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HomeMy WebLinkAbout12162015 Agenda PacketCRCf� S -N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 16, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Reverend Dave Newhart, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 15.189 A. Proclamation — Dylan Keith West, Boy Scout Troop 500 - Attainment of Eagle Scout 5 Rank 15.024 B. Certificate of Appreciation to Bruce Hoffman for Citizens Budget Review Advisory Board Service 15.028 C. Clear Village Resident Complaint Line - Presentation by Building Official Wayne Eseltine D. Brief Announcements • Friday, December 181h — Shop with a Cop — Starts from City Hall on to Walmart • Saturday, December 19th — Art Club Show in Riverview Park 10 am to 4 pm • Thursday and Friday, December 24th & 25th — City Hall closed • Friday, January 1 st — City Hall Closed • Saturday, January 2nd — Craft Club Show in Riverview Park —10 am to 3 pm • Friday, January 8th — Sebastian Chamber Concert in Riverview Park — 5:30 to 8 pm • Saturday and Sunday, January 16th and 17th — Fine Art and Music Festival along Indian River Drive near Riverview Park • Thursday through Sunday, January 21St — 24th — Fellsmere Frog Leg Festival 1 of 174 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 6-23 A. Approval of Minutes — November 18, 2015 Regular Meeting 15.190 B. Approve Resolution No. R-15-41 — FDOT Joint Participation Agreement Funding in 24-58 the Amount of $57,600 for Purchase and Installation of Airport Automated Weather Observation System (AWOS — Project No. 439078-1-94) for a Total Cost of $72,000 (Transmittal, FDOT JPA, R-15-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED WEATHER OBSERVATION SYSTEM AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 15.191 C. Approve Resolution No. R-15-42 — Supporting HB 579 and SB 840 Regulating FMPA 59-61 (Transmittal, R-15-42) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING FLORIDA HOUSE BILL 579 AND SENATE BILL 840 REGULATING MUNICIPAL POWER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 15.192 D. Approve Expenditure of PD Forfeiture Fund in Amount of $2,000 to Executive 62-67 Roundtable of Indian River County (501(c)(3) Charitable Organization in Accordance with FS 932.7055 (5) (b) (Transmittal, Police Chief Morris Letter of Commitment, FS 932.7055 (5) (b)) 15.193 E. Approve Expenditure of PD Forfeiture Fund in Amount of $1,000 to Treasure Coast 68-69 Crime Stoppers in Accordance with FS 932.7055 (5) (b) (Transmittal, Police Chief Morris Certification) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 15.181 A. Charter Review Committee 70-79 (Transmittal, Applications, Ad, Articles) i. Each Member of Council Appoints Two Members ii. Appoint Five At -Large Members (Only One Applicant) 15.114 B. Planning and Zoning Commission 98-111 (Transmittal, Applications, Ad, List) i. Interview Unless Waived, Submit Nominations for One Unexpired Alternate Member with a Term to Expire January 1, 2017 2 2 of 174 9. PUBLIC HEARINGS (Leaislative Procedures for legislative public hearing • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record) • Staff summation • Mayor closes hearing • Council deliberation and action 15.188 A. Second Reading and Public Hearing of Ordinance No. 0-15-09 - Authorizing Upright 110-112 Markers in Unit 3 of the Cemetery (Transmittal, 0-15-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-18 (A) (3) b. OF CHAPTER 34 OF THE CODE OF ORDINANCES PERTAINING TO THE CITY CEMETERY; PROVIDING FOR ALLOWANCE OF UPRIGHT MARKERS IN UNIT THREE OF THE CEMETERY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. UNFINISHED BUSINESS 15.194 A. Award Contract for Construction of Golf Course Storage Building to Kerns 113-168 Construction in the Amount of $507,986.53 and Authorize City Manager to Execute (Transmittal, Kerns Proposal and Contract, Bid Tabulation, Kerns Price Form & Change Order) 15.184 B. Voluntary Early Retirement Program (Transmittal, Early Retirement Financials, Draft 169-172 VER Agreement and Release) 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 15.195 A. Discuss City and County Septic/Sewer Issues —Requested by Mayor Gillmor 173-174 (Transmittal, CRA Wastewater Hook -Up Program) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Bob McPartlan B. Mayor Richard Gillmor C. Vice Mayor Jerome Adams D. Council Member Andrea Coy E. Council Member Jim Hill 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. 3 3 of 174 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 1/13/16 Regular City Council Meeting 6:00 pm 1/27/16 Regular City Council Meeting 6:00 pm 2/10/16 Regular City Council Meeting 6:00 pm 2/24/16 Regular City Council Meeting 6:00 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 4 of 174 MY of SEBASTL HOME OF PELICAN ISLAND PROCLAMATION Dylan Keith West Boy Scout Troop 500 Eagle Scout WHEREAS, the Boy Scouts of America prepares a boy to grow into manhood by developing his abilities, teaching him responsibility and emphasizing his willingness to serve people, his community and his country, with the rank of Eagle Scout the highest possible rank attainable by a Boy Scout before he reaches his 18th birthday; and WHEREAS, the fact that a boy is an Eagle Scout has always carried with it a special significance, not only in scouting but also as he enters higher education, business or industry, and community service. To earn the Eagle Scout rank, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills. Enormous energy, a strong desire and countless hours are devoted by the individual Scout in developing these skills and completing all of the requirements to attain the rank of Eagle Scout, which is attained by only about five percent of all Boy Scouts; and WHEREAS, it is traditional, in the spirit of scouting, to bestow special recognition and honor upon the individual Scout, who through perseverance and determination ultimately reaches his goal in becoming an Eagle Scout. Seventeen year old Dylan Keith West, a Sebastian resident since birth and senior at Sebastian River High School, joined scouting at six years old when he was first eligible and has been a Scout for eleven continuous years. He is a member of Boy Scout Troop 500 in Sebastian and is the troop's first Eagle Scout. NOW THEREFORE I, Richard H. Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the City of Sebastian, do hereby commend and congratulate Dylan Keith West of Boy Scout Troop 500, for his outstanding accomplishment in earning the rank of Eagle Scout on August 10, 2015. It is my honor and privilege to recognize him as an outstanding Scout and citizen of his community. May Dylan continue to pursue higher goals and embody the character he has exhibited by this achievement throughout his life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 16th day of December 2015. City of Sebastian, Florida Richard H. Gillmor, Mayor acvL� SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, NOVEMBER 18, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Administration of Oath of Office to Newly Elected City Council Members Andrea Coy, Richard Gillmor and Bob McPartlan The City Clerk administered the oath of office to the newly elected City Council members. 1. Incumbent Mayor Richard Gillmor called the Regular Meeting to order at 6:04 pm. 2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was led by Council Member Hill. 4. ROLL CALL 15.004 5 City Council Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Ken Killgore City Engineer, Frank Watanabe CDD Planner, Jan King Police Chief, Michelle Morris Police Officer, Ashley Penn ELECTION MATTERS (Transmittal, Certificate of City Canvassing Board) A. Reading of Certificate of Canvassing Board Returns by City Attorney The City Attorney read the November 3, 2015 election results as set out in the Certificate of the Sebastian Canvassing Board (as attached hereto). B. Call for Nominations for Mayor by Incumbent Mayor — Clerk Calls Roll if More than One Nomination Incumbent Mayor Gillmor called for nominations for Mayor. Ms. Coy nominated Mr. McPartlan. Mr. Adams nominated Mr. Gillmor. Roll Call: Adams: Gillmor; Coy: McPartlan; Gillmor: Gillmor; Hill: Gillmor; McPartlan: Gillmor Mr. Gillmor was elected Mayor for a one year term. 6 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Two A. Call for Nominations for Vice Mayor by Newly Appointed Mayor — Clerk Calls Roll if More than One Nomination Mayor Gillmor called for nominations for Vice Mayor and nominated Mr. Adams, and since there were no other nominations, Mr. Adams was elected Vice Mayor for one year. 5. AGENDA MODIFICATIONS - None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 15.176 A. Proclamations - National Adoption Awareness Month and National Runaway Prevention Awareness Month — Accepted by Sabrina Sampson, Executive Director, and Frank Avilla, Adoptions Marketing Specialist of the Children's Home Society of Florida Treasure Coast Division Mayor Gillmor read and presented the proclamations to Sabrina Sampson and Frank Avilla, Children's Home Society, who addressed the audience on the need for adoptions on the Treasure Coast for the protection of children. Ms. Sampson said of 161 children adopted last year, 37 were from Indian River County and she provided a card with information to contact them. Mr. Avila announced the National Adoption Day family picnic event on November 21s' at Langford Park in Jensen Beach from 10 am to 1 pm to thank adoptive families and to raise awareness of the need for adoption. Mr. Avila said there is an emergency crisis center runaway shelter in St. Lucie County called Wavecrest Shelter for youth ages of about 11 to 17, and described the diamond shaped sign indicating a location as a safe place posted throughout the area. 15.177 B. Senior Center Check Presentation to Law Enforcement Shop with a Cop Program Council Member Coy, Grant Goodfellow and members of the Sebastian Senior Activity Center presented a check in the amount of $500 to Police Officer Ashley Penn for the "Shop with a Cop" program to take place on December 18t" 15.178 C. Florida Power & Light Brief Presentation — Tree Trimming Nancy Flickinger, FPL Account Manager for Sebastian, introduced Anthony Stralia, an FPL Arborist, who presented a video with a brief overview on how homeowners should plant and manage trees aka "Right Tree — Right Place'; and particulars about the FPL tree trimming program. The video will be replayed COS -TV. Ms. Coy said she has been getting a lot of phone calls, citing one recent example of the fire department being called due to smoking lines. Mr. Stralia explained the process to follow for sparking and smoking, which are assessed by a lineman right away and tree crews sent out if needed, and also described the customer trim request three week inspection timeline, whereby they send out an arborist to assess and assign tree work if necessary. She noted this individual not only had the fire department out but had called FPL several times about a blown transformer, suggested this should be tightened up and said she would get with the City Manager to get an address for the family. She also described a situation where there was an arcing situation that took three weeks to resolve. Mr. Stralia said the program is not 100% perfect, but they run into situations and try to take care the best they can, noting they have a robust inspection and trouble ticket program. 