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97-30RESOLUTION NO. 97- 30 ,� A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT B�TWEEN THE CITY OF CLEARWATER AND TNE STATE OF FLORIDA DEPARI"MENT OF T'RANSPORTATION, TO CONSTRUCT A NEW TERMINAL BUILDING AT CLEARWATER AIRPARK; PROVIDIN� AN EFFECTlVE DATE. WHEREAS, the existing Ftight Operations Terminal Building at Clearwater Airpark was constructed in �970; and there are several problems v�ith the existing building including, non-compliance with current American with Disabilities Act (ADA), severe differential foundation settling, termite damage and inefficient HVAC systems; WHEREAS, the replacement of this building is currently programmed in the City's budget for FY 00/01, with the location to be determined during the Airpark Masterplan update process; and WHEREAS, the Florida Department of Transpiration (FDOI� has agreed to provide 50% reimbursable funding fior the coe�struction of � new flighf �� operations t�rminal buiiding at Clearu�rater Airpark under Joint Participation Agreemeni !/VP9 7826659, Job �l0.15007-387?, a copy ofi which is atfached hereto as Exhibit A, if execuied prior to .1une 3(}, 1997; nowr, therefore, B� IT I��SOLVED SY TNE CITY COit�Nii�Si�iV OF TIiE CITY OF CLEARWP►TER, FLORIDA: Secfion 1. The City Co�ramission hereby accepts and approves the Joint Participation Agreement between the Ci�}/ and the �ta#e of Florida Department ofi Transportation, 4NP! (�o. i82665�, Jab R6o. 15Q�7-3877, 4o Construct a New Terminal Builcling at Clearwater Air�ark. Section 2. This resolutiQn shald iake efFect immediaiely upon adoption. PASSED APVD AGOPTE� this Gt day of I�ay, 1897. Rita GaNe�, Mayar-Commi oner Approved as t� form: Attest: �� "" --�' --- � ,�� ' �jr�.. John Carassas, Asst. Cify Atfamey Gyn ia . udeau, City Clerk � Reso9ution No.97-30 STATE OF FUDNDA DEPARTMENT OF 77NNSPORTATION PUBLIC TRANSPORTATION JOYNT PARTICIP.�T[ON AGREENlEIIe11T FORM 153-070�06 rueuc ranr+sr n��Mn+ ooc • ovi� Page 1 of 1) WP[ No: 282�59 Fund: 010 SAMAS Approp: 088719 Functiort: _ !'i7 SAMAS Obj.: _.19�i107 Job No: 15007-3877 — Federal No: Org. Code: �5072(120728 �Contract 1Vo: F.-078 _ Vendor No.: F59G000289002 THIS AGREEA�dENT, made and entered into this day of , 19 , by and between the S'�A'd',E �F FLURIDA DEPARTMENT OF TRANSPORTAITON, an agency of the State of Florida, hereinafter referred 4o as tt�e Department, and�+ of C�A�*s M*°r�p n Box 4748 GJearwater, Fi. 34518-4748 hereinafter referred to as the Agency. lNITNESSETH: WII�EREAS, the Agency has 4he a�thority to enter into said Agreement and to undertake the projecE hereinafter described, and the Departmecat has been granted the authority to function adequately in all ueas of appropriate jurisciection is�ciculing tihe impEemen9ation of an integrated and ba(anrzd iransportation system and is authorized under ��� n(LS �c5) ,Florida Statuees, fa enter in:o this Agreement; IdpW, Td�tEE'pPtE, in consideeation af ahe mutuai covec�asifs, gcomises aad cepresentations herein, the parties agree as follows; � 1.00 Pucpose of •Agreement: The purpo� of this Agreement is to provide funding for the construcdon of a new teemina! building. and as further descrihed in �xxhibit(s)11,.�5'�d.� attacheci hereto and by this reference made a part hereof, heseu�after referred eo as d�e pro,�e�t, aaxi tn �rovisfle �uta1 financial assistance to the Ageacy and state the terms �nnd condition5 upon whicl� such assistance witl he pravided' and fhe waderstandings as to the manner ia which the project will be undertaken and completed. � �xhibi� A �e�• G� / "'�` � FORM T2Wloa6 PU8l1C TRANSp ADMIN OdC�• 09/96 PY`e2o(Il 2.00 Accomplishm�nt of the f'rojects 2.10 General Rec�uirer�aeatts: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a pare hereof, with atl practical dispatch, 3n a sound, economical, and efEicient manner, and in aecordance with the provisions herein, and all applicable laws. 2.20 Pursut�nt to �ederni9 State, and I.ocal Luw: Irt the event that any election, referendum, approval, permit, no6ce, or otherproceeding or authoria�don is requisite under applicabie law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to obscrve, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consurrunate, as provided by law, all actions riecessary with respect to any such matters so requisite. 2.30 Funds of dtae Agency: 1i�e Agecxy shall initiate and prosecute eo comple6on all proceedings neczssary including federal aid requirements to enable the Agency tu provide the necessary funds €or comple6on of fhe project. 2.40 Submission of Proce�din�s, ContracQs and Othea� I3ocumenis: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating io the project as the Departmer,t may require as listed in Exhibit "�" attached h�reto and by dhis reference made a part l�ereof. ' 3.0� Pt•ojest Cast: 'd'he t4ra1 es6cnated cose of the project is $�,QaiD . This amount is Uased upon the estimate swn��aariaed in Exhibit "B" attached hereto and by this reference made a pad hereof. The Agency agrees to bear ap expenses in excess of the total esGmated cost of the project and any deficits involved. s$,pQ Derpart�ttent Patt6cipaiiona The 1?epartrnent agrees to maximum participation, including con6ngericies, in the �project in the amount of $ IiKI Q� as dek�iled in Exhibit "B", or in an amount equal t:o the perc�niage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Proja� Cost Elip bility: Pro}ect cos^s eligible for State Fartici�ation will be allowed only from the effective date of this Agreement. It is undersP,00si that State participafion in eligible project costs is subjece to: (a) Legislative approval of the Department's appropriadon request in the work program year that the project is scheduled to be committecf; (b) Availabiliiy of funds as stated in pacagraph 17.00 of this t�greameni; (c) Approval of all plans, specifica6ons, contracts or other obliga6ng documents and all other tierms of this Agreement; (d) Department appravai of the project scope and budget (Exhibits A�c B) at the time appropriation autE►oriry becomes availahle. 