HomeMy WebLinkAboutSummary Form (2)FILE ID:
Date: 7/26/2005
Commission Meeting Date: 7/28/2005
AGENDA ITEM SUMMARY FORM cA 23
Requesting Department: Economic Development
District Impacted: 2
Type: Z Resolution 0 Ordinance fl Ernergency Ordinance fl Discussion Item
r Other
Subject: Supplemental Joint Participation Agreement No. 2 between the City of Miami and Florida
Department of Transportation for the Heliport Facility on Watson Island
Purpose of Item:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to execute the Supplemental Joint Participation Agreement No. 2, in
substantially the attached form, between the City of Miami ("CITY") and the Florida Department of
Transportation ("FDOT"), originally dated January 12, 1999, decreasing the amount of FDOT's
funding for the design and construction of the Public Heliport Project on Watson Island ("Project")
due to the modified scope of services, from $4,700,419 to $1,000,000. 0 — • - • kends
Background Information:
The City and FDOT entered into a Joint Participation Agreement ("JPA") on January 12, 1999 to
design and construct the Watson Island Aviation Facility consistent with all material respects with the
Watson Island Aviation RFP and the Watson Island Aviation Facility Proposal. The JPA provided foi
total funding by FDOT in the amount of $4,700,419 for the design and construction of the Aviation
Facility on Watson Island. Due to changes to the size and scope of the Watson Island Aviation
Facility primarily due to the withdrawal of the Greater Miami Convention and Visitors Bureau from
the project, the original funding amount is excessive. Based upon recent conceptual planning, the
City anticipates utilizing this grant funding exclusively for development of heliport facilities.
Therefore, FDOT has proposed amending and decreasing the original funding total by $3700,419
The Supplemental Joint Participation Agreement No. 2 provides for $1,000,000 funding of the public
heliport with a local match of an equal amount to be identified prior to the expenditure of said funds.
FDOT has agreed that it will continue to provide the balance of the funds to the City with $2,790,000
immediately being allocated for the City's streetcar project pursuant to a separate JPA to be entered
into between the parties.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: 344101 B#75005
-7 --7---
Paee 1 of 2
Subject: Supplemental Joint Participation Agreement No. 2 between the City of Miami and Florida
Department of Transportation for the Heliport Facility on Watson Island
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
LSIGN AND DATE)
Budget N/A
Risk Management N/A
Purchasing N/A Dept. Directo
ChiefCity Mana
Paee 2 of 2
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL JOINT
PARTICIPATION AGREEMENT NO. 2, IN THE ATTACHED FORM, TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"), ORIGINALLY DATED JANUARY 12,
1999, DECREASING THE AMOUNT OF FDOT'S FUNDING FOR THE DESIGN AND
CONSTRUCTION OF THE PUBLIC HELIPORT PROJECT ON WATSON ISLAND DUE
TO THE MODIFIED SCOPE OF SERVICES, FROM $4,700,419 TO $1,000,000;
AMENDING THE PREVIOUS APPROPRIATION OF SAID FUNDS TO REFLECT THE
REDUCTION IN FDOTS FUNDING TO $1,000,000.
..Body
WHEREAS, the Watson Island Aviation and Visitors Center was established in
the Capital Improvement Program, Project No. 344101, pursuant to Ordinance No.
11528, adopted July 24, 1997; and
WHEREAS, pursuant to Resolution No. 98-1120, adopted November 17, 1998,
the City Commission authorized a Joint Participation Agreement ("JPA") between the
City of Miami ("City") and the Florida department of Transportation ("FDOT"), executed
January 12, 1999, that provided funding assistance in the amount of $4,700,419, for the
design and construction of the Watson Island Air Transportation Facilities Planning
Program; and
WHEREAS, due to the changes in size and scope of the Aviation Facility,
primarily due to the withdrawal of the Greater Miami Convention and Visitor Bureau, the
original funding amount is excessive; and
WHEREAS, FDOT has proposed amending and decreasing the original funding
by an amount of $3,700,419, for a total funding amount not to exceed $1,000,000; and
WHEREAS, the JPA requires the City to provide, or cause to provide, an amount
equal to FDOT's participation, which funds will be identified prior to the expenditure of
the FDOT funds; and
WHEREAS, all other terms and conditions of the JPA remain unchanged;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble of this Resolution
are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute Supplemental JPA
No. 2, in the attached form, to the Agreement between the City and FDOT, originally
dated January 12, 1999, decreasing the amount of FDOT's funding for the design and
construction of the public heliport project on Watson Island due to the modified scope of
services, from $4,700,419 to $1,000,000.
