Okaloosa County BOCC — April 1, 2014 — Bob Sikes Apron Overlay JPA and Resolution — reading text

are correct. . The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. . Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Okaloosa Co. Board of County Commissioners referenced by the above Financial Project Number. Il. FINANCIAL PROJECT NO. 42561719401 EXHIBIT "B" PROJECT BUDGET PROJECT COST: $121,875.00 TOTAL PROJECT COST: $121,875.00 PARTICIPATION: Maximum Federal Participation FAA-Funding Direct to Agency $ 0.00 Agency Participation-REDI County, Match Waived Cash $24,375.00 Other $ Maximum Department Participation, Primary (DS)(DDR)(DPTO)(GMR) $97,500.00 TOTAL PROJECT COST $121,875.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT “C” OAM ATION AVIATION PROGRAM ASSURANCES Page 7 of 8 FINANCIAL PROJECT NO.: 42561719401 EFFECTIVE DATE: A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as “Agency”). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, “Project Description and responsibilities” and Exhibit B, “Project Budget”, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. . Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) e Chapter 163, F.S., Local Government Comprehensive Planning and Land Development e Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens » Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports e® Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce e Chapter 332, F.S., Airports and Other Air Navigation Facilities « Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) e Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance e Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection * Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT “C” oot oar AVIATION PROGRAM ASSURANCES Page ere e Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements e Airport Zoning Ordinance e Local Comprehensive Plan d. Department Requirements e Ejght Steps to Building a New Airport e Florida Airport Financial Resource Guide e Florida Aviation Project Handbook e Guidebook for Airport Master Planning e Guidelines for Plan Development 2. Construction Certification: The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements e FAA AC 70/7460-1, Obstruction Marking and Lighting e FAA AC 150/5300-13, Airport Design b. Local Government Requirements e Local Building Codes e Local Zoning Codes c. Department Requirements e Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) e Manual on Uniform Traffic Control Devices e Section 14-60.007, Florida Administrative Code, “Airfield Standards for Licensed Airports” e Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements * Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 e National Environmental Policy of 1969 e FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects e FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements e Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) e Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) e Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT “C” MATION AVIATION PROGRAM ASSURANCES Page of 8 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. . Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4, Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., “Airport Zoning”, or if not in place, that it will take appropriate action necessary to ensure local government STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT “C” oAMiATION AVIATION PROGRAM ASSURANCES Page 4 of 8 adoption of an airport zoning ordinance or