4.20 Front Ered Fund'e�g:lFrafft erxD fui�ing (X� fis not) applicable. 4f appiicable, the Departrnent may ini6ally pay 10096 of the tohal allawable inaarr�d proj�ct c�sts up t� an amo�ant eyual u► 4ts totai share of participation as shown in paragraph 4.00. 5.00 Retain�ge: Retaiaaage (X}t� rs notj a�plicable. If applicable, N/A percent of the Departmtnt's total sharo of partic'spa�on as shown in paragraph 4.00 is ta be hcid ia rctainage to be disbursed, at the Department's discredon, on or before the ea�mpletion of the final project audit. � ���� �� ��� FOftM T1S�R.b96 PUbIJC TRANSP ADMIN ooc. mroa Pa6e 7 of I l 6.00 Prolect Budget und E'syment Provisiores: 6.10 'i'��e Project Budget: A project budget shall be prepared by the Agency and approved by the DeparUnent. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the IatesY approved budget for the project. No budget increase or decrease shall be effecdve unless it compties with fi�rod participa6on requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptrolier. 6.?A Paytt�en,t I'eavis6ans: U�.les�s oiherwise allowed u�der paragraph 4.?A, Qayment will tsegin in the year the project os project phase is schedsiled in the work program as of rhe date of the agreement. Payment evi11 be made for actual costs incuned as of the date the invoice is submitted with the n"nal payment due upon rec$ipt of a final envoice. 7.00 Accounting Itecords: 7.10 F,siiablish�raent and Maintenanc� of �,ccounQing 12ecords: The .4gency shal! establist► for the project, in co�armity with requiseanents �stablished by l2epacimeeae°sprogram guidetines/procedures and "Principles for State and Local Governmenls", separate acc�ents � b� maintaiaaed svittuae iG, existing accflunting system or establish independent accounts. Such accounts are refened to herein collecYively as the "project account". Documenta6on of the project account shall be made available to the Department upon request any time during the period of the Agreement and %r five years af2er final payment is made. � 7.?A Funds It�eiv�d Or Made �.v�ii�bte �ar T4�e Pro,�ect: i°he Agency shall appropriately record in the project .�,��acc�sunt, artd deposit in a ba�Ec or Yrust ooanQauy which is a member of itae Federa4 Deposit Insadrance Cbrp�ration, all payments receiae� by it from the L�egrastrnent pursu�nt to Yhis Ageeeenent and all other funds provided for, accruing to, or otherwise m,ceived on account of 4he gra;sct, whnci� Departmeni payments and other funds are herein coldecfively refereed to as "project funds". The Agency shatl requirs depositoeies of project funds •to secura condnuously and fWly all projecY fun�s in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Departmen4, by the de�osit or setting asit7e of collateral of the types and in the manner as prescribed by State Law for the security of public fuacis, or as approved by the I)epartment. 7.30 Cabts Incur�r�esi for ti�e Proje� 7iie Agency shaif charge to the praject account aU eligible costs of the project. Costs in excess of the lat�se approved budget os attribukable tn acflons which have not receivecl the required approval of the Departrnent shall not ba r,onsidereti eiigibEz cQSt�. 7.40 I3oatme�taticu� raf A'rnjs�4. �Sis: AU costs chargesi eo the project, including aay approved services contributed by the Agency or others, shall be sugpartesl by properly execute.� payrolls, 6me records, invoices, contracts, or vouchers evidencin� io proper detail the nawre anct rropriety of the cl�acges. 7.50 Chedcs, Orders, and Voucl2e�: Any check or order drawn by the Agency with respect to any iYem which is a will be chargeable agad�s4 the projeci acc�unt will be cLrawn only in accordaace with a properly signed voacher ihen on file in the of�oe of the Agency stating in proptr detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, confracts� vouch�rs, orders, or ot�er accbunring documents pertaining in whole or in part w the project sha11 be . cleariy identified� readily accessibCe, and, to the exteat feasibte; kept separgie and apa�t korn �II ather stich document�. � �4r� � �� m VV FORM TLSiA(106 �PUUUC TRANSP AUMIN OOC - 09l96 F'Kn�d11 � 7.60 Audif Reporis: 'd7�e Agency �all provide to the Department audit reports reflecting the use of the funds of the Deparbment, the Agency, and ihose from any other source with respect to the project as required by Procedure 450-021-001. Aud'ets shall be performed in accordance with geneca(ly accepted government audiGng standards contained 'en the "Standards foe Audit of Governmental Organiaa6ons, Programs, Aciivities and F�nctions", issued by the U. S. General AccounGng Office and ONdB Circulaes A-123 or A-133 where applicable. 'Y'he Agency shall require its auditors to inciude in tt►eir report a schedu(e of project assisiance as descrebed in Exhibit "A", Special Considerations. ?.7�D Insurs�ce: Execu6an of fhis 3oint Participa6on Agreement co�stitutes a certificarion that the Agency has and wil! maintain the ability to cepair or eeplace any projece equipment or facilities in the event o€ loss or damage due to any fti._p accid�nt ar casualry for the use�'i�1 life o: such equipment or facili6es. In the event oP the loss of such equipment or facil�ees, $'°� dte Agency shali either replace fhe esiuipment or faci(ities or reimburse the Departmen! to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Depastment may waive or modify this secdon with an lExhibit "G". 8.00 Requisidions ared Fayments: S.flO Action by the Agency. Yn order to obtain any Department funds, the Agency shall file with the Departrnent of TracLSgortation, Districi _ S.�en _ Public Transportation Ofiicz � 1201 N McK�r�v Drive. Tamna . Florida, 33b12 i1s requisitdo� on a form ac forms pseseribed by t4ie l�epartrneai, and other data pertaining to the project account (as defined in paragrapb 7.10 hereo� to jusdfy and sup�o�t the payment xeequ3si6ons. 8.11 Invoices for fees c�r o8her c.flm�.°.nsation for �rvices or exp�nses shall be submitted in detail sufficient far a '�g�p�er preaudit and pasraudit Lhereof. . 