2 7 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Three Ms. Flickinger asked Ms. Coy when she receives these calls to please send her an email and give her a call, stating that the trouble ticket needs to be very specific. Ms. Coy said she also gets calls about half of a tree being removed. Mr. Stralia said they get calls about unsightly trimming, cited pamphlets they left in the Chambers showing how and why they have to trim trees for what is best for reliability and for the tree. She said people plant the wrong trees under their wires, invasives being a particular problem, and FPL wants them out and not have to keep trimming them. She noted brochures left on the back table. Mayor Gillmor asked Ms. Flickinger to make sure all Council Members get her email. Mr. Stralia said the customer call in line was 1-800-226-3545 or people can go to FPL.com and submit a customer trim request, and the same information is on the bottom of FPL bills. He then described the location of the various power lines in back yards, noting phone, cable and communication lines on the bottom, the middle are FPL neutral lines which are not live and on the top is the live FPL line which can spark and arc. He said by the end of the year most of Sebastian lines will be trimmed out. Mr. Stalia said if a tree limb is into a transformer there will be interruption and you will hear them blow, citing invasives such as bamboo, palm trees, and Australian pines. He said they trim neighborhood lines once every six years, and feeder lines are trimmed once every year, noting native vegetation will hold that cycle but invasives will not. Ms. Flickinger said the transformer is the thing that looks like a garbage can on top of a pole. D. Brief Announcements • Saturday, November 28, 2015 —Sebastian Art Club Show in Riverview Park — 10 am to 4 pm ■ Friday, December 4, 2015 — Chamber of Commerce Light Up Night ■ Saturday, December 5 - Christmas Parade Indian River Drive — Main Street to Riverview Park — 6 pm ■ Saturday, December 5 and Sunday December 6 - Craft Club Show in Riverview Park — 10 am to 3 pm ■ Friday, December 18, 2015 — Local Law Enforcement — Shop with A Cop Event ■ January 16 & 17, 2016 - Fine Art and Music Festival — Indian River Drive Mayor Gillmor read announcements listed above. 7. Recess City Council Meeting and Convene as Board of Adjustment (Per Code of Ordinances City Council Acts as Board of Adjustment) A. Mayor Gillmor called the Board of Adjustment Meeting to order at 6:40 p.m. B. Approve October 8, 2014 Board of Adjustment Minutes (Minutes) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the minutes passed on a voice vote of 5-0. John and Lynn DiPerri, in regards to Lot 2, Block 104, Sebastian Highlands Unit 2, located at 608 Layport Drive, are requesting a variance to allow a screened porch and pool area to be 6.8 feet from the rear property line, whereas the code requires such structures to be 10 feet from the rear property line. The City Attorney read the title, no member of City Council had ex -parte communications to disclose, and the City Clerk administered the oath to all who intended to offer testimony. The Community Development Planner presented the staff report, noting this is an existing swimming pool constructed in 1992, and based on incorrect information, the contractor 3 8 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Four assumed the seawall was the property line, the pool ended up in the wrong location, and the pool deck was extended into the setback area. She noted the property has changed hands, staff knows now about the encroachment and the new owners want to put in a screen enclosure and are requesting relief. Mayor Gillmor asked for clarification that they are not asking to go further than the existing deck and Ms. King said they are not. Mayor Gillmor opened the floor for anyone in favor and there were no responses, then asked for anyone opposed and there were no responses. Ms. Coy noted the City replaced seawalls in this area and there are tiebacks into the properties, was encouraged that the new enclosure is not going any farther, but her only concern was does the City need to add wording to protect the City in the future if the City has to do something with those tiebacks. Ms. King said there are 10 to 14 feet between the seawall and their property line and though the deck is into the setback, it is not into City property. The City Manager said he was comfortable with this request. Mayor Gillmor asked for clarification that nothing is going below the level of the slab and Ms. King said the contractor may be here tonight to respond. Heather ???, said there is no concrete work being done, only the screen enclosure. Mayor Gillmor closed the hearing at 6:45 pm. MOTION by Ms. Coy and SECOND by Mr. McPartlan approve the requested variance for Lot 2, Block 104, Sebastian Highlands. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 ii. Virginia Weirich and Julie Fischer, in regards to Lot 5, Block 43, Sebastian Highlands Unit 2, at 672 Jordan Avenue, are requesting a variance to construct an eight (8) foot fence along the sides and rear of their property, whereas the Code would permit such fence to be a maximum six (6) feet in height. The City Attorney read the title, no member of City Council had ex -parte communications to disclose, and the City Clerk administered the oath to all who intended to offer testimony. The Community Development Planner, presented the staff report on the request for an eight foot fence, though Code allows only six feet in residential areas, the reason being for privacy because of the elevation drops around the perimeter of their property, a six foot fence would only afford the effect of a four foot fence. She said there have been several fence variances in this general area over the years, and cited one photo submitted by the applicants that is very telling in that if you look from their property to the next property over the neighbor's six foot fence, you can see right into the chairs on the pool deck. Mayor Gillmor said we are probably going to get into more of these things since we mandate higher builds for septic tanks and a six foot fence would do nothing, asking if we should change the code. 4 9 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Five Ms. King said though she thought eight foot fences were kind of offensive in situations where we don't have that drop, it could be changed to an administrative variance to be signed off by the director, and she could see both sides of this issue. Mr. Hill said it appears there is already a six foot fence on the property, and Ms. King said that is the neighbor's fence. Mr. Hill then remarked that picture two shows it goes into the City easement where it drops off and there is an extension under it, so in this area the fence is probably closer to eight feet already. He asked if the applicant intends to build a level fence of eight feet right into the easement which would make it more like ten feet, or follow grade. Ginnie Weirick and Julie Fischer, came to the podium and Ms. Weirick said the neighbor's fence behind them is really about seven feet in the back, they want to enclose their pool area and not go along the sides of the house. Mr. Hill said if they go eight feet and stay level the fence will be close to ten feet at the back of the property. Ms. Weirick said they want to go level but it would not be ten feet but maybe eight. Mr. Hill asked would they step it down. Ms. Weirick said it would be no higher than eight feet. Mr. Hill asked if the fence is to be constructed in the easement, had they vacated the easement, and Ms. King said vacation is not required for a fence, because utilities can take down a fence. Ms. Coy said she was fine as long as they are not bringing it way forward to the front. Ms. Wierick said it may have to come up alongside the house only about three feet from the back on one side for the pump. Mayor Gillmor opened the floor for anyone in favor and there were no responses, then asked for anyone opposed and there were no responses. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 8. Adjourn Board of Adjustment Meeting and Reconvene as City Council Mayor Gillmor adjourned the Board of Adjustment meeting at 6:59 p.m. 9. CONSENT AGENDA A. Approval of Minutes — October 28, 2015 Regular Meeting 15.152 B. Approve the Rescission of A & B Leasing/Velocity Land Lease; Approve the Transfer of the Velocity Production Facility to the City; Approve the Airport Lease of Velocity Production Facility to Velocity; Authorize the City Manager to Execute Appropriate Legal Documents (Transmittal, Proposal, Lease Table, Sept Transmittal, Rescission, Inspection, Deed, Lease) 15.179 C. Approve Resolution No. R-15-39 — Amending Community Development Permit Review Fees (Transmittal, R-15-39, Current Schedule) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING VARIOUS COMMUNITY DEVELOPMENT PERMIT REVIEW FEES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 5 10 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Six 15.180 D. Authorize the Purchase of Two FDOT Approved Message Boards from American Signal Company Under the FDOT Contract (CR4413) in the Amount of $23,980.00 (Transmittal, Quote, Contract) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 15.181 A. Charter Review Advisory Committee - Report on Formation of Committee and Council Appointments (Transmittal) The City Clerk said this item is informational only, and formal appointments will be made at the December 16, 2015 meeting, where City Council members will appoint two members each and also appoint five at -large members for a total of 15 members. The Committee will begin meeting in January 2016 and complete their review and hearings within six months for a recommendation to Council. Ms. Coy noted she will not be in attendance on December 16t" therefore, announced that she is appointing Beth Mitchell and Louise Kautenburg as her members. 