Section 3. The previous appropriation of said funds is amended to reflect the
reduction in FDOT's funding to $1,000,000.
Section 4. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{1} The herein authorization is further subject to compliance with all requirements
that may be imposed by the City Attorney, including but not limited to those prescribed
by applicable City Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 2
725-030-07
PUBLIC TRANSPORTATION
07/02
Page 1 of 5
,-inancial Project No.:
25416819401
(item -segment -phase -sequence)
Contract No.: AG101
Catalog of Federal Domestic Assistan
Fund: DS
Function: 637
Federal No.:
ce Number: Catalog of State Fi
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55062020628
Vendor No.: F596000375097
nancial Assistance Number: 55004
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and CITY OF MIAMI
444 S.W. 2ND AVENUE, 3RD FLOOR, MIAMI FL 33130
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 12th day of January
1999
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
:reit); and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $1,000,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
DESIGN AND CONSTRUCTION OF THE PUBLIC HELIPORT FACILITY AT THE CITY OF MIAMI
2.00 Project Cost:
Paragraph 3.00 of said Agreement is decreased by $ -7,400,838.00
bringing the revised total cost of the project to $ 2,000,000.00
725-030-07
PUBLIC TRANSPORTATION
07102
Page 2 of 5
Paragraph 4.00 of said Agreement is decreased by $ -3,700,419.00
bringing the Department's revised total cost of the project to $ 1,000,000.00
3.00 Amended Exhibits:
Exhibit(s) B AND C
4.00 Contract Time:
of said Agreement is amended by Attachment "A".
Paragraph 18.00 of said Agreement NOT APPLICABLE
725-030-07
PUBLIC TRANSPORTATION
07102
Page ool,
r .mmnoia|Project No. 26416819401
tract No. AG101
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated January 12th.19Q9
and any subsequent supplements shall remain infull force and effect.
UNVV|//^7qSWHEREOF, the oertieohereto have camsertA�--�----
above written.
AGENCY FDOT
CITY OF MIAMI
AGENCY NAME
o be executed, the day and year first
See attached Encumbrance Form for date of
Funding Approval by Comptroller
SIGNATORY (PRINTED onTYPED) LEGAL REVIEW
DEPARTMENT orTRANSPORTATION
SIswAruns DEPARTMENT opTRANSPORTATION
D-6 Director of Planning & Public Transportation
TITLE TIFTLE
725-030-07
PUBLIC TRANSPORTATION
07/02
Pape 4 of 5
Financial Project No. 25416819401
Contract No. AG101
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and CITY OF MIAMI
444 S.W. 2ND AVENUE, 3RD FLOOR, MIAMI FL 33130
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
See Attachment Page 1.
Project Cost: As Approved As Amended Net Change
$9,400,838.00 $2,000,000.00 $-7,400,838.00
Total Project Cost $9,400,838.00 $2,000,000.00 $-7,400,838.00
I. Fund Participation: As Approved As Amended Net Change
Department: $4,700,419.00 $1,000,000.00 $-3,700,419.00
Agency: $4,700,419.00 $1,000,000.00 $-3,700,419.00
Other: $0.00
Total Project Cost $9,400,838.00 $2,000,000.00 $-7,400,838.00
Comments:
UPDATING EXHIBIT C
725-030-07
ATTACHMENT PAGE 1
SCRIPTION OF SUPPLEMENT:
project description is amended to reflect the many changes that have occurred to the scope of the Watson Island
.dtion Heliport Facility. Some of the changes were the elimination of the regional visitors center and the status of Chalks
Seaplane Base being unknown. Therefore, the design was much larger than is needed now. Based on recent conceptual
planning, the only component likely to move forward in the near terrn and remain aviation related is the new City of Miami
Public Heliport. The project scope is limited to design and construction of the Watson Island Public Heliport Facility
located in the City of Miami.