8.12 Iavoices f4r any travel expen�es s2sa11 be �bmit�ed in acc°raance''�sd� Chaptec 112.061, F.S. The Department �say esrablish rates lowee than the r�ximum provided fln Cl�ap�ee 112.06f, Fforida Statutes. 8.13 For real p€aperty acquered, submit; � (1) the date 94�e Agency acquired the real proPenY= (2) a scatement by the Agency c�rtifying that the Agency has acquired said real property, and achial cansideration pa4d for real propeety. (3) a statement by the Age�ncy cectif}nng that the appraisal a�d acquisition of the real pro�cty together wit� ar►y atte�laaat refloc�6on of mcaxpants was aGCOrnptished in compliance with aU federal laws, niles and pe�diu+rs ree�urr�i by ac�y f�dera! ove:sight agency ancl with atI sta4e laws, ndes and procedures that may apply tc► the A�en�y acquiring the reai propee�ly. 8.20 The I}cpartment's Obli�4x'�.s 5ubjact to other pmvis►ons hereof, the Department will honor such requisitions in acnounts and at times deemed by the A�c(��tment to be ProPer to ens�ue the carryin� out of the project and payment of the eligible cosis. However, notwidu�r� any aii�Cx pmv�sion of tbis Agreement, the DeEsartment may elect by aotice in wri6ng not W make � payment on the project if: 8.21 M"isrepre��rzaWtion: Th,- �4gency sl�aali Yravc made misrepresentaGon of a material natur� in its applicaGon, ��yr �nt tt�ereto or amencicntnt d�ereof� ar in Csr vrith ��t W�ny dbcun�ent or clata t'wnished ilterewitf� or pursltant . herCW; $.� i�ti�PFoaE:7i�ete is ther� p�ding li�g�►tion widr eespect to che per�ornsance by the Agency of arry' of its dudes � Q6liglti� �ch may ja�pardize nr adver�ely af�cct the project, thc Agteemenc; tir payment� i�r tlse project; �C� Approtisl by l�ep�r�rrt�i: 'iis� ��ncy sit�l tsavc �akrn �I' �c� pettainiag t� t�te pt�'�ci which, t�' ����t��ti ,regt�ces t�te "a�COV�J t►i'tt�! dcpairtrr�s� t�t' 1t� tnade �a��cd expet�d�dt�� cx' irtct�tr� tcla#escl trtr�i�2ii�s ,���. �I �'�� FORM TtSO?U06 PUBIJC TIUNSP ADMIN OOC•OOM6 W6etdU ��rithout having been advised by the Department that same are appcoved; 8.24 Conflid of Interests: 'It�ere has been any violation of the conflict of interest provisions contained herein; or 8.?S Default: The Agency has been determinQd by the Department to be in defauit under any of the provisions of the Agreement. 8.26 F�ernl PauYi'cipatiai (If AppGqble): tlny fedecal agency providing federal financial assistance tu the project suSpet�cis or 4erminates federa! ficac�cial assiseance co che project. Hn the event of suspension oe termination of federal financial assistance, the Agency wili reimburse the i2epartment for alt disallowed costs. $.30 Dis�lI�wed Cosiso Iet deternuning the amount of the payment, 4he Departrnent wili exclude ail projects cosu incurred by the Agency pcior to the eflFecdve date of this Agreement, costs which are r+ot provided for in the ]atest approved b�asiget for tf�e project, aau! � attributable to goods or services received under a contract or other arrangements which have not been approved in wri6ng by the DepacEment. 8.40 Pay�aait Oft�ef: If, after project cocnple6an, any claicn is made by the Department resulting from an audit oc for evark or se�vices performe�l gusstian2 tu dus agreement, the Depa�tment may offset such amount from payments due for worlc or �rvices done urider any public taanspostation joint partir,ipa6on agreemeat which it has with tlne Agency owing such a�aunt if, upon demaced, paya�tent of the amount is not made withias sixey (60) days to the Departrnent. Offsetting amounts shall not Ife considered a breach of contract by she Department.. . . 9.Oa '1'erminstion �r Saes�semn �f Proje�: . � 9.10 '�erta�inafeo�t � Saupea�s�oce G�a►e�ally. I�F d� Agency aban�ons or, t�efore completion; finally discontinues the project; or tf, by reason of any of the events ae conditians set forth an paragaaphs �.21 to 8.26 incfusive, or for any other �n, �►e commencemee��, psoseeu�ion, oc timety c�mpledon of the pcoject by the �gency is rendared improbahle,. infeasible, impossible, or illegat, the Departmen� wili, by written notice to the Agency, suspend any oc all of its obliga6ons under this Agreement undl such tima as die event or condition resul6ng in such suspeasian has ceased or been corrected, or the Department may tesminate any or all of its obGgatimns under this Agreemen� 9.11 Action 3ubsequent to PVatice of Termination or 5usp�xesdor+. iJpon seceipt of any final termina6on or sus�etuion notice unrler tiris p.�sragraph, the Agency shail proceed prompdy to carry out the actions required therein which may include any or all of the foUavving: (Y) ��eccs�ry ac�ion to ieeminate or suspecui, as the case may be, project activities and c�ontracts and such othee action as may be requirecl or desirable to k�p ta� Ehe minimum the costs upon the basis of which the ficrat�cing is to be computed; (2j fiunis�r � statement of the project activities aad contracts, and other undertafangs the cost of wtnch are otherwi.� in�ltufa3�ie as pm,�ct s�sts; and (3) rea►it to the Department s�cl� portion of ihe financing and any advance payment previously receevcd as is de2ee�rnirsed by the D�partrn�nt t,a be due ureder the grovisions of the Agreement. The termioation or susgension shal! tse c,arr�ed oui in conformity with th�e latesti sct�edule, ptan, and budget as approved by the Ikpartmeat or uQon the basis oi tesms and conditions imposed hy the Department upon 9he failure of the Agency to furnish the schednle, plan, and budget within a rcaa ,�onable timc. The approval of a remittance by the Agency or the closing out of federal financial partia�tioa in the pmjec;t shall n�t consfitutc a waiver of any claim which the Department may otherwise have arising out of this Agreemr�a�. . 9.12 The i)epartutexit rrse�ves tf� rig�tt ta �iru(aterally cancel thi5 Agreement fdr refits�i by the contractnr or Agency ` to atlovr public access to all dacu�nls, pagers, tettcrs, or �ther ma�tenal subjcc( to thc provisiuns e�' Chaptcr 119, Florida St�wte� and made or rereived tn c;anjunction rvith th�s A�etmen� � 10.f10 It+emissinr� ot` tMoj�! �cx.