15.024 B. Citizen Budget Review Advisory Board (Transmittal, Applications, Press Release, List) i. Name Each Council Appointee to Run Concurrent with Council Term ii. Submit Nominations and Appoint Two At -Large Members for One Year Terms The City Clerk advised if Council is ready to name their one appointee, they may do so at this time, or can wait until December 16, 2015 to name them, but at this time can appoint the two at -large members for one year terms from among the three applications received. Mayor Gillmor said he will appoint Mr.Taylor again, and Mr. Hill said Sergio Mota would continue to serve. Mr. Hill then nominated Mike Frank for one of the at -large positions. Mayor Gillmor nominated Mr. Hall. Since there were no other nominations for the two at - large positions, Mr. Frank and Mr. Hall were appointed. Ms. Coy said Dionna Farmer will continue as her appointee, and Mr. McPartlan said his appointee Tim Slaven will continue as his appointee. Mr. Adams' appointed Ed Herlihy has another year on his term. 15.029 C. Construction Board (Transmittal, Application, List, Ad) i. Interview, Unless Waived, Submit Nominations for One Regular Member, Engineer or Architect Position — Term to Expire 9/30/2018 Andrew Manero was the only applicant and he was appointed to the position. 6 11 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Seven 15.182 D. Indian River County and Regional Boards and Committee Assignments (Transmittal, Liaison List) Upon review of the previous year appointments to County and regional boards and committees, members chose to remain as City representative on each, with one exception in that Ms. Coy requested to be the alternate to Mayor Gillmor on the Indian River County Lagoon Coalition. (See revised list attached). Ms. Coy asked if alternate Mayor Gillmor could attend MPO for her in December. 15.183 E. Indian River County Commission Monthly Meeting Monitoring (Transmittal, Current Year Schedule) City Council kept the same rotation as the previous year and the City Clerk said a schedule will be provided when the County Commission schedule is available. 11. PUBLIC HEARINGS (Leaislative Procedures for legislative public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record) • Staff summation • Mayor closes hearing • Council deliberation and action 15.165 A. Second Reading of Ordinance No. 0-15-08 — Designate City Seal and Logo (Transmittal, 0-15-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-1 OF CHAPTER 2, ARTICLE I OF THE CODE OF ORDINANCES PERTAINING TO THE CITY SEAL; PROVIDING FOR DESIGNATION OF CITY SEAL AND CITY LOGO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gillmor opened the hearing at 7:11 pm and the City Attorney read Ordinance No. 0- 15-08 by title. MOTION by Mr. Hill and SECOND by Mr. McPartlan adopt Ordinance No. 0-15-08. Mayor Gillmor called for public input and there was no response. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 12. UNFINISHED BUSINESS 15.086 A. Resolution R-15-40 — Sale of City Owned Land at 198 Columbus Street (Transmittal, R-15-40) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE SALE OF REAL PROPERTY LOCATED AT 198 COLUMBUS STREET IS IN THE BEST INTERESTS OF THE CITIZENS OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA The City Attorney read R-15-40 by title, and gave a brief background on the derelict property the City acquired through probate, noting the house had been demolished, Indian River County had approved a tax exemption, the property is ready to be sold, and described the methods for disposal set out in the City code by bid with two legal ads or by auction with a reserve. He said the City has approximately $10,300 invested in the property, recommended 7 12 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Eight using the bid process first to see if it results in an acceptable bid and, if not, then use the auction process with a reserve, and begin the process first by enacting this resolution. He suggested including that whatever bid comes in is net to the City, and the bidder will bear responsibility for all other costs and fees. Mayor Gillmor said would think the bid process is okay if we get enough info out and enough people interested, but an auction might get more money. The City Attorney said in working with the Building Director, Wayne Eseltine, that in addition to the two notices in the newspaper that the Code requires, we could also provide a letter to real estate agencies and contractors in town, noting one or more have already contacted Mr. Eseltine about the lot. Mr. Hill said he thought this was the best way to go forward, it is tax exempt so we are not losing any money on it and the goal is to recoup the taxpayers' money. He said Council did a good job on this with a blighted property and he appreciates staff's hard work. Ms. Coy asked if we can put a minimum on the bid, and the City Attorney responded we could put in the amount that we spent, approximately $10,300 as the minimum bid. MOTION by Mr. Hill and SECOND by Mayor Gillmor to do that. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bruce Zingman, congratulated everyone on a great Clambake Festival, said he wrote a letter to Santa Claus, who told him he was coming to Sebastian on Saturday, December 5th for the parade, and that any organization that would like to be in the parade can call the Chamber of Commerce at 589-5969 and tell them how many people and whatever, and then asked the Mayor to come and greet Santa. Ms. Coy added the parade is for the children and no politics. 14. NEW BUSINESS 15.184 A. Voluntary Early Retirement Program (Transmittal, Draft Letter to Qualified Employees) The City Manager said from time to time management has offered, with Council's authorization, an incentive based early retirement program to senior employees, and he, in conversations with Mr. Killgore, CFO about next year's budget, thought it prudent to look at something like this again. He presented a concept for a voluntary early retirement program for 27 employees who fall into the window of 15 years or more of employment who are 50 years of age or older, to provide $1000 for each year of full-time continuous city service, payout of sick and vacation time as set out in various contracts and agreements, employee only health care, dental and vision for 36 months, which closely parallels what we have done in the past. He said it is strictly voluntary and no one is obligated to take it, and cited on page 42 a letter that would be provided to employees. He said when he had an indication who would be interested, he would come back to City Council on December 16th with hard numbers about what the savings and expenses would be. He asked for authorization to 8 13 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Nine publish the letter to the 27 employees with a deadline of December 2nd, and then work in the Finance Department to bring a more definitive package to City Council. Ms. Coy asked if the program included our Charter Officer, and the City Manager said the Charter Officer who would qualify for this is the City Clerk and she is within that 27 member population. He said he did not think it was his call to present the City Clerk with this letter but if Council would ask him to do that, he would. The City Attorney said it is up to the City Council. Mr. Hill said when the City Manager speaks about City Manager employees or employees of the City, they work directly under the City Manager, and this would not cover any Charter Officer but the employees of the City who work directly under him. He said he would not be opposed to it if it was the desire of a Charter Officer to approach Council to have a discussion about providing the same benefits that we have provided our staff. He said we've done that in the past and typically we provided the same reduction in benefits to our Charter Officers that rank and file employees have gotten, so would welcome that conversation. Ms. Coy asked the City Clerk if she was interested in discussing it, and she responded not tonight and was uncertain of her plans though would probably be retired by age 62. Mayor Gillmor said if we are going to do it, it should apply to everyone the same, and there would be a time certain that it would be beneficial to the City and after that point it would not be. He said it should extend to Ms. Maio and everyone should say yes or no and not halfway through the year. Mr. Hill agreed and said the request tonight is for the letter to go out, and it would not be appropriate for the City Clerk to get a letter from the City Manager. The City Clerk said she has been talking about leaving, and the City Manager came to her when he came up with this program and told her about it, and she asked if it applied to her since she fell under these parameters and he said he was not sure how that would work. The Clerk said her contract provides that she is entitled to the same benefits and increases as are provided to all other full time employees, and it was her thinking that it probably would apply under the terms of that provision, most of which are much the same as other employees. She said her concern is that if she is included in the pool, it might not be advantageous for the City to do, since her payout would be large due to her longevity, and she did not want to affect the program that the City Manager is preparing for his employees. She said she may not be ready tonight to say she wants to participate and her next chance to talk to Council is December 16th. She said again she did not want to affect his program and his idea of saving money for the City. Mr. Hill said that would completely be negotiation between the City Council and Charter Officer. He said he would be in favor of extension of those benefits though he doesn't want to see it happen. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve this. Mr. McPartlan suggested the same letter could be signed off by the Mayor offering the same opportunity to Ms. Maio if she so chooses to take up on it. 9 14 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Ten Mr. Hill said if that same letter is to go out, she would have to have that decision made by next week, and based on a thirty year career, was concerned hemming her into that. Mayor Gillmor said we are not going to meet until December 16th and we have more than one week. Mr. Hill again said Charter Officers work for Council and it is a completely different situation, the negotiation should be with a Charter officer. Mr. McPartlan said that anything available to other employees is available to the Charter Officers and they wouldn't get short changed, so this an opportunity that is available to employees is also available to the Charter Officers. Ms. Coy said the other side of the coin is the discretionary nature of the termination of the employment which is going to be to the benefit of the City. The employees can't say I want to retire but I don't want to retire until June 30, and the City Manager is going to be selecting dates so everyone is not leaving at the same time. She said it is better if they deal with the City Clerk one on one, and she knows we will take good care of her since she has taken such good care of the City. Mayor Gillmor said we are just approving a concept tonight and are not saying yes to anything until the next meeting. Ms. Coy said she has discussed this with the City Manager and some of the employees are really excited about this. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 15.185 B. Consider Parks and Recreation Advisory Committee's Request Regarding Posted Signs at Stonecrop Street Park (Transmittal, E -Mail, Chronology, Evaluation, Petition, Notice, Notified Resident List, Pictures) The City Manager said an issue had come up regarding posted no trespassing signs at Stonecrop Park, said the City Clerk provided a chronology of events indicating why those signs are there going back to 1993 direction to post no trespassing signs temporarily, took it before Parks and Recreation, and, since it was Council action to put them up, brought it to Council to see what the feeling was and ask for direction. Mayor Gillmor asked for clarification that this is a City park closed for 20 some years, and the City Manager said yes with temporary signs. Mayor Gillmor said he didn't know it existed. The City Manager said there are some hazards there, said he had asked Ms. King to notify the residents within a 300 foot radius for the meeting tonight. Mayor Gillmor then called for public input. Greg Hepler, 1472 Stonecrop, said he would like to see signs stay there because technically there is no purpose for it to be a park, it is strictly a water control structure and an environmentally sensitive area with wildlife and numerous hazards. He said there is a rope swing further down that kids use, and he is a bit concerned about people going in there because kids are going to be unsupervised, noting he saw six kids under the age of thirteen go in there last night. He said the area is inhabited by animals and water snakes, and did 10 15 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Eleven not know how it would function as a park, with no benches and no trash cans. He said he was in favor of leaving the signs up. Ken Grudens, 931 Starflower Avenue, said he received the notice, that this is a passive use park setting and has a history of kids and families who go in an enjoy nature, he has never seen problems with kids down there, going back to Wesley Davis talking about using it as a swimming hole and he is getting pretty old. He said he heard neighbors were concerned about partying in there, and said since the City owns it, perhaps the City should keep more of an eye on it. He said Natural Resources Board mobilized a huge effort to cut out the exotics years back, and if the City cleared peppers out you could see down to the river and increase surveillance. Shirley Kilkelly, Franciscan Avenue, said she wanted to understand why they the City wants to take down the signs, said there is an uncleared access point, twenty years ago she was taking water samples for the Marine Resources Council when the signs first appeared and she was assured by the Police Department that she could continue, and that the reason for the signs were that people were partying down there after dark and causing problems in the neighborhood and after the signs were put up there were no further problems. She said if they are going to open it up, to improve the access because it is only 15 to 20 feet down from the road to the water. William Usher, 650 Breakwater Terrace, suggested limiting the park to daylight hours only. Todd Hotchkiss, 1550 Stonecrop Street, was concerned about liability of big and small gators, other wildlife, and endangered tortoises, which is a good reason to leave the signs up. He said with the signs there he can point to them to anyone who goes down there, and the kids who go down there now are trained to pick up after themselves. He said this is a beautiful place and very pristine, that you can cut all the trees and it will appease people, but not the animals. Tracy Sabol, 1608 Stonecrop, said he owns a property but no house, and bought it because of the park, which is a very special piece of property, said it may be a little unsafe, could use some trash cans, should be daytime use, said it is an asset to the town and hoped they open it up. John Tenerowicz, 310 South Wimbrow, Chairman of Parks and Recreation Committee, recommended they open it up. Mayor Gillmor said he visited and was amazed how beautiful it is, has been left alone, and as far as a passive park daytime hours only, it is not accessible to residents now because of the parking issues, and as to the no trespassing signs Council created the problem 20 years ago. Mr. Hill said this is one of the most beautiful parks in the City, is perfect for a passive park with trails for people to enjoy, it could be educational and to close that off would be a shame, said we have a lot of parks that close at dusk. He said we go through this every time we consider a park and to keep it from the people who own it would be a shame. Ms. Coy said it appears the reason for the temporary closing 20 years ago has gone away, no one has died and people are using it, and we should not be selective on who gets to go 11 16 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Twelve down because it is the public's. She was in support of opening it up and closing at dusk and that police can enforce that. Mr. Hill suggested they could send this back to Parks and Recreation to come up with an idea of what it should be. Ms. Coy said it won't take much money to make trails Mr. McPartlan said he knows a lot of kids who go there and it is known as the watering hole, and they enjoy it. He asked if we take no trespassing signs down, what is the City liability. The City Attorney said the City is responsible, even with the no trespassing signs, that when dealing with public property and public activity you have liability and this is consistent with the general idea that you have liability with or without signs. Mr. Adams said he also had the liability concern, said he sees that it is the same as for any other park regardless of signs or no signs. He asked what the purpose of Stonecrop was right now. The City Manager responded that maybe Parks and Recreation Committee defining that purpose is appropriate, there are funds available and they can make recommendations to Council, and this is an opportunity to get the public involved and bring forward to Council. Mr. Adams said he was in favor of opening it up and agreed with sending it back to Parks and Recreation and make suggestions for improvements. Mayor Gillmor said it would be irresponsible to take down the signs without a plan, Parks and Recreation can look at access points and issues there, citing the wisdom of what Mr. Sabol said about having a passive park with trails and only opening during daylight hours which would alleviate problems, and having Police come and check out at night. The City Manager said he was asking for direction, to take signs down now and take to Parks and Recreation or have them come up with a plan and then take the signs down. Mr. Hill said the signs should come down, and shouldn't be there in the first place. MOTION by Mr. Hill and SECOND by Ms. Coy to remove the signs now and send back to Parks and Recreation the potential development of the Stonecrop Park and Council consensus is that in a passive trail friendly manner. Ms. Coy seconded the motion with a request to ask Parks and Rec to expedite. Mayor Gillmor asked as part of the motion to add a limited amount of parking, because it does not appear that there is a great deal of land there where you could park without intruding into the wildness of the area, and it looks like there is some area where you could put some on -street parking. Mr. Hill said that will be an issue we will have to deal with going forward, citing another passive park on the south side of 512 on the Sebastian River where he walks. 12 17 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Thirteen John Tenerowicz said Parks and Recreation will meet on Monday, November 23 in a workshop on the master plan and they will address this. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 15.186 C. Authorize the Re -appropriation of $726,000 to Reconstruct Five City Streets (Transmittal, Assessment, PowerPoint) The City Manager said two things happened recently, the recent heavy rains and concerns expressed and a common theme about roads and infrastructure at the candidate forum, so he got with the City Engineer to do an assessment of roads. Frank Watanabe, City Engineer, gave a Power Point presentation on a street inventory and survey (attached to minutes), which included a color coded map of the City streets in categories. Mr. Hill said here we are a month into the budget process and we talking about reallocation of $750,000 and asked why we didn't discuss this during budgeting. He said he hoped it is not due to the base and if it is failing roads that we missed he understands because we are changing a substantial amount of budget. The City Engineer said he should have looked at this sooner, but when they looked at these roads they did not jump out, noting the drainage ties into our roads and if we don't get the water off the roads they will start to fail. He noted grass on the edge of roads is higher than the swales which retains water and roads fail, and staff may approach Council with an idea to make water move faster, but these roads did not appear to be a problem last year. Mr. Hill said we are going to start seeing roads fail because we resurfaced most of these roads in early 2000s, and we will need a more comprehensive approach. The City Engineer said it ties in with ditch cleaning, citing about seven years ago when they did ditch cleaning they also bladed off the grass and that has not been done in six years. The City Manager said we were being fairly prudent in allocating money for paving, Mr. Watanabe went to extraordinary lengths during the inspection process, the rainy season came in late August and September, the deterioration of Main Street took them by surprise and they were faced with a situation that we could lose that road. He said perhaps they could have done better in looking forward, but this is the best they can do right now, and have identified with the CFO, Mr. Killgore, where we can reallocate funds and said if we don't do this now we will be that much further behind, and recommended approval. Ms. Coy said for years our Budget Committee kept telling us our infrastructure was failing, we have the opportunity now and we are obligated to fix it, but agreed we don't want this to become common practice. Mayor Gillmor said in 2008 when he came on Council, the City was only budgeting $50K to $75K for road reconstruction, saw that Barber Street was failing and we were able to tap into federal funding but only took care of part of it. He said we are going to have to re-evaluate how much we need to put aside every year to maintain our roads, and $75K was not enough. 13 18 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Fourteen Mr. Adams said this item took him aback, was concerned we were taking funds from Barber Bridge, and asked when we will do that. Mr. Watanabe responded we can go after federal dollars on the bridge project, because Barber is regional traffic and we can shift that money to our local roads. He said we need to start lobbying for those federal funds today and maybe in five years, take it MPO and get it rated high enough to get those funds. Mr. Adams asked if it will still be there in five years. Mr. Watanabe said it will be there in five years but not much beyond that, said we have an annual FDOT inspection, but did not like to wait until the very end but to do it as early as we can. Mr. Adams asked if paving assessments are done yearly. Mr. Watanabe said typically they are done in two year cycles, said he has been doing them on a one year basis but not as detailed, but due to the situation with Main Street he then did a full assessment. Mr. Adams suggested we do them on a more regular basis so we are not scrambling. Mr. Watanabe said he hoped to get them to Council earlier next year, so it doesn't happen after budget time. Mr. McPartlan said staff has been pro -active with the roads, the City hotline calls are helping, and if residents see that water on the road is not moving they can call so we can go out and blade off that grass. Ms. Coy said 501 Palm Avenue. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the reallocation $726,000 for the reconstruction of five street pavement projects. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 Mayor Gillmor called recess at 8:20 pm and reconvened the meeting at 8:31 pm. All present. 15.187 D. Waste Management Franchise Agreement — Requested by Mayor Gillmor (Transmittal, Agreement, Ranking, Franchise) Mayor Gillmor said he had placed this item on the agenda for discussion, said he thought most of us had an opportunity to meet with Waste Management before this meeting, and said his concern was the apparent breach of contract by WM with the deletion of the natural gas refueling station. Mr. Hill said he has spoken with them and with the City Manager and was comfortable with the direction we are taking to resolve issues, his issue was that we were caught off guard in knowing there was something already constructed in Vero. He said it would be important to have our staff sit down with them to discuss some of the things that can take place like involving themselves with our working waterfront, the Chamber front porch, recycling and several other options to stay the good partner they have been with City for the last 12 years, and everyone is moving in that direction. George Geletko, Waste Management, and Dina Ryder Hicks, Public Affairs Manager, Waste Management introduced themselves. Ms. Ryder -Hicks thanked Council for the opportunity to address this issue publicly and offered an apology. She said there were a myriad of reasons to locate their facility in unincorporated Indian River County on a property that is across the street from their existing facility, it had the acreage they needed, they needed to act quickly and there was a natural gas line running behind that facility as well. She said there were real estate teams working between April and October 1 st, they looked at 14 19 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Fifteen properties in Sebastian that had existing facilities on them but they were too small and did not have infrastructure in place for gas lines. She said that though they initially looked at bringing a facility in 2017, things accelerated quickly to allow them to bring natural compressed gas trucks to the County and City as of this October 1St and those trucks are running in Sebastian currently. She said they were of the impression that Mr. Griffin was in the loop, because of all the communications going on and clearly that was not the case and that is the reason for the apology. She said they did not sit down with Mr. Griffin and explain the situation, but they recognize their responsibility to the City of Sebastian under the franchise agreement and would like to move forward with something that is in the best interest of the City and its residents, because if there is anyone that is a true partner with Waste Management it is the City of Sebastian. George Geletko, as we looked at the airport facility we saw there was no gas coming in there, and it would have cost $4M to get it in there and eighteen months to do, and need a fleet of 100 trucks for City Gas to get a return on their investment. He said the Kennedy property had the infrastructure they needed to get started up in 2015. Mayor Gillmor said the question he had was when we had our conversation this week there was talk of a potential temporary refill station that you have that is surplus and asked is that still on the table. Ms. Ryder -Hicks introduced have chief engineer (name inaudible) here tonight to address, noting they had left that meeting and brought the parameters of what the City was looking for and that particular unit would really not be the piece that would meet the needs of the City but is designed for a very, very large fleet of heavy duty industrial trucks but there are smaller units available. Luke ??, said there is a mobile unit that can fuel 40 trucks overnight, which is slow fill, and you can do fast fuel or low fuel but in order to fuel 40 units it will be slow fill. He said in the City's case, you are going to have only a couple of units in 2017. Mayor Gillmor responded that this has been on our agenda for a long time, the idea of moving from gas to CNG vehicles, for maintenance, cleanliness and cost, and that is why we crafted our proposal with the idea to put a CNG station here, and was part of the RFP and the contract that Waste Management signed. Mr. ?? said they could make their facility accessible for the City's use, it is probably seven or eight miles from Sebastian, but in the City's case they really need a facility that is closer to their needs, there are systems that can fuel five trucks or ten trucks, and he can look into it and give them a proposal. Mr. Geletko said what we are forgetting about is infrastructure, which they have to have in place and City Gas is the one that controls that infrastructure, and without them being a partner and making this cost effective nothing would happen. He said the type of equipment that Luke is talking about is different types of equipment and anytime you are dealing with compressors, they have to operate so many hours or they will freeze up and be useless, and if you don't have the number of vehicles to use the facility every day then it doesn't make sense to make that happen right away. He said we need to sit down with City gas to make sure they have gas lines available to us. Mayor Gillmor said the line is right in front of where our City maintenance trucks are. Mr. Geletko asked if it was low or high pressure. 15 20 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Sixteen Mr. Hill said the key is to have the City Manager and the City Engineer sit down and talk to Waste Management and CNG, because we don't have the technical expertise but we do know how to get answers. He said he preferred we don't get too fixed on the station when there could be opportunities elsewhere to benefit the community, and with WM offering and zero natural gas vehicles right now, and a potential fleet way down the road, it is important for us to understand what type of lines are running in our City and what type of facility it will take to slowly ramp up a fleet, but let's not miss an opportunity to benefit the community in other ways, such as their assistance with the Working Waterfront, the Front Porch project or more assistance with festivals with recycling, or commercial recycling along the riverfront. Ms. Coy said she agreed 100%. Mayor Gillmor said he looked at the contract and RFP and believes it is pretty clear it is a breach of contract and asked the City Attorney if he is completely out of the water on this. The City Attorney said he thinks he is one step ahead of himself, that it is a potential default and you have to work through the default process before you get to a breach of contract situation. He said they have an opportunity to cure and that would be whatever we negotiate for a cure, but he agreed that the language is clear, there are five conditions to their requirements and they have been met, and thought the contractor understands that there is an issue here that they have overlooked, at least to the point that if they were going with the other facility on 77th Avenue, they may have been under the impression