notice, or such other time. as the Agency and the Department mutually agree, to in writing,: to completethe Project and provide the Department with written notice of the same (the "Notice of Completion`'). If the.Agency fails to timely deliver the Notice of Completion, or if it is determined that the. Project is not properly completed after receipt. of the Notice of Completion, the. Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense,. P. Page 22 of 37 DocuSign Enelope ID: 9.7568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000A2 STRATEGIC DEVELOPMENT OGC 07(23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited; to, machinery and equipment: If the Department elects to correct the deficiency(ies),.:the Department shall provide the. Agency with.an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the:invoice. q. The Agency shall implement best management practices far erosion and .pollution control to preventviolation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problemsthat result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or 'a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work, It is the responsibility of the Agency;to locate and avoid dainage to these. sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, .highest priority must begiven to pedestrian safety. If permission is granted to temporarily close.:a:sidewalk, it should be done with the express condition that an alternate routewill be _provided, and shall continuously maintain pedestrian features to meet Americans Disability Act ,(ADA) standards. t. .Restricted hours of operation will be as follows, unless otherwise approved by the Department s District Construction Engineer or designee (insert hours and daysof the week for restricted operation): u. Lane closures on the state road system must be coordinated With the .Public Information Office at least two weeks prior to the closure. The contact information for the Department's. Public Information Office is: Insert. District PlO contact info: Note: (Highlighted sections indicate need to confirm information. with District Office or. appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance. The Agency snail complete and submitand applicable Engineer's Certification. of Compliance to the Department .upon completion'of the construction phase Of the Project. Page 23 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1 B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS ENGINEER'S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and. PROJECT DESCRIPTION: FOrm.725-O00.O2 STRATEGIC DEVELOPMENT OGCp]f23 DEPARTMENT. CONTRACT NO:: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned. certifies that ail work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an .explanation that justifies the reason to accept each deviation, will be attached to this Certification.. Also, with subnittai of this certification, the Agency shall furnish the Department a set of :"as -built" plans for construction on the. Department's Right of Way certified by. the Engineer of Record/CEI. SEAL`. Sy: Name: Date: , P.E. Page.24.of 37 DocuSign Envelope TD: 97568CAD 87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-oOO.02 STRATEGIC DEVELOPMENT 'OGC .oU123 Page 25 of 37 DncuSign.Envelope ID: 52F67817'E8615-4110-MAD-A2B5C7E540FD RESOLUTION. NO 23-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO REMILL AND OVERLAY THE ASPHALT ON PORTIONS OF THE APRON AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FOOT) has agreed to a grant to providefunding for the rernill and overlay of asphalt on portions of the apron at the Clearwater Airpark under Joint Participation Agreement Financial Project. No.: 446805-1-94-01, Contract No.: G2H31 (the Agreement), a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the. City and the State of Florida Department of Transportation, at the Clearwater Airpark,. and authorizes appropriate. City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2.. This: resolution shall take effect immediately upon adoption PASSED AND ADOPTED this lath day of May Apig eek bas to form: laiSSa, (Saba, Me issaisabel Assistant City Attorney , 2023. OocuSivned by: iC990C900400 127_ Brian Aungst Sr. Mayor A 1 - gusiuned by: 40MaAkei C:a.OQ, Rosemarie Call City Clerk. DocuSign Envelope (D; 97568GAD-879)-49EF-A185-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS.. AVIATION AVIATION PROGRAM ASSURANCES A. General. Form 725-00002 STRATEGIC DEVELOPMENT OGC 01/23 1. The assurances herein shalt form an integral part of the Agreement between. the Department and the Agency. 2. These assurances delineate: theobligations of the Parties to this Agreement to ensure their commitment and compliancewith specific provisions of Exhibit "A", Project Description and Responsibilities, .and. Exhibit "13", Schedule of Financial Assistance, as well asserving to protect public investment in public -use airports and the continued viability of the Florida. Aviation Systern. 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. Thereshallbe no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights :and:Airport Revenue so long as the property is used es a public airport. 6.. Ther.e.s.hail be no limit on the duration of the. terms and assurances of this Agreement with respect.. to real property acquired with funds provided by this: Agreernent. 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 maydetermfne that the Agency has failed to comply with the terms and assurances. of this Agreement. 