+wnt Upa�ii Complelian bt f'rojcs[: L►pctn r,�mptetiar� o� !fie project,, �nd a�ur 1��� P� � I�YmCnt, � reimb+►tsem�;nnt of �11 proje�t cx'�s� ptiyafr� froat ttt� ptt►�eCt ac,t�wit u tnade, thC Agcncy �,�°.�t1 r�it t�i t#� Dcpattmet� it� �ra trfatry it�eirpende� 1'ra%t�r.e in if� proj�ct arcriuttt� ��� ����� �� �ss-0oo-a PUBIJC 7RANSP ADMIN UOC • 09l96 Yade 6 of I I 1H.00 F�,�sdit �usd [nspecSion: The Agency shall permit, and shall require its contractors to permit, the Departrnent's au9horized represeatatives to inspect a!! work, ma4erials, payrolis, records; and to audie the books, records and accounts peetaining to the �inancing ansl development oE the project. 12.Q1Q Contracts of the Agency: 12.l0 Tlaird P'ar�y t��eements: Except as otherwise auihoriaed in writing by the Departrnent, the Agency shali not execate �ny contract or obligate itself in any manner requiring the disbursement oE Department joint participa6on funds, encluding consultanc, construc6on or purchase of commodi6es contracts or amendments thereto, with any third party with respec.K to Yhe project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for tanpayment by the Department as pr�videsi in garagraph 8.23. The Department specifically reserves unto itself the right t�n review the qualifications of any consult�nt or contractos as�d to approve or disapprove the employment of the same. ]2.2U Complianc� with Consult�n�s' �m�tive I°Iegot�ation �,d: Ye i� uc�decstood and agreed by .the parties hereto t�iae participadon by the Uepartmene in a project with an Agency, �vhere said pcojece invo(v�s a consultant contract for �riceg, azchitecture or s�aveying �rvices, is condngent o� the Agency complying in full v✓ith proNisions of Chapter 287, Tr"tarida Statutes, Consultants Competifive Negotia6on Aci. At the discretion of the Aepartrnent, the Agency will involve the I?epaetment in the Consultant Selection Process for sl! contrac�s. In all cases, the Agency's Attorney shall certify to the Aepartmene that selection has been accomplished in compliance with the Consultant`s Compefi6ve Negotia5on Act. 12,30 Disadwanta�ed Business Enterpcese fD��i 1'olicy and Obiigation: • 12.31 DB� Poiicy: Yt is ihe polacy of the Department 4hat disadvantaged busin;ss enterprises as defined in 49 CFR �pa�t 23, as ame�, shall have the maximuna opporGu�iYy to gart�cipate in the performance of c�ontracts financed in whote or in pari witia Departmen: funds under this Agreement. '1'he DBE requirements of 49 CF�t. Part 23, as amended, apply to this Agteemenc. • 12.32 ID�E �bG�tioei: 'i'he Agemcy and iis contractors agree to ensure that Disadvantaged Business.Entecprises as def�d in 49 CFR. Part 23, as amer�led, t►ave the maximu�s opportunitY ?o participate in the pea%rmance of conuacis and tlus ,q,gree�nent In dils regard, al! cecipien�se and contraetors shall take atl necessary and reasonable steps in accordance with 49 CFR Part23, as�amended, to e�us ti�t the I�isadvantaged Business Enterpreses have the maximum opportunity to compete ��d perform contracts, Gra��t�s, recipienss �nd their contractors sball not disccinunate on the basis of race, color, nafional origin or sex in the award azsd perforanance of I3egartment assisted contrac4s. 13.00 Restrictions, fl'rohibifions* Coraia°ots, su�d I.�t►or Proresions: 13.10 Equa1 lEarapioymcnt Opportonity: in connection with the carrying out of apy project, the Agency shall not discc'uniaate against aacy emplo�ee or applicxnt for employa�ent because of raec, age, ereecfi, color� sez or na6onal origin. The pgeocy �vil! take af6rnlative actifan to ensure tl�at applicant� are employed, and ti�at employees �re treated durinR employment, without regard to theu race, age, creed, coioc, sex, or narionai origin. Such action shall include, but not be limited w, U�e following; Employment tqsgr�ding, c�emorion, ar transfec; recnutment or recruitment adverbsing; layoff or terminadon; rates of pay or other focros of compensatian; aesd sctec6oa for trai�ing, including appren4iceship. The Agency shall insert the foregoing provisian malified only fo show ih� pacticular coatrdctual relationship in aU it5 con�racts in connecbbn with the ' dovelopmCnt or opera6on of U�e project, except cdntraas for thc standard cc>mmercial 5uppiies or raw materials, and shaU require ail such eontractors to insect � simiiaz provision iu a1! suboontraa�s, exccpt subcontraccs for standard commercial pplies � ratv ma�eriafs. When the project in•roldes inst�ii�tioni construction, demoti6on, removal, site improvement, or �,_,� �t� t�e /4ge�icy shaq post, ia r,o�cuous places available w employees and applicants for emptcfyment for pruject �vor�c, noticrs ta 6e provi�ed by the Department �tting forth tht provisions of t�e nnndiscriminaeon clause. ��� r ��°�'� FoNM 7itO,1606� i'UBIJC TRANSP AU W N� pOC • Oo�ati P.te7dll 13.24 Tide'8�I • C'.avil Righfs Ast of 19b4: Execution of this Joint Paeticipa6on Agreement constitutes a certifica6on that the t�gency will comply wiflia ali she teguirements imposed by Tide Vd of the Civil Ytights Act of 1964 (78 Sratute 252), the Regula6ons of �ae �esleral Department of Transportation issued thereunder, and the assurance by the Agency pursuant theeeto. 13.30 Ttle �ffi � C",avi9 �ct+ghts Ad of 1968: E.zea�6on of dus Joint Participak�n Agreement cons6tutes a certification td�t the Agency will comply cai4h all the requieements imposed by 'Y'itle VIII of the Civil Rights Act of I968, 42 USC 3601,et seq., wfiuch among othee itungs, prohibits discr+mina6on in housing on the basis of race, color, national origin, religion, sex, disability and familial status. A3,4Q A��tericae�s with Disabilities Act oF 1990 (ADA): Execution of this Joint I°articipaUOn Agreement constitutes a cr.rtifeca6on that she Agsncy will comply rvith all the requirements imposed by the ADA, the regulations of the federal govercunent issued thereunder, and the assurance by the Agency pursuant thereto. 13.54D Prohibitr.