Sarah Perez/D6/FDOT
05/31/2005 04:11 PM
As requested.
To Andrea Chao/D6/FDOT@FDOT, Carl Filer/D6/FDOT@FDOT
cc
bcc
Subject Contract AG 101
Sarah Perez
District Six Budget Coordinator
Florida Department of Transportation, Rm 6201
1000 NW 111th Avenue, Work Program/Budget Office,
Miami, Florida 33172
emailto: Sarah.Perez@dot.state.fl.us
Office: 305-470-5118 / SC 429-5118
Fax: 305-470-5175 / SC 429-5175
Schedule: Mon-Thurs 8AM-5:30PM, Fri 8AM-12Noon
-- Forwarded by Sarah Perez/D6/FDOT on 05/31/2005 04:10 PM
The job FI989NDR; user I.D.
F1989ND <MVS@DOT>
05/31/2005 04:01 PM
To F1622SP@dot.state.fl.us
cc
Subject FUNDS APPROVAL/REVIEWED FOR CONTRACT AG101
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AG101 Contract Type: AG
Vendor Name: MIAMI, CITY OF
Vendor ID: VF596000375097
Beginning date of this Agmt: 01/12/99
Ending date of this Agmt: 12/31/06
Method of Procurement: G
************************************************************************
Description:
2541681-84-01
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 062020628 *PT *790007 *-3200419.00 *25416818401 *637
1999 *55100300 *088719/99
0001 *01 *0001/10
TOTAL AMOUNT:
*$ -3,200,419.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/31/2005
---- Forwarded by Sarah Perez/D6/FDOT on 05/31/2005 04:10 PM
The job Fl 989NDR; user ID.
FI989ND <MVS@DOT> To F1622SP@dot.stateRus
05/31/2005 04:01 PM
CC
Subject FUNDS APPROVAL/REVIEWED FOR CONTRACT AG101
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AG101 Contract Type: AG
Vendor Name: MIAMI, CITY OF
Vendor ID: VF596000375097
Beginning date of this Agmt: 01/12/99
Ending date of this Agmt: 12/31/06
Method of Procurement: G
************************************************************************
Description:
2541681-84-01
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: SUPPLEMENTAL Funds have been: APPROVED
55 062020628 *PT *750004 *
2002 *55100300
S001 *01
-500000.00 *25416819401 *637 *
*088719/02
001 *0002/10
TOTAL AMOUNT: *$ -500,000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/31/2005
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 3/98
= z== = = = sass === == = == mz==7C==== amz=ati===========mz== =m== ==mmm=====
RUSH (Needed by /j date))
Reason for RUSH :
Advertise (Letting Date)
Award LOA
_X_ New Addition Court Order Overrun
Termination/Cert of Comp
Supplemental Renewal Correction
Contract # AG101_ Contract Type AG_ Method of Procurement _G_
Vendor Name _City of Miami Vendor ID F596000375097
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No _X_
Fed Agmt Amt State Funds$3,200,419 Local Funds$3,200,419
Beginning date of this Agmt: 08/05/98(Must be after fund approval)
Ending date of this Agmt: 06/30/00(Estimate if necessary)
.Execution date of this Agmt: _/_/ (Only on original agreements)
Has work been authorized to begin? _ Yes _X_ No
Have standard'financial provisions been altered by contract terms?
_Yes X_ No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes X No
Brief Debcription of Work/Comments: Construct Aviation Facilities
on Watson Island * Please create new contract number for this
encumbrance.