8. An Agency that has been determined by the Department -to have failed to comply with eitherthe. terms of these Assurances, orthe terms of the Agreement, or both, 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. Departrnent's continued financial corrimitmentto this Project.and immediately require the Agency to repay the Department the.fuil amount of funds expended by. the Department on this .Project. 10.. Any history of failure to comply with the terms and.assurances of an Agreement wilt. jeopardize the Agency's. eligibility for further state funding of airportprojects by the Department. 8. Agency Compliance Certification. 1. General Certification. the Agency hereby certifies, with. respect to 'this project, it will comply; within its .authority, with ail applicable; current laws and rules of the.State of Florida. and applicable Ibeatgovernmerits,_ as well as Departrnent policies, guidelines, and requirements, including. but .not limited to, the following (latest. version of each document): a. Florida :Statutes • Chapter 163, • Chapter 329, • Chapter 330, • Chapter 331, • Chapter 332., • Chapter 333, (FS.) F.S., Intergovernmental Programs F.S,, Aircraft: .Title; Liens; Registration; Liens F.S., Regulation of Aircraft, Pilots, and Airports F.S., Aviation and Aerospace Facilities and Commerce F,S., Airports and Other Air Navigation Facilities F.S., Airport Zoning Page 26 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1135-DE315BEB3BB2 STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02 STRATEGIC DEVELOPMENT OGC 01123. b. Florida Administrative Code.(FAC) • Chapter 73C-41, FAC, Community Planning; Governing the: Procedure for the. Submittal and Review of Local Government Comprehensive Plans and Amendments. • Chapter 14-60; FAC; Airport Licensing; Registration, and Airspace. Protection • Section 62-256.300, FAC; Open Burning, Prohibitions. • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of 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-relatedproject, that all designplansand 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 15015300-1.3, Airport Design • FAA AC 150/5370-2, Operational Safety en Airports During Construction • FAA AC 15615370-1.0, Standards for Specifying Construction of Airports b. Local Government Requirements, • Local Building Codes. • Local Zoning Codes c. Department Requirements • Manual of Unlfdrm Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.00.7, FAC, 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/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act oil 970 • National Environmental Policy of'1969 • FAA Order 5050;4, National: Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100:37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73.', F:S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286;23, F.S„ Public Business: Miscellaneous Provisions. Page 27 of 37 DocuSign Envelope ID: 9.7,568CAD-87FD49EF-A1857DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF IRAN SpORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form T2S-000-D2 STRATEGIC DEVELOPMENT OGC 91121 C. Agency Authority: 1. Legal Authority. The Agency hereby certifies, with respectto this 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 adoptedor passed as an official act of the: airport sponsor's governiiing body authorizing this Agreement, including assurances contained: therein,.and,directing and authorizing. the person identified as the official representative ofthe governing body to act on itsbehaif with respect to this Agreement andto provide any additional information as may be required. •2. Financial Authority. The Agency.hereby certifies, with respect to this Agreement, that it has .sufficient funds available forthatportion of the Project costs'which.are not paid.by the U.S. Government or the State of Fiori.da; that it has sufficient funds available to assure future operation and maintenance of item, s 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 airportas a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in. accordance with Generaily.Accepted Accounting Principles and in en accounting. system that will facilitate an effe:ctive:audit. In accordance with the2 CFR Part 200, Uniform. Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215;97, F.S.,. Florida. Single. Audit Act. c. The Department has.the right to audit and. inspectall financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility :program projects undertaken onthe airport sponsor'sproperty, the Agency holds good title, satisfactory to the .Department, to that partion of the property upon which statefunds will be expended, or gives assurance, satisfactory to the Department, that good titlewill be obtained. 