�i Int�s: Neither she Agency r►or any o€ its contractors or their subcontractors shall enter into any oonm�ct, �beontracc, or �rdnger�eent in ca�efion with the project or any properry inciuded or planned to be included in the projece, in which any member, o�'i'icer, or employee of the Agency during h3s tenure or foc two years thereaftee has any inferest, direct or i�clire,ct. If any such psesent or former meenber, officer, or emptoyee involuntarily acquires or had acqweed preor Oo tiee beginrning of ivs tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency w�th prier approval o� tha i�eparement, may �ve t6e prohibition contained in'this subsection: Provided, that any such present member, afficer oe empioyee �h.all �ot paaticipate in any actian by the Rgency relating to such contcact, svbcontract, or w' aeraagement. °id�e Agency shali inserc in all contracts entered inio in connec6on with the project or any propercy included or �laaaned to be isciuded in any project, ancl shall reQuice its contractors to insert in each of theie subcontracts, the folluwing psovisinn: • _ ' . "A10 me�6ee, offioer, or emptoyee of die Agency during•his tenure or for twa years theeeafter shall have any interest, diTeCE oP indireci, in this cmntract or t�ie proc�eds thereo%" 'The provesions of this slab�ec�oa slbali not be applicable to any agreement between the Agency and its fiseal depositories, or t.� any agceement for utility serveces the rates for rvhech aee fix�d or controlled by a Govemmental agency. 13.60 Inter�st of A�teanbea�s of, or De�egates to, %ongess: No member or delegate to the Congress of the United States shall be admitt,ed ias aEay st�are or part of ttae Agreement or any henefit arising therefrom. 14.Q0 N�celtanenus P'ruvisdons: 1�.10 Envirottmentrl F�9tuteon: Fxecu6on uf this Joint Participation Agceemen� constitutes a certification by the Agency d�at d�e project wiU be c�reerl crut in conformance wiih a16 applicable environmeatal reguladons including the securing of any applicable pernuts. The Agency will be solely responsible for ary Diability in the event of non-r.ompliance with applicable environrnental r�SulaBo�, including tt�e securing of any applirabie permits, and wiU reimburse the Department for any loss ineurced in c�nnee6on thecewith. 14.20 Departmes�E l�iot Cibligated ta� Third Parfies: Th� nepartment sha8 not be obligated or liable hereunder ta any party otNer than the Agency. I��i I • � � �FORM T7SOJ606 PUOUC TRANSP ADM1N OOC • 09146 Pa�eddll '� 14.30 When Rights and Remedies Not Waivedc In no event shall the making by the Departrnent of any payment to the Agency coe�stitute or be construed as a waiver by the Depactment of any breach of covenant or any default which may then exist, on the part of the Agency, ard the maldng of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice �ury righi or remedy available to the Depa�Unent with respect to such breach or default. 14.40 How Age�eement �s Affected by Provisiat�s �eing Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agceement sha9i not be zffected. In such an instance the remainder would then condnue to conform to the terms and requirement� of applicable faw. � 14.50 Banus or Camc�ission; By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or TerritQrial Y.aw: Nod�ing in ihe Agreement shall require the Agency to observe or enforce compliance with azry pmvision �sereof, perform any other act or do any othec diing in contravention of any applicable State law: Provided, that if any of the provisions of the Ageeernene veoiate any agplicable Srate law; the Agency will at once nodfy the Departrnent in wrcting in order thai apprapriate r,hanges artd modefications may be made by the Department and the Agency to the end that the Agency may pr�ce�d as s�n as possibte v�i8h 4he project. 14.70 Use and �inteaearice of Pr�;�t F�celiti� aa�d �q�pment: The Agency agrees that the project facilities and ' equ9pment will be used by the Agency to provide �r support public 4racasgc�rtadon for the period of the usefiil life of such facilities and equipment as delermir�ed in accorc�ance wifh �an..raI accounting principles and approved by the Department. The .4ge�y further agrees en maintain d3e prQject facilities and equipment ia gomci worldng order for the usefail life of said iacilifies ,� or ec�igmenG � 14.71 Pna�y ��sd5: 1�e Agency agsees to t»air►tain properrty records, condact physical inventories and develop eontrol systems as rec�uirecl by 49 �FFi Part 1$, when applicable. 14.80 Disposa! mf Project Facilities or EquipmerDt: If ihe Agency ciisposes of any projece facility or equipment during itc usefW life fos �ny purgose except its replacement with iike faciliry or equipment for public transporta6on use, the Agency will comply cv6th the tecros of 49 CFR Fart 18 eelating t� property management standards. The Agency agrees to remit to the Department a grogortional amount of the proceeds from the disposal of the facility or equipment. Said propor6onal amount shall be determin� on tise i�sis of ihe satio of the I)egartrnent financing of the faciliry or equipment as provided in this Agreemen� 14.90 Contr�taai Indemiuty: �'0 lisc eRt�nt provided by law, the Agcncy shal! indeau�ify, defend, and hold harmless the Departrneat and aU of its officers, ageots, and emQloyees from any claim, loss, damage, cost, c6arge, or expense arising out of any act, error, ornission, or r�gSige:ne act by the Agency, its agents, or employees. during the pecformance of the Agreement, ezoept that neither the Agency, its a�ents, or ils employees wil! be liable under this paragraph for any daim, loss, damage. cost, chargc, or exgense arisin� out of any act, enror, omission, or negligent act by ihe Department or any of its officers� agents, or employees during d�e peeformanc� of the Agreem�nt. , When the Db�artrnenE eeceives a notiae of ciaim for damages that rnay have t�een caused by the Agency in the performance nf servir�es cequired undar ifris Agreement, the I3epartment will immediately forward the claim to the Agency. The Ageacy and the Deiaartment will evaluate the claim and repart their findings ta each other within fourteen (14) woridng ` days and tvill jounly dise�s �ptiar�s in cSr,f�nding tt�e cL�int, After revieWing th� �taim, the Departrnent will detcrmine whether �► rec�ut�e the partieipatioa of the Agency in ihe defense of the ctaun ot to require t}sat the Agency defend the Department in svch claim as described in this seetion. 