WPI 6823097
Job No. 87098-3810
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT
*FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
== == =============am============aas=m=m======_____===_==_____===
55 062020628 *11 * 790007 * $_3,200,419_ * 25416818401 *637
(98/99) (DS/DDR)
55 XXXXX XXX *XX * XXXXxx * S * *XXX
55 x:xxxxxxxx * xx * xxxxxx * $ * * xxx
TOTAL AMOUNT * $ 3,200,419
Originator:David P. BjorneboeDATE SENT:_07/28/98_ PH/SC:_452-5912_
E-mail USERID(8)_PT628DB
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY 5590 CATEGORY 088719-99
WORK PROGRAM VERIFICATION N/A
ALLOTMENT _N/A YEAR DATE CHECKED
CI X 6S LINE 0001
FUNDS APPROVED BY _TERESA ROHLING
FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: _7/29/98
******************************************************************
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 09/99
RUSH (Needed by __/__/ (date))
Reason for RUSH :
Advertise (Letting Date) Termination/Cert of Comp
Award LOA X__ Supplemental Renewal Correction
New Addition Court Order Overrun
Supplemental No.1
Contract # AG101 Contract Type _AG_ Method of Procurement _G
Vendor Name _CITY OF MIAMI Vendor ID _F596000375097
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No X
Fed Agmt Amt State Funds_1,500,000 Local Funds_1,500,000._
Beginning date of this Agmt: 01/12/99_(Must be after fund approval)
_ Ending date of this Agmt: 12/31/03_(Estimare if necessary)
Execution date of this Agmt: 00/00/00(Only on original agreements)
Has work been authorized to begin? Yes X_ No
Have standard financial provisions been altered by contract terms?
Yes _X_ No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes _X__ No
******************************************************************
Brief Description of Work/Comments:
Construction of Watson Island Aviation Facility
RECIPIENT "C" CSFA NO. 55004 •
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
55 062020628 *PT* 750004* $_1,500,000. * 25416819401 *637
(01/02) DS
TOTAL AMOUNT * $1,500,000.
---------
Originator:_ANDREA CHAO-GARCIA_ DATE SENT:_01/03/02 PH/SC:__452-5912
E-mail USERID(s)
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY _100300 CATEGORY 088719-02
WORK PROGRAM VERIFICATION ok
ALLOTMENT YEAR DATE CHECKED
CI sOl 6S LINE 0002
FUNDS APPROVED BY Josephine Jones
FOR ROBIN M. NAITOVE, CPA, COMP -TROLLER DATE: _01/03/2002_
******************************************************************
FINANCIAL PROJECT NO.25416819401
CONTRACT NO.: AG101
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This exhibit forms onintegral part of the Joint Participation Agreement between the State of Florida,
Department of Transportation and CITY OF MIAMI, dated
A. General
1. Duration: The terms, conditions, and assurances cf the Agreement shall remain infull force and
effect throughout the useful Ilfe of the facilities developed or equipment acquired for an airport
development ornoise compatibility program project, o,NhrouQhoutdleuoeYu||ifmoftheprojeo1ibernm
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (3O)years from the date that the Agreement imexecuted. However, there shall benolimit nnthe
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport ioused
as anairport. There shall benolimit onthe duration of the terms, conditions, and assurances with respect
to real property acquired with state funds.
2. : The Agency shall honor these assurances for the duration of this Agreement. Uthe
Agency takes any action that is not consistent with these assurances, the full amount of this Agreement
will immediately become due and payable to the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title/ Uholds good title, satisfactory tmthe Department, 1nthe landing area cdthe airport orsite
thereof, or will give assurance satisfactory to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in the
Agreement without the written approval ofthe Department, arid will act promptly toacquire,
extinguish ormodify any outstanding rights or claims of right of others vvh(nh vvnu(d interfere with
such performance by the Agency. This shall be done in a manner acceptable to the Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state \avvm, reQu|a1ionm, and rules.
3. Hazard Removal & Mitigation: bwill 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 offuture airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport
zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions
Joint Participation Agreement (JPA) Exhibit
and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport.
The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise.
The Agency assures that bwill take appropriate action to oppose and/or disapprove any attempted
change in local land use regulations that would adversely affect the continued level of airport operations
by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the
Department with acopy ofall local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
Si Consistency with Local Plans: Kwill take appropriate actions tohave the current airport master plan
adopted into the local government comprehensive plan cdthe earliest feasible opportunity.
6. Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1)Boundaries cf the airport and all proposed additions thereto, together with the
boundaries of all off site areas owned or controlled by the Agency for airport purposes and
proposed additions thereto;
(2) Location and nature nfall existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all
proposed extensions and reductions odexisting airport facilities; and
(3) Location of all existing and proposed non -aviation areas and of all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or permit any changes or
alterations in the airport or any of its facilities that are not in conformity with the airport layout plan
aaapproved bythe Department and which might, inthe opinion of the Department, adversely
affect the safety, utility, or efficiency of the airport.
7' Fee and Rental Stnmc0mpe/ It will maintain a tee and rental structure horthefeoi)itieoandoen/iceoot
the airport which will make the airport as self-sustaining as possible under the circumstances existing at
the particular airport taking into account such factors as the volume of traffic and economy of collection. It
this Agreement results ina facility that will be leased or otherwise produces revenue, the Agency assures
that the revenue will be at fair market value or higher.
8. Airport Revenue: That all revenue generated bythe airport will beexpended for capital or operating
costs of the airport; the local airport system; or other local facilities which are owned or operated by the
owner or operator nfthe airport and which are directly and substantially related to the actual air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
9. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects
necessary 0nachieve the proposed airport improvements depicted klthe airport layout plan. The financial
plan shall b*apart cdthe airport master plan. The financial plan shall realistically assess project ohaaing
considering availability of state funding and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system. All project cost estimates contained inthe financial plan
nhoU be entered inthe Joint Automated Capital Improvement Program (JAC|P) Online Web site. The
J/uQP Online information shall be kept current as the financial plan in updated.
1Q.Operation &Maintenance: The airport and all facilities which are necessary 0oserve the
aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable federal and state
Joint Participation Agreement (JPA) Exhibit C
agencies for maintenance and operation. The Agency assures that bwill not cause or permit any activity
or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily
close the airport for non -aeronautical purposes must first beapproved bvthe Department. The Agency
will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall beconstrued 10require that the airport be operated for
aeronautical use during temporary periods when flooding or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due toanact ofGod orother condition orcircumstance beyond the control cf the Agency.
11. Economic Nondiscrimination: Itwill make the airport available asanairport for public use on
reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical
activities, including commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: hwill permit noexclusive right for the use ofthe airport by any person providing,
or intending to provide, aeronautical services to the public.
13' Federal Funding Eligibility: |twill take appropriate actions 0omaintain federal funding eligibility for
the airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: kwill make expenditures orincur obligations pertaining 0othis
Agreement within two years after the date of this Agreement or the Department of Transportation may
terminate this Agreement. The Agency may request eone-year extension of this two-year time period.
The District Secretary shall have approval authority.
15. Retention of Rights and Interests: bwill not sell, lease, encumber, cvotherwise transfer ordispose
of any part of its title or other interests in the property shown on Exhibit A to this application or,.for a noise
compatibility program project, that portion cf the property upon which state funds have been expended,
for the duration of the terms, conditions, and assurances in the Agreement without approval by the
Department.
YWi Consultant, Contractor, Scope, and Cost Approval: kwill grant the Department the right *z
disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or
any part ofthis project it the specific consultants, contractors, or subcontractors have a record of poor
project performance with the Department. Further, the Agency assures that hwill grant the Department
the right 1mdisapprove the proposed project scope and cost ofprofessional services.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Execute the project inaccordance with the approved project narrative orwith
approved modifications.
2' Reports: Furnish the Department with such periodic project and work activity reports aorequired.
3. Public Information: Make such material available for examination bythe public. No material
prepared under this Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
G' Department Guidelines: Comply with Department airport master planning guidelines ifthe project
involves airport master planning or developing an airport layout plan. This includes:
Joint Participation Agreement (JpA)Exhibit C
a. Providing copies, in electronic and edhable format, nffinal project materials tnthe Department.
This includes computer -aided drafting (CAD) files of the airport layout plan.
b. Developing acost-feasible financial plan, approved hythe Department, toaccomplish the
projects described in the airport master plan or depicted in the airport layout plan. The cost -
feasible f<nanoim\p|anshaUreu|istioaUyanseaop jmctphaoingronnidmringavmUabUhynfatu&a
and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system.
c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint
Automated Capital Improvement Program QAC>F1database.
6. No Implied Commitments: Understand and agree that Department approval o(this project
Agreement or any planning material developed as part of this Agreement does not constitute or imply any
assurance or commitment on the part of the Department to approve any pending or future application for
state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1' Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order
51OU.37A;FAA Order 6O5O.4A.;chapters 73and 74.F.G,when property isacquired through
condemnation; and section 28G.23.F.G.
2'Admimistratiom: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for
the acquisition o/the land interests.
b. Securing written permission from the Department to execute each agreement with any third
party.
o. Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion ofthe review appraisal.
d. Establishing aproject acnwunt for purchase ofland interests.
e. Collecting and disbursing federal, state, and local project funds.
3' Loans: Comply with the following requirements if the funding conveyed bythis Agreement isaloan
for land purchase according 10 Chapter 332. F.8.:
a. The Agency shall apply for a Federal Aviation Administration AirpoM Improvement Program
grant for the land purchase within GOdays ofexecuting this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by
U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for
reimbursing the Department within 30 calendar days to achieve normal project federal, state,
and local funding shares andescribed inChapter 332.F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve normal project state and local funding shares as described in Chapter 332,
F.G..within 3Ucalendar days after the loan matures.
Joint Participation Agreement (JFA)Exhibit C
d. If federal funds are not received for the land purchase and the state funding share of the land
purchase is less than or equal to normal state and local funding shares as described in Chapter
332.F.S,when the loan matures, noreimbursement tothe Department shall berequired.
4. New Airports:
a. Protect the airport and related airspace by ensuring local government adoption of an airport
zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions
ofChapter 333.F.S..prior tothe completion of the project.
b. Apply for federal and state funding toconstruct apaved runway, associated aircraft parking
apron, and connecting taxiway within one year of the date of land purchase.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
S. Airfield Access: The Agency will not grant orallow easement oraccess that opens onto orcrosses
the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment,
fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems,
including but not limited to flight operations, ground services, emergency services, terminal facilities,
maintenance, repair, orstorage.
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject to the retention or reservation of any
interest o,right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation ofthe airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
e. Consultant and contractor selection comply with all applicable federal, state and local laws,
rules, regulations, and policies.
b All design plans and specifications comply with federal, state, and professional standards and
applicable Federal Aviation Administration advisory circulars.
o. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision atthe
construction site throughout the project toassure that the work conforms bnthe plans, specifications, and
schedules approved by the Department for the project. The Agency assures that it will allow the
Department hoinspect the work. The Department may require cost and progress reporting bythe
3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction
of pavement at the airport, implement an effective airport pavement maintenance management program
Joint Participation Agreement (JPA) Exhibit
and the Agency assures that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another
unit of local government or are on property owned by a unit of local government other than the Agency,
enter into an agreement with that government. The agreement shall obligate the unit of local government
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory to the Department, The Agency assures that it will take steps to enforce the
agreement if there is substantial non-compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property,
enter into.an agreement with the owner of that property to exclude future actions against the airport. The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Joint Participation Agreement (JPA) Exhibit C
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