3. Preserving Rights and Powers. a. The Agency. shall .not take .or permit any action which would operateto 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, the Agency shall act promptly to acquire, :extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right ofothers 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 shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Ag reement: 4. .Hazard Removal.and.Mitigation. Page 28 of 37 DociaSign Envelope ID':97568CAD-87FD-A9EF-A185-DE3158E83B82 STATE OF FLORIDA DEPARTMENT 0FTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725;O0a;a2 STRATEGIC DEVELOPMENT PGC 01123. a. For airporthazards located on airport controlled property, the Agency shall 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 orcreation of future airport hazards. b. For airport hazards not Iodated ori airport controlled property., the Agency shalt 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 flightaltitudes) by removing, Towering, 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, or if not in place, that it will take:appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution.:af an 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 wilt disapprove or oppose. any attempted alteration or creation of objects, natural or manmade; 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 creationor 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 .surroundingthe airport. b. The.. Agency assures that it has :given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected, by the Project. c.. The Agency shall consider and'take appropriate actions, if deemed warranted by the Agency, to adoptthe current, approved Airport Master Plan into.the local government comprehensive plan. 7. Consistency with Airport Master Plan and AirportLayout Plan. a. TheAgencyassures that the project, covered bythe:terms and assurances of this Agreement, is consistent with, the .most current.Airport Master Plan. b. The Agency.assures that the Project, covered by. the terms and assurances -of this Agteeinent, is consistent with the most 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 a.nd: of all existing improvements `thereon. Page 29 of 37 DocuSign Erivetope ID: 97568CAD-87FD-49EF-A.1B5 DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02. STRATEGIC DEVELOPMENT OGC 01/23 c. The Agency assures that it will not make or permit any changes or aerations 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, Will 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 Airport f nancial plan: to accomplish the projects. necessary to achieve the. proposed. airport improvements identified. in the Airport Master Plan and .depicted lin theAirport. Layout Plan, and any updates thereto; The Agency's Airport financial plan must comply with the following conditions:• 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority systern. 3) The. Airport financial plan will not. include Department funding for projects that are inconsistentwith the Iocal.government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and keptcurrent 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 it Will make the airport as self-sustaining as possible under the circumstances existing at. the particular airport. b. If this Agreement results in a facility that will be leased :or otherwise produce revenue, the. Agency assures that the price charged for that facility will be based on the 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 beconstructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner oroperator may grant to the aircraftowner or tenant of the facility a lease that is subject to such termsand conditions on the facility as the.airportowner 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 Nondlscrimination. a The Agency assuresthat. 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 Agency 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. Page 30 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS ' Fofni 725-000-02 STRATEGIC DEVELOPMENT OGC 0143 2) The Agency 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). shell 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 all projects involving airport (ocation; Major runway extension, or runway location 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 toserve the aeronautical users of the airport, shall be operated atall 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 perrnit any activity or action thereon which would interfere with its.: use for airport purposes.. ?) 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 airmenof any condition affecting aeronautical use of the airport b. Nothing contained herein shall beconstrued 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. If the. Agencybecomesineligible for federal funding of. airport projects, such determination will render the Agency ineligible:for state funding of airport projects, 16. Project Implementation. a. The Agency assures that it .will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement: b. The.. Agency may request a one-year extension :of .this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency. to make expenditures, incur obligations: or receive an approved extension may allow the Department to terminate this. Agreement.. 17. Exclusive Rights. The Agency assures that it will.. not permit any exclusive right for use of the airport by any person providing, or intending to provide; aeronautical services to the public. 18. Airfield Access. a.. The Agency assures that it will .not. grant or allow general easement or public access that opens ontoor crosses:. the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page31of3'7 DocuSign Envelope. ID: 97568CAD-87FD49EF-A1 B5-DE315BEB3BB2 STATE. OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION. GRANT AGREEMENT EXHIBITS Form 725:000A2 STRATEGIC DEVELOPMENT .OGC•01123 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 dailyservices or during special events at the airportopen 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 lnterests.The:Agency will not sell, lease, encumber, or otherwise: transfer or dispose of any part of its title or otherinterests in the realproperty 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, orotherwise 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 Departrnent has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if thespecific consultants, contractors, or subcontractors have a record of 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 project materialsavailable for public review, unless exempt from public disclosure: 1) Information related to airport security is•considered restricted information and is exempt from public dissemination per Sections 119.071..(3) and :331.22.F.S. 2} Ng materials prepared under this Agreement shallbe 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 Pian or an Airport Layout Plan, and any updates thereto, it will .be consistentwith.provisfons of theFforida Aviation System Plan, will identify reasonable future growth of the airportand 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.federa,l funding under the FAA's priority systeni 3) Enter -all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page .52 of 37 DocuSign.Envelope ID: 97568CAD-87F1]-49EF-A1 B5-DE3156EB3BB2 STATE OF FLORIDA. DEPARTMENT OF TRANS pa RTATI D N PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02 STRATEGIC DEVELOPMENT OGC 01123 f. The Agency understands and agrees that Department approval of this Agreement orrany planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Departrnentto 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. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures thatit will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract lettingand administrative procedures related to the purchase of real property. 2) Secure written Department:approval to execute each agreement for thepurchase 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 scheduleof 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, .F.S., the Agency shall comply with the following requirements,. 1) The:Agency shall apply for a FAA.Airport Improvement Program grant for the land purchase within 60 days of executing this.Agreement. 2) Iffederal funds are received for thelandpurchase, the Agencyshellnotify the Department; in writing, within 14 calendar days Of receiving the federal fundsand is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, 'and: local funding shares per Chapter 332, F.S. 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, F.S. 4) If federal funds are not received for the land purchase and the state.share of the purchase is less than or equal to normat stateand local funding shares per Chapter 332, F.S., when reimbursable fundsare 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 statefunding 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 term's and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. Por the disposal.of real property:the.Ageneyessures'thatitwill comply with the following: 1) For land purchased for' airport development or rioise compatibility purposes, the Agencyshall, 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 proportionateshare of its market value. Page.:33 of:37 DocuSign. Envelope Ip: 97568CA1)-87FD-49EF-A1 B5-DE315BEB3B82 STATE OF FLORIDA. DEPARTMENT. OF TRANSPORTAT1oM PUBLIC TRANSPORTATION. -GRANT AGREEMENT EXHIBITS Form 725-000.02 STRATEGIC DEVELOPMENT DOC 01/23 2) Land will be considered to be needed for airport purposes under this assurance if:. a) ft serves aeronautical purposes: such as a 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 Sections D.22.f:1. or D.22.f:2. of this Exhibit, 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 toairport operations. 4) Revenues from the sale of such land must beaccounted for as outlined in Section D.1,of this Exhibit, and expended as outlined in. Section D.9. of this. Exhibit, 23. Construction Projects. The Agency assures that it will: a. Project Certifications: Certify Project compliances, including: 1) Consultant' and contractor selection comply with all applicable federal, state and local taws, 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 Engineer will certify that: 1) The plans shall bedeveloped.in accordance with sound engineering and. designprinciples, and with generally accepted .professional standards. 2) The plansshall be consistent with the intent of the. Pro1ect as defined in ExhibitA and EXhibit B of this Agreement. 3) The Project Engineer shall perform a review of the.. certification requirements:. listed in Section B,2. of. this Exhibit, Construction Certification, 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 throughoutthe Project to assure.that the work conforms to the plans, .specifications, and schedules approved. by'the Department, as applicable, for the Project. 2) The Agencyassures that it will allow the Department to inspect the work and that it will provide any cost andprogress reporting, as may be required by the Department. 3) The Agency assures that it will take theappropriate correctiveactionnecessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The A9ency assures that for a, project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and thatit will use such program for the useful lifeof any pavement constructed, reconstructed, or repaired with state financial assistance at the. airport. Page 34 of 37 DocuSign Envelope ID: 9?588CAD-87FD-49EF-A1 B5-DE3458E63BB2• STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725400.02 STRATEGIC OEVELOPMlNT ()GC 01123 24.. Noise Mitigation Projects, The Agency. assures that it will: a, Government.Agreements. F.or ali noise compatibility projects that are carried out b.y another .unit of local government or. are on property owned by a unit, of local government other than the Agency, the Agency shall enter into an agreement with that goveernment body. 1.) The; local agreement, satisfactory to the Department, shall obligate the unit of local government to the. same terms and.assurancesthat apply to the Agency. 2) The Agency assures that it will takesteps to enforce the local agreement if there is substantial non- compliance with the terms of the local 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 propertyto.exclude future actions against the airport: 2) The Agency assures that it will take steps to enforce such 'agreement.if there is substantial non- compliance with .the terms of the. agreement. End of Exhibit E - Page 35 of 37 DocuSign Envelope 1D: 97568CAD-87FD-49EF-A1 B5-DE3158EB3BB2 .STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01(23 Invoices for cast reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc:). Supporting documentation shall be submitted for each amountfar which reimbursement is being claimed indicating that the item hasbeen paid- Documentation for each amount for which reimbursementis being claimed must iindicate that the item has been paid. Check numbers may be provided in lieu of copies .of actual. checks. Eachpiece of documentation should clearly reflect: the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. TheseeXperiditures must be alloWable (pursuant to law) and directly related to the services being provided. Listed below are types and .examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show. gross salary charges, fringe benefits, other deductions and net pay, If .an individual for whom reimbursement is being claimed is. paid by the hour, a document reflecting the hours worked limes the rate of pay will be acceptable... (2) Fringe Benefits: Fringe. Benefits should be supported by invoices.. showing the amount paid on behalf of the employee (e.g., insurance premiums paid), If the contract specifically states that fringe benefits will be based bn a specified percentage' rather than the actual cost of fringebenefits, then the calculation for thefringe benefits amount must be shown. Exception: Governmental entities are not required to provide :check numbers or copies of checks for, fringe benefits, (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes; which includes submission of the claim on the approved State: travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made. based on paid: invoices/receipts. Ifnonexpendable property is purchased using .State funds, the contract should include a provision for the•transfer of the: property .to the State when services are terminated. Documentation must be provided to show compliance with. Department of Management Services Rule 60A-1,017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal .property as defined in Section 273,.02,Florida Statutes, for subsequent transfer to the State: (5) In-house charges Charges which may be of, an internal nature (e.g., postage, copies, etc,) may be reimbursedon a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid. based .ona specified rate, then the calculation should be shown. Contracts :between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimburserrient request that may be' in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference .Guide for State Expenditures .can be found at this web address httes://www,myfloridacfo.com/Division/AA/Manualsldocuments/ReferenceGuideforStateExnenditures.odf, Page 36 of 37 DocuSign Envelope. ID: 97568CAD-87F0-49EF-A1 B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form :725.000-02' STRATEGIC DEVELOPMENT CDC 01/23 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE. FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:- Awarding Agency: Florida Department of Transportation. State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $1,500,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https:l/apps,fidfs.com/fsaa/searchCataloo.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State :Project Cornpliance Requirements for CSFA Number 55.004 are provided at: httos:f/apps.fldfs.cornlfsaalsearchcompliance.aspx The State Projects Compliance Supplement is providedat: https://apps.fldfs.comlfsaa/compliance.asox Page 37 of 37 DoeuSign Envelope ID: 97560CAD-97FD-49EF»A1B5-DE315BEB3BB2. To: Raymond.Clark@dot.state,fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2H31 2/15/2023 CONTRACT INFORMATION •;Contrac G2H31' 'Coi�t�ast'fyp GO -GRANT DISBURSEMENT (GRANT) Method`;af Procurement G GOVERMENTAL AGENCY (287.057,F.S.) VendorWa rrf eii<`z` C)TY.OF CLEARWATER !Vendor:1D; P596000289005: Beginning Da e'of :This _Agreame 02/14/2023 'Ending; Date o ' reemen 06/30/2026 Coritmit .010ElBiidgelAry;Celaii ct ='$1,600,000.00. ;Descript Reconstruction and MiII/Overlay Runway .& Taxiways. FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVEEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 2/15/2023 Actio Original Reviewedor:Apprvei APPROVED QF.ganiza 96::Cg e 55072020728 EipaisionQ A6 OtijectCQ 751000 Aniapn S1,600,000.00 Flnancial.Projecfc 44680519401. Work�Acbv�ty (FCT 215 CFDA• Fisca[� 2023 13 idgepEr t ly 55100100 Category/Cain° 088719/23 •Amendment:, 0001 Seg0en 00 UserAssignedl Enc`Line Ss /Statds: 0001/04 Total Amount: $1,600,000.00 Pagel of t Public Transportation Grant Agreement Project No. 446805-1-94-01 Contract No. G2H31 Brian Aungst, Sr. Mayor Approved as to form: Jennifer Po rier City Manager Attest: Melissa A. Isabel Senior Assistant City Attorney Rosemarie CaII City Clerk