1i�e Depart�nent's faitur� Co promp�ly rsotify the Agency �df a r.laitli shaU not act as � wai�et' of �ay right herc;�n i� requirc the particip�don irti r�r defet� of the claim by the Agency. 'Thc �rfrnecr# �nd ct�c Agency will each �y its ov�m expet�cs %r tt� e�+alti�tiori, sedlement negdti�tions, and trial, if atry� Hm�c;v�� if t�y ��atty pattici�f� in tbc defcas� e�f the �ain► �t �1, that p�rty i� res�iontib�� fo� ail expcnces ai trial. i���. �� � � PORM 7LSO76qG PUBLIC TRANSP AUMIN OOC - 07/96 P�ge 9 0( I I 15.MD Flans arod Sp�ificutioass In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval al! appropriate plans and specifications covering d�e pro}ect 'li�e Department wip review all plans and specifications and witl issue to the ,4gency written a�pe'oval with any approve.ai portions of dee grojece and camments or recommendations concerning any remainder of the project deemed appropriate. After reso9ution of these comments and recommenda6ons to the Department's sadsfaction, the Departrrient will i�ue to tfie Agency written approval with said x�mainder of the project. Failure to obtain this written approval shat( be sufficient cause foa nanpaymenf by the DeparUnent as provided in paragraph 8.23. 16.00 Froject Completion, Agency Cerkificxttion: The Agency will certify in wri6ng on or attached to the final invoice, that the project was completed in accfledance with applicable ptans and specifications, is in place on the Agency facility, that adequaate title is in the Agency and ahat the project is accepted by the Agency as suitable for the intended purpose. 17.00 A�propriation of Funds: 17.10 'Z'he State of F7oreda's performance and obligation to pay under this Agreement is contingent upon an annual appropria6on by the L.egislature. • 17.20 R�Ie�lfi-Year �mmiicxt�et: In the event this Agreement is in excess of $25,000 and has a term for a period of more d�an one yeas, d�e ganvisions of Chaptu 339.135(6}(a), Florida Statutes, are hereay incorporated: "(a) The Departrnent, • during any fiscal year, shall not expend maney, incur any liabitity, or enter into any contract which, by its terms invo[ves the expendiwre of money in excess of the amoients budgeted as available for expenditure during such fiscal year. Any contract, veebai or writtep, tnade in v9oflation of this �ubsec6on is nttVl and void, and no monay may be paid on such con�act. The �De�SarYrnent �hall reqe�re a statenaent from the co�ptrollee of the I?eparEment 4hae funds are available prior to entering into any �,,3such cctnYrac4 or ot6er birr�iing �mmitrnent of funds. Notfaing herei�er contaireed shatl prevent fhe maldng� of contracts for periods exce�ding 1 year, but any eonirace so made shal( be executorv only foc the value of the services to be rendered or ageeed to ba paid for in succeeding �iscal yeacs; artd phss garagraph shald be encorporater! verbx6m in ap contracts of the Department �vhich ae� for an amount in excess of 23,OQ0 doIlars and which havc a term for a period of more than 1 yeac" 18.00 Expiratia*� Qf Agreeataenl: The Agency agrees Yo complete the project on or before Ivlarch 3(l. ZOOD . Yf ihe Agency does not complete the project within this 6me period, this Agreement w�lt exgire eanless am ext�e�ion of t}►e 6me peri�d is requested by the Agency and granted in writing by the District Secretary, Distriet Seven . Expiradon of this Agreemene avil! be considered termina6on of the project and the procedure e.stablished 'en ��agraph 9.C1C) of ehis Agreement shald be ini6atetl. 18.10 F'�1 invt�6u� 1%e Age�cy mtist submit tt�e final invoice on this project to t3te Department within 120 days after the expiaadon aF 9h�s Agreemen4. Invoices suban'stte.d after ths 1?A day time periai wiil not be paid. 19.00 Agr�eeir►ent Form�tt All words used herein in the singular form shall extead to and include the plural. All words used in ihe pluca! fonn shall extea�r3lo and in�lude tha stingular, All words used in any gender shall extend to and include all genders. 211.40 �xa�a�n dt Agrear�e#: 'I�in Agrcement may be vmultaneously executed in a minimum of two counterparts, each af which so executed shall be decmcd to be an ariginal, and sueh cvunterparts together shall consatute one in fhe same instrumen� 21.00 RestriMiQns on Lobbyir�gs � ��, ���" � FOHM T7S�07406 PUBIJC TRANSP AbMIN OOC • 09196 Pa6e 10 af � 1 ��? 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attemp6ng to influence any o�cer or employee of any federal agency, a Pvlembet of Congress, an ofificer or employee of Congress, or an employee of a Member of Congress in connec6on wiih the awarding of any federal contract, the making of any federa! grant, the making of any federal loan, the entering into of any 000perative agreement, and the extension, continuaeon, renewat, amendment or modification of any federai contract, grant, loan or cooperadve agreement. If any funds other tt�an federa! appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employce of any federat agency, a Member of Congress, an officer or employee of Congress, or an empicayee of a Member of Congre� in cone�ec6on with this Joint Participation Agreement, the undersigned shall complete and sut�init Standard Form-LLL, "Disclosiue Form to RepoR I.flbbying," in accordance witlt i4s instructions. The Agency shail require that the language of ihis section be included in the award documents for all subawards at all tiers ('utcluding subcontracLs, subgranis, and contracis under gant�, loacu and cooperative agreements) and that all subrecipienu shall certii}r and disclose accordingly. 21.20 State: No funds received purs�aanc to this contract may i�e expendecl for lobbying the Legislature or a state . agency. . 