Okaloosa County BOCC — August 6, 2013 — Def reimb JPA and Signature Resolution — reading text

portion of the alrfleld from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, ancumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to iease airport property for airport-compatible purposes. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department, b. Further, the Department maintains the right to disapprove the proposed project scape and cost of professional services. Planning Projects if this praject involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications, b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreernent shall be subject to copyright in the United States or any other country. 22, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-415 AVIATION EXHIBIT “C” of bnae AVIATION PROGRAM ASSURANCES Page 7 0 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the . material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Pian, and any updates thereto. The cost-feasible financial plan shail realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). Land Acquisition Projects if this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1). Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides-all necessary services and documentation. (4) Furnish the Department with 4 projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal, (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the follawing requirements: (1) The Agency shail apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) lf federal funds ara received for the land purchase, the Agency shail notify the Department, in writing, within 14 calendar days of recelving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares Sper Chapter 332, Florida Statutes. (3) lf federal funds are not received for the land purchase, the Agency shail reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shalt be required. STA ENT OF TRANSPORTATION 725-040-165 STATE QF FLORIDA DEPARTMENT OF TRA 16] AVIATION EXHIBIT “Cc” OGG - aioe AVIATION PROGRAM ASSURANCES mene d. New Airport: if this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Pian within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e, Use of Land: The Agency assures that it shall use the tand for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f, Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreemerit, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (6) The proportional amount shall be determined on the basis of the ratlo of the Department financing of the acquisition of the real property multiplied against the sale arnount, and shall be remitted to the Department within ninaty (90) days of closing of sale. (c} Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. {d) !f any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a@ proportional arnount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and focal iaws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable focal building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shail be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 728-040-168 AVIATION EXHIBIT “C” Aaron AVIATION PROGRAM ASSURANCES Page 90/8 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement, (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement It has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects; The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body, (1) The local agreement, satisfactory to the Department, shall obligate the unit of local