that if they built something near the City, the City could take advantage of it, and that would satisfy our needs. He said he thought they agree that we should have been informed all along as plans were changing and they were making decisions with regard to where it was going to be, we should have been part of that discussion, after we had supported them before the County, since that was a condition if they got the County contract. He said we talked to them and dealt with them on a number of issues that need further discussion and that will determine, if Council agrees, whether or not we amend this contract provision and put in some other provisions satisfactory to the City. He said this is a potential default but not a default yet, because we are talking to them. Mayor Gillmor said a small station that would allow us to fuel a future fleet would make us whole and everything else he sees as trinkets which do not satisfy a cure for this situation. Ms. Coy said she does not consider this a breach, that there is room to negotiate some changes to the contract, and a gas fleet for us is years away and we might have one or two vehicles in the near future. She said we could tie this up with litigation if we want to get nasty with someone who has been a good partner, but why not negotiate. She said public works is moving to the airport someday, she wants something substantial for the long term, did not see a gas facility as something we need right now and would prefer to move on because we have nothing to fuel, so why not get something we can use and would like to see $25K for the Pelican Porch and for City Hall and all of our City buildings to be serviced for recycling to include PW and our parks during festivals, and maybe good commercial recycling. Mr. Adams said Waste Management is a good partner with the City and did not believe that was how you treat good partners, you have to have communication and if the facility was to be somewhere else and they knew, they should have kept us in the loop. He said we are looking at a CNG station here in Sebastian, and it doesn't matter that we don't have anything here that can use the station, it was promised but not being delivered, and they 16 21 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Seventeen should live up to their promise. He said going forward all we can do is see how they can make it right with something that is of benefit to the City and he would expect better communication so situations like this don't arise again to remain good partners who talk to each other. Mr. McPartlan said the CNG was the deal breaker, there is always wiggle room, and the main thing is we were slighted but asked, do we want to let that fester or try and work something out. He said Waste Management has been good for the City and he never had a problem with them, you can call Bob De la Cruz and he is responsive. He said when you look at some of the proposals they brought up on Monday which, when he met with them, he liked and we should leave it with staff, like maybe a $700K check for roads we could use or free commercial recycling along the riverfront for a year and in a year's time you calculate how much was collected and then put pressure on the businesses to participate. He said he would have loved it if they told us it would be $4M for an airport CNG station, which would not be cost feasible. He said he thought we can make things better and can rectify the situation, and leave it to staff to expand on it and redo the contract and in a year and a half if doesn't work out, we can get out of the contract. Mayor Gillmor said to WM reps they can work with staff and bring it back and we'll do the dance again. He said he had no problem with the other benefits for the City, just had a problem with the contract. Mr. Geletko said they heard him loud and clear, want to be partners for many years, and will work closely with staff. 15.188 E. First Reading of Ordinance No. 0-15-09 — Allow Upright Markers in Unit 3 — Schedule Public Hearing for 12/16/15 (Transmittal, 0-15-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-18 (A) (3) b. OF CHAPTER 34 OF THE CODE OF ORDINANCES PERTAINING TO THE CITY CEMETERY; PROVIDING FOR ALLOWANCE OF UPRIGHT MARKERS IN UNIT THREE OF THE CEMETERY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-09 by title. MOTION by Mr. Hill and SECOND by Mayor Gillmor to pass 0-15-09 (public hearing 12/16/15). Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 15. CITY ATTORNEY MATTERS The City Attorney congratulated all the candidates who are on Council one more time, and indicated that the election was well run by the Supervisor of Elections and said the County is very well served by her. 16. CITY MANAGER MATTERS The City Manager thanked everyone for their efforts on the Clambake. 17. CITY CLERK MATTERS - None 17 22 of 174 Regular City Council Meeting/BOA November 18, 2015 Page Eighteen 18. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill said the Clambake is a wonderful operation, and the season the start of amazing things that are coming up like Light Up Night, the Parade and urged everyone to enjoy Sebastian and reflect on how good we have it. B. Council Member McPartlan Mr. McPartlan said the sound was the best he'd ever heard at the Veterans Day event, reported on an effort to obtain a grant to have Pelican Island Elementary become a "Community School" to fund programs for students and families including medical and mental health issues, noting Chief Morris is involved in it. Ms. Coy asked if it would be a violation for her to be involved if Mr. McPartlan was involved. The City Attorney said only if there was a board. She said she would help out in any way she can. Mr. McPartlan said they are looking for a non-profit to take charge and Children's Home Society had offered. C. Mayor Gillmor Mayor Gillmor wished everyone a happy Thanksgiving. D. Vice Mayor Adams Mr. Adams said the Clambake was well run and well attended, and wished everyone a happy Thanksgiving. E. Council Member Cov Ms. Coy commended all involved in the Clambake, and said she had talked to the City Attorney who advised that it would be appropriate to call certain candidates who did not remove their signs to do so, and said we are happy up here to continue what we are doing. 19. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 9:12 p.m. 18 23 of 174 MOF SE�TiAi� HOME OF PEUCAN IRAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 16 December 2015 Agenda Item Title: Airport Automated Weather Observation System (AWOS) Recommendation: Approve Resolution R-15-41. Background: The current AWOS at the Sebastian Airport has been in service since 2006. The system has outlived its service life and needs to be replaced. Breakdowns have put the system out of service for long periods of time. Recently, FDOT noticed airport Staff that funding for a replacement is available in the current fiscal year. The subject FDOT Joint Participation Agreement (JPA) will secure the purchase and installation. The project amount is $72,000. FDOT participation: $57,600; Airport share: $14,400. If Agenda Item Reauires Exuenditure of Funds: Total Cost: $72,000 City/Airport project funding: $14,400 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $14,400 Fund to Be Utilized for Appropriation: DST Administrative Services Department Review: �1 Attachments: 1. FDOT JPA 2. Resolution R-15-41 City Manager Authorization: l Date: 09 December 2015 24 of 174 Financial Project No.: 439078-1-94-01 ( Item -segment -phase -sequence) Contract No.: CFDA Number: STATE OF FLORfOA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: DPTO Function: 637 Federal No.: DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 751000 Org, Code: 55042010429 Vendor No.: VF596000427008 CSFA Number: 55.004 725-030-06 PUBLIC TRANSPORTATION OGC - 7115 Page 1 of 14 CFDA Title: CSFA Title: Aviation Grant Program I 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 Sebastian 202 Airoort Drive East Sebastian. FL 32958 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 11/30/2017 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. [Rlmg"4 4MR1111". WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Purchase and Install New AWOS system at Sebastian Municipal Airport and as further described in Exhibit(s) A.B,C & D attached hereto and by this reference made apart hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 25 of 174 Page 1 of 14 725030-06 PUBLIC TRANSPORTATION OGC - MS Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C' attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 72.000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 57,600.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less, 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. 26 of 174 Pape 2 0114 725-030-06 PUBLIC TRANSPORTATION OGC - 7115 Page 3 of 14 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, inconformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.30 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. 27 of 174 Page 3 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 7115 Page 4 of 14 Part I Federally Funded: 1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/prccesses deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot. state. fl. us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 GFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). 28 of 174 Pago 4 of 14 725.030-08 PUBLIC TRANSPORTATION OGO.7115 Pago 5 of 14 d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. g. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSi ng leAudit@dot. state. fl. us Part II State Funded: 1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff andlor other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. 2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. Page 5 of 14 29 of 174 725-030.06 PUBLIC TRANSPORTATION OGC - 7115 Page 6 of 14 b. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes_ This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state. fi.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot. state. fi.us And State of Florida Auditor General Local Government Audits/342 111 W Madison Street, Room 401 Tallahassee, FL 32399-1450 e. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Page 6 of 14 30 of 174 725030-06 PUBLIC TRANSPORTATION OGC • 7115 Page 7 of 14 The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL, _ 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; Page 7 of 14 31 of 174 7250.30.06 PUSUC TRANSPORTATION OGC . 