22.00 Vendors Righ4s: �endors �n 'd►is doc�ernent iden6fied as Agency) providing goods and services to the Departmeat should be aware of d�e following time frames. Upon receipt, the Departreeent has five (5) worldng days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The llepartanent has 20 days to deliver a request %r gaymeaat (voucher) to the Depactment of Banldng and F'inance. The 20 days �are measured from ihe latier of the date the invoice is received or :he gaods or services are received, inspected and approved. If a gayment is not available �xithin 40 days after receipt of the invaice and receipt, imspection and approval of goods and �mces, a separate iatemst pe�lty in acoordanoe witie Section 215.42�� J(b j vuill be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies aftsr a 35 clay Gime period to health care providers, as defined by rule. Interest penal6es of less tk3n one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be reharned to a�a Agency liecause of vendor prepar, iion errors wili rr,sult in a delay in the payment. The invoice payment requirements do not s4arc un�i! a properly completed invoice is provided W 4he Department. A Vendor Ombudsman has bren estai�lished ee+9thin the Departrnent of �anking and Fubance. The duties of this individual include acti,ng as an advu�ate far Agencies wha may be expeciencing problems in obtaining timety payment(s) from the �epartrne�st, The yendor pmb�n may b� cantacted at (4(k{�488-2924 or by calling the State Comptroller's iiodine, 1-800- 84�37�2. 23.00 F�blic Erstity Craaaaae,• gursuant 80 2�7•133�3)(a) F.S. the followflng is applieable to this agreement. 287.133(2xa) "A p�rson or affil'�ate v�ho has been placed on ths convicted vendor list foilowing a convicaon for a public entity crirrse may not submif a bid on a contract to pc+�vide a�sy goo�s or sezvfces to a public entity, may not submit a bid on a contract with a public en6ty for the consk►vc6on ac eepair of a public building ar public �vork, may not submi�ti �ids on leases of real property to a pubtia entiiy, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with �any pubtic entily� and may not transact business with any public ei�Gry in excess of the threshold amount provided in s. 287:017 fot C!a'I'FGi?RY TWO for a penod of 36 months from the date of heing placed on the convicted vendor list." 4� ��. ��-�- � '_� ,� FORM 7254.�0-0G PlJ81JC TRANSP ADMIN �OOC • 09I94 Wee�lof�l WPI NO. 7826659 JOB NO. 15007-3877 Conuact No. . AE-078 Agreement Date IN V6�ITNES5 WFiEREOF, ihe parties herew have caused these presents be executed, the day and year first above written. AGENCY: City of CleacwaYer, P.O. Box 4748, Clearwater, FL. 34618-4748 f; ��_. BY: Elizabeth M. Deptula � City Manager 'g�'gY,�, . Citv of Cl�arwatar COUNTETLSTGNEl3: Rita Garvey, M�yor—Gommissioner ATTEST: FDt)T See attached Encumbrance Form for date of Funding Approval by Comptroller ,� o�a` :.Y�'�_s_�i.��C �3/'�F�- _____ ty� LEGAL APPROVAL DEPART1b4ENC OF TRANSPORTA770N Cynthza E. Goudeau, City C2erk Approved as Co form and legal sufficiency: /�� . �oh1n CarBesas, Assistant Citq AtCorney R� DEPARTMENT OF TRANSPORTA770N 7TTLE I)IRECT��t 4F PLPcNNING ANY3 d'ROGRAMS i1� �i / � ;� WPI NO. 7826659 JOB NO. 15007-3877 COPVTRACT NO. AE-078 EX�IIBIT "A" PROJ�C'� DESCRIPTION AND ItESPONSIBII.Td'IFS This exhibit forms an integral part of that certain Joint Participadon Agreement between the State of Florida, Department of Transportation and City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748. dated PROJECT LOCA�ON: �learerater Executive l�irpark Clearwater, Florida PROJECT DFSCRIl''I'IOAT: C�nstruction of a neev terminal. building. u n SPECIAL CONSIDE�LA'TIONS BY AGENCY: . B'he.auc�at reg�rt�s) �qasia�i iaa ParagraPh 7•dd� c€t}►e Agreemecet shall ar�ciude a sch�dule of project assist�c� �h�t wi1F t�f4�c� Ehe l�epartment's contract number, VVi'I number and Job number and the ��ea•al �d�� 'i�f'ac�t�s�re �c�r��i.�r, where agplicable, and the amoune of state funding action (roc�ipt a.nd d'��,as?�sat of fut�ds) and any f�lerat or la�cal funding acdan and the funding action from aca}� other sr�urc� 6vit}� resg�t icn the pr�jeet. SPEC�►I. �O1�iSII�EAA'i'I�Y+TS BY I3EPP.�TMENT: s�na i� �eS. 9� �-.30 � � WPI NO. 7826658 JOB NO. 15007-3876 CONTRAC'Y' NO. AE-263 EXHY�Y'd' "B" FROJECT BiJa2GET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transporta6on artd City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748 date� I. PR03E(,°I' +COST: . �� ��� . TOTAL F�ItOJEC."T COST: $ 2��� • II. PAR'ITCIi'ATIORT: � Niaxicqiu��� Federal Participation • - �,�� �pp ( 0 9'0) or $ 0 J A,gency I'asEae�pation � . �et-lC�d i � ) $ C�s� , i SU %) $ 100,000 � Other ( � ) $ �Iaximu�ta I3�s�,rtm�nf I'articigati�$�a, �mst�ary i1D5)�L3?C�B)�DII�(P�It'�i ( 56 %} �r � 100,000 i?�i�ral Reim6urrsable {'�"�{�iRA){d3FTk)( ,°�o� or $ L�l Reimbursa�l� {1��.) ( ) %) or $ ��T�z, ��.aa� cosT $ 2oo,aoo :��� — ,�G�S. ���3r� � WPI NO. 7825659 JOB NO. 15007-3877 CONTRAC'i' NO. AE-078 (Exhibit updated 9/95) EX�iY' "C" - tlVIAT[ON (GENEYiAL) This exhibit fotms an integral part of tha4 Joint Participation Agreement between the State of Florida, DepartmenY of Transportation und t�he �y of ClearwateG P.O. Box 4748 Ciearwater. Fl 34¢1,8-4748 dated Only i#ea�s indicaYed �vith �"X" are xpplicable. ��rrr�rir.FR'�CAiTON � _X_• Consultsnt Selection Compiiance Pu Feasibility �tudy (iPnece.ssary) Pu �C_PF./ELS (if necessarS) Pu A�I3 OF ACCEPTANCE ulic Agenoy Attornsy's Certification b13c Agency biia kgency X I�esign 5ubmittai ' 90% I�epartment review letter and written approval 100s/o Department review tetter and written approval X Construciion/�rocuremeni Public Agency Certification X_R�E �csrnplian� Public Agency Ce�tification 7��Saf�ty �omplbance ]Pubtic A�ency Certi�cation EA/M�st�� �I�cs �u'bmiitais k�epa�m�nt k�evisw and VVcitten Acceptance �c�a S�c:ti�aa�� �'relimi�sary • �i�m! �_Audit I�gas�s ?C�Certi�c�tiori of Completiiaa ,F1,i:nually by A�gency's Auditor Agency Letter 1 ¢���5°. �'7 �- .� APPraisals Acquisi2ion of Real Prope�ty Applicable State Laws Agency Attorney Certification and Compliance to Florida Statute Chapter332 Requests for Reimbursement (Invoice Submittats) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement. 2. 3. � REQUIRED SUBMITTAL TIIvIE The Agency must submit an invoice to the Department within ninety (90) days from the endin$ date of the eli�ible billing period covered by the invoice. Should the Agency not submit a correctly prepared and documented invoice within the proper time frame, the Department may deny pagrmsni of the I�epartment's share of Yhe invoice. REQUIetED S�MITT1�., �l7RM The Agency shail submit inv�ices on fosms provided by the Department and prepared in accordance with instructions given by the I?epartmen4. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibiliry of said costs. Inv�ic�e Documentation: (Also see Paragraphs 7.40, 21.00 and 22.00). Anvoices to 4he ]3ep�.'iment must be arranged in the �following rr►anner: " 1) z� - 3) 4) 5) i�epartmeni's %nvoice Summary Sh�e�. Spread sheet listing lPA budget items along the top margin, and individual purchases along the left matgin, with 4he amaunts in the proper columns. For each purchase, a copy of the purchase order, vendor invoice, and proof of payment These items must b� fastened togef3rer iin "packages" and arranged in the same order as the pur�hases listed on the spre.ad sheet Sumanar� she�t showin� current approved budget, a�nounts previously invoiced, amounts bein,� invoiced, and remaining balances. Line items cannot be exceeded without fiast o�staxning a bud�et revision £resna the Department Invoices must be submitted v✓athin 60 days ofquaiter end during which the expens�s �uere incurred. �xceptioa�s must be documented formally with justifications frnnt the �h$ency Head ta the Department Project Marager. Ai'PRqVAL OF SUHMI�!"i'�L. tJoods or strvic�ss receiv�cl under this agreement shal! be Approved/disapproved by the Dep�rimerbtno iater than �v� (S) working days af��r receipt, by the Distnct Public Transporfation Office, �fa properiy prepared and submitfecl invaice. Sh�utd the invoice b� incomptdc or incorrcxt, the Department shalt irtfo�sn the Agency within five (5) working days o#'receipt and reiurn the invoice for corcectinr�. ���. �� °�il�' . 0 WPI NO. 7826659 JOB NO. 15007-3877 CONTRACT NO. AE-078 EXHIBIT nr, n SPECIAL AIItFO1t7' ASSiJRANCIE� 'i7►is exhibit forms an integral part of that certain Joint Participation Agreement between the State oi �lor�da, D�gartment of Transportation and City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748 dated . I. G�ItAi, 0 Ia. These assuaances shall be complaed with in the gserformance of master planning, I, land acquisidon, economic development or capital improvement projects which �, c�ntain IIS2 federal funds. - I �. �a. Upon acceptance of ihis Joint 1'articipation Agreement by the sponsor, these assurances are incorp�rateri in and becflme a gart thereof. � ` II. D�URAT'YON ' 'i'he terrns, condilions and assurances of ihe grant agreement shall remain in full force and effact ihroughout th� us�ful life of the facilities developed or equipment acquired for any airport developmenE pmj�:t, l�ut in any eveaAt not t� �xs�xi twenty �2fl) years from the date af acceptance of a grant ageeement ��g staie funds for th� project. lHowever, there shall be no limit on the durat�on of ths assuranc:�.s tvit�a nespe,ct to real property acquired v�ith project funds. - III. SPC}lVSOR CERTIFICATIOIV n � The sponsor h�reby assures and csrtifies, with respe�t to this grant: a. It has �u�cient funds available fo.r that gortian of the project costs not paud for by the State. It has �fficient funds available t� a�um ope�6on and maintenance of items it will awn or confrol fi��d�cl under tf�e �rant agreem�nt. � �� ���� ���� � �,: b. It holds good title, satisfactory to the Department, to the landing azea of the airport or site thereflf, ar a�ill give assurance satisfactory to the Aepartment, that good 6tle will be acquired. c. Tf an arrangement is mads for mar�agement and operadon of the airport by any agency or person othec than the sponsor or an employe°, of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airp�rt will be operated and maintained i� a�cordance with the Federal Airport and Airway Improvement Act of 1982, or sucr,e.csiv� legislation; the regulations and 9he terms, condi6ons and assurances in the grant agreement; and shali ensure that such arraa�gement also recluires compliance therewith. d. It wnll adec�uately clear and protect the aerial approaches to ihe airport by remaving, lo��erings reiocating, marFdng, or lighting, or othenvise mitigating existing airport hazards and by preventing ihe establishment or creation of future airgort haaards. ` e. It evill makk� its airport available as an airpori for public use on fair and reasonable terms. f. it dvilt gerniie no excdusive rights for the use of the airport by any persons providing, or inte►�dang to prQVide aesonautical servaces e� the public. .- '�„� g. All redenues genera�xl by the airgort will be expenderl by it for the capitai or ogerating c�sts of the air�ort, ihe local airpaat syst�m, ar other lacal facili6es owried or operated by the owner or o�rator �f th� airg�ort and directly related to the actual aerial transportation ' of passengers or property. � , � h. �nce accomplished, it will keep �g-ta-date a minimum of an Airport Layout Plan of the airport showi�g (1) boundaries �sf the airport anci all proposed addidons thereto, together �wif.h the boundaries of al! offsite areas owned or controlled by ehe sponsor for airport purpases and proposed additions thereto; (2) the location and nature of all e�sting and gr�aposed aiir�ort facilities and sg.rraciur�.s (such as runways, taxiways, aprons, terminal bui�dings, hangars artd roads}, irtcluding all pr�pased extensions and reductions of existing airr�asre facilitat�es; and (3) the lacation of all erastin� irnpravements thereon. - �.i�s _ — ���. ���.