7115 Pape 8 of 14 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. Page 8 of 14 32 of 174 725.03006 PUBLIC TRANSPORTATION OGC . 7115 Page 0 of 14 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 of seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 33 of 174 Page 9 o114 725.070.06 PUBLIC TRANSPORTATION OGC - 7115 Page 10 of 14 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: Page 10 of 14 34 of 174 725.030-00 PUBLIC TRANSPORTATION OGC - 7115 Page 11 of 14 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department, The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 35 of 174 Page 11 of 14 725.03406 PUBLIC TRANSPORTATION OGC - 7115 Page 12 of 14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C' if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "13" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 11/30/2017 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 36 of 174 Page 12 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 7115 Page 13 of 14 19.10 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 attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall. expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 24.00 The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. 37 of 174 Page 13 of 14 725.030-06 PUBLIC TRANSPORTATION OGC - 7115 Page 14 or 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 38 of 174 Page 14 or 14 Fin. Proj. No. 439078-1-94-01 Contract No: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Sebastian. PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Purchase and Install New AWOS system SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 13.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: http://www. myfloridacfo.com/aadir/docs/ContractandGrantManagementUserGuide.pdf Narrative The project is to purchase and install a new AWOS (All Weather Observation System) in accordance with FAA specifications. The new AWOS will replace the existing system which will include new 39 of 174 AWOS Type II per FAA, weather and communication, concrete pad, cabinet, power source, new weather tower devices and UHF antenna. The project will also include the training of this new AWOS II to airport staff and the radio frequency licensing and submittal of FAA application. Justification Sebastian Airport is a general aviation facility with no tower, so the AWOS is the only communication to the approaching aircraft as well as providing weather conditions. It is critical that we maintain this communication on weather conditions to aircraft using the airport.The existing AWOS is over ten years old and in bad condition. It has been repaired and currently the vendor does not support this old equipment for replacement parts. If the system fails, the airport will lose communication to the aircrafts and weather information weather data to aircraft flying into the airport. SCOPE OF SERVICES Design Phase The Agency must submit a signed copy of an agreement between the Agency and its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. 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. 3. 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 40 of 174 and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase 4. The Agency must submit a signed copy of an agreement between the Agency and its contractor, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 5. The contractor should submit their pay request to the Agency's project inspector for approval using the standard "Application and Certificate for Payment' form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. 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. 7. 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. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. 41 of 174 Financial Project No. 439078-1-94-01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 202 Airport Drive East Sebastian, FL 32958 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FAA Agency Participation In -Kind Cash Other Maximum Department Participation, Primary $ 72,000.00 $ 72,000.00 ( 0 %) or $ 0.00 ( %) or $ ( 20 %) or $ 14,400.00 ( %) or $ DPTO ( 80 %) or $ 57,600.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $72,000.00 Page 1 of 1 42 of 174 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES oGc-03/15 Financial Project No. 439078-1-94-01 Contract No. Agreement Date This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 202 Airport Drive East Sebastian, FL 32958 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. B. 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 (latest version of each document): a. Florida Statutes (F.S.) - Chapter 163, F.S., Local Government Comprehensive Planning and Land Development - Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens 43 of 17�e 1 of 11 EXHIBIT "C" 725-04o•15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03/15 - Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce - Chapter 332, F.S., Airports and Other Air Navigation Facilities - Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) - Chapter 73C-41, FAC, Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments - Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection - Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports - Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements - Airport Zoning Ordinance - Local Comprehensive Plan d. Department Requirements - Eight Steps to Building a New Airport - Florida Airport Revenue Use Guide - Florida Aviation Project Handbook - Guidebook for Airport Master Planning - Airport Compatible Land Use Guidebook 2. Construction Certification: The Agency hereby certifies, with respect to a construction -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 - FAA AC 7017460-1, Obstruction Marking and Lighting - FAA AC 150/5300-13, Airport Design - FAA AC 150/5370-2, Operational Safety on Airports During Construction - FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements - Local Building Codes - Local Zoning Codes Page 2 of 11 44 of 174 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03115 c. Department Requirements - Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") - Manual on Uniform Traffic Control Devices - Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" - Standard Specifications for Construction of General Aviation Airports - Design Guidelines & Minimum Standard Requirements for T -Hangar Projects 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and 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 - National Environmental Policy of 1969 - FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects - FAA Order 5100.376, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements - Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) - Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) - Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority 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. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. Page 3 of 11 45 of 174 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03115 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 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and 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 adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. Pa 46 of 174ge 4 of 11 EXHIBIT "C" 725.040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03115 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terns and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or 47 of 1 /�e 5 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03/15 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve 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 agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. 48 of 1"1 6of?1 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES Occ-03115 15. Federal Funding Eligibility a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grantor allow general easement or public access that opens onto or crosses 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, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and 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, encumber, 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 lease airport property for airport -compatible purposes. 20. 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 scope and cost of professional services. 49 of 1"T 7of11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 21. Planning Projects For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Fumish 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 Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master 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 Plan, and any updates thereto. The cost -feasible financial plan shall 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.). 22. Land Acquisition Projects For 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 50 of 1 /Ile 8 of 11 EXHIBIT "C" 7255-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03/15 (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a 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 following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, 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 per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, 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 shall be required. d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and 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 Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For the disposal of real property 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 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. 51 of 1 a/Te 9 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 (4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as outlined in Section D.9. (5) 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. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount 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 local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. (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. 52 of 1 Pee 10 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES Occ-03/15 (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 government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 53 of 17T 0 f 1 of 11 Financial Project No. 439078-1-94-01 Contract No. Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements STATE RESOURCES State Agency Catalog of State Assistance (Number & Title) Amount Florida Department of Transportation 55.004 $57,600.00 Compliance Requirements Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement 54 of1"e1of3 EXHIBIT "D" These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air -side capital improvement projects (runways, taxiways, aprons, T -hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fi.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports 55 of 1PtRe 2 of 3 EXHIBIT "D" When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on -airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. 56 of T% $e 3 of 3 RESOLUTION NO. R-15-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED WEATHER OBSERVATION SYSTEM AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for installation of an Automated Weather Observation System at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 439078-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member put to a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea B. Coy Council Member Bob McPartlan Council Member Jim Hill and, upon being 57 of 174 The Mayor thereupon declared this Resolution duly passed and adopted this 16th day of December 2015. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA am Mayor Richard Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 58 of 174 MY OF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 16 December 2015 Agenda Item Title: Florida Municipal Power Agency (FMPA) Resolution Recommendation: Consider Resolution R-15-42 in support of HB 579 and SB 840 regulating the FMPA. Background: Councilmember Hill has requested an agenda item for consideration of a Resolution in support of Florida House Bill 579 and Florida Senate Bill 840 that would provide for more regulation of the Florida Municipal Power Agency. If approved, a copy of the Resolution will be sent to Governor Rick Scott and to the Florida House Speaker and Florida Senate President. Administrative Services Department/CFO Review: . Attachments: City Manager Authorization: Date: 09 December 2015 R-15-42 59 of 174 RESOLUTION NO. R-15-42 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING FLORIDA HOUSE BILL 579 AND SENATE BILL 840 REGULATING MUNICIPAL POWER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Florida Municipal Power Agency (FMPA) is a Joint Use Action Agency created pursuant to a series of interlocal agreements with Florida municipalities to finance, acquire, contract, manage, and operate its own electric power projects or jointly accomplish the same purposes with other public or private utilities: and, WHEREAS, The Florida Municipal Power Agency is governed by a Board of Directors, with one Board member appointed by each member municipality. The Board decides all issues concerning each project except for the All Requirements Project. The All Requirements Project is governed by an Executive Committee, with each All Requirements Project member municipality that purchases power from the project appointing one Executive Committee member: and, WHEREAS, the City Council of the City of Sebastian has legitimate concerns regarding the operations of the FMPA as it controls the electric rates of Indian River County operations thereby directly impacting the taxpayers of the City of Sebastian; and, WHEREAS, Florida House Bill 579 and Florida Senate Bill 840 promote FMPA transparency and accountability, redefines the term "public utility" to include the FMPA, and promotes oversight by placing the FMPA under the jurisdiction of the Public Service Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. SUPPORT. The City of Sebastian, a Florida municipality, does hereby give its support to Florida House Bill 579 and Florida Senate Bill 840 and hereby urges the Florida State Administration and the Florida Legislature to support HB 579 and SB 840 to provide enhancements to the regulation of municipal power. SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill Councilmember Bob McPartlan 60 of 174 The Mayor thereupon declared this Resolution duly passed and adopted this 161' day of December, 2015. CITY OF SEBASTIAN, FLORIDA Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 61 of 174 Council Meeting Date Agenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL FORM 16 December 2015 Forfeiture Fund Distribution Approve $2,000 to the Executive Roundtable Background: The Executive Roundtable of Indian River County is a 501(c)(3) charitable organization requesting donations to fulfill the tasks of effecting positive change and facilitating the needs of families in Indian River County. If Agenda Item Requires Expenditure of Funds: Total Cost: $2,000.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $2,000 Fund to Be Utilized for Appropriation: Police Forfeiture Fun Administrative Services Department Review: -, Attachments: 1. Letter of Commitment 2. Florida Statute 932.7055 (5) (b) City Manager Authorization: 4;�X ' , Date: 09 December 2015 62 of 174 Executive Roundtable of Indian River County Letter of Commitment As a member of the Executive Roundtable of Indian River County I promise to use my position as a decision -maker to: 1. Participate with my knowledge and available resources 2. Build consensus to advance the work 3. Collaborate on joint endeavors 4. Coordinate policies and actions to accomplish Roundtable goals The goal of the Executive Roundtable is to accomplish system change that results in improved outcomes for residents of the community. To accomplish this, Executive Roundtable members and members of the subcommittees will identify and address risk factors, and protective factors that are measurable, and affect the quality of life of residents in Indian River County. In addition, I will support the Roundtable and invest in its mission by making a financial commitment in the amount of �.T,�oo . e, , by the date of I . Ift a private cont r bution, the funds will be donated from my agency or organization,% -� ��, a �, `� � -e- As a member I pledge to problem solve and work to achieve measurable results that will meet the diverse needs of Indian River County residents using community resources. This letter of commitment is to reflect that I, the Chief Executive Officer of Name) committed to being a participatory member (Agency) of the Executive Roundtable of Indian River County until I am no longer in this position. I f C*n Dat 63 of 174 Statutes & Constitution :View Statutes : Online Sunshine Select Year: i 2015 v Go, The 2015 Florida Statutes Page 1 of 4 Title XLVII Chapter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property.— (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by seated bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sate of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1(d) Notwithstanding any other provision of this subsection, and for the 2015-2016 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2016. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http://ww-w.leg.state.f.us/STATUTES/index.cfm?App_mode=Display_Statute&Search—St... E;IN?945 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shalt apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) witt receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the http://w-rvw.leg.state.fl.us/STATUTES/index.cfm'?App_mode=Display_Statute&Search_St... 5 Statutes & Constitution :View Statutes : Online Sunshine Paoe 3 oF4 Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shalt be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (k) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (l) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shalt issue a title certificate to the purchaser. Upon the request of any taw enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency http://w-ww.lea.state.fl.us/STATUTESlindex.cfm?App_mode=Display_Statute&Search_St... 5 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. -s. 5, ch. 92-54; s. 2, ch. 92.290; s. 21, ch. 94-265; s. 479, ch. 94-356; s. 5, ch. 95-265; s. 72, ch. 96-321; s. 41, ch. 96-418; s. 2, ch. 98-387; s. 3, ch. 98-389; s. 4, ch. 98.390: s. 5, ch. 98-391; s. 2, ch. 98.392; s. 2, ch. 98-393: s. 2, ch. 98- 394; s. 61, ch. 99.245; s. 2, ch. 2000-147; ss. 26, 79, ch. 2002.402; s. 1923, ch. 2003.261: s. 37, ch. 2003.399; s. 3, ch. 2004- 39; s. 38, ch. 2004-234; s. 16, ch. 2004.344; s. 23, ch. 2005-3; s. 19, ch. 2005-71; s. 2, ch. 2005-109; s. 5, ch. 2005.117; s. 11, ch. 2006-26; s. 20, ch. 2006.176; s. 21, ch. 2006.305: s. 7, ch. 2007-14; s. 10, ch. 2007.73; s. 10, ch. 2008.153; s. 207, ch. Z008-247; s. 7, ch. 2009.82; s. 8, ch. 2010.153; s. 18, ch. 2011.47; s. 31, ch. 2012-88; s. 15, ch. 2012.119; s. 4, ch. 2013.5; s. 12, ch. 2013-41; s. 13, ch. 2014-43; s. 22, ch. 2014-53; s. 2, ch. 2015.7; s. 35, ch. 2015-222. 1Note.-Section 35, ch. 2015-222, amended paragraph (4)(d) "[i)n order to implement Specific Appropriations 1254 and 1259 of the 2015.2016 General Appropriations Act." Copyright ® 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://ww-w.leg.state.tl.us/STATUTES/index.cfm`?App_mode=Display_Statute&Search_St... �?/N?qj5 Council Meeting Date: Agenda Item Title: Recommendation CITY COUNCIL AGENDA TRANSMITTAL FORM 16 December 2015 Forfeiture Fund Distribution Approve $1,000 donation to Crime Stoppers Background: The Treasure Coast Crime Stoppers (TCCS) is a non- profit organization that provides tip money for persons that call in information about crimes and the location of wanted suspects. TCCS also provide crime prevention programs such as newspaper ads of wanted subjects and have established a crime stoppers web site to post photos/crime information. TCCS also produce an annual crime stoppers television show. With their assistance several crimes have been solved and criminals captured. If Agenda Item Requires Expenditure of Funds: Total Cost: $1,000.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $1,000 Fund to Be Utilized for Appropriation: Police Forfeiture Fund ? j Administrative Services Department Review - n - -I Attachments: Certification letter City Manager Authorization: Date: 09 December 2015 68 of 174 EBAST1q�y POLICE p1rPARTMEIyT W P Sebastian Police Department 1201 ivlain street Sebastian, Florida, 32958 72-589-5233 Fax ii2-388-1872e-mail mmorrisuikityofsebastian.org J. Michelle iViorris, Chief December 16, 2015 Council Members, I certify per Florida State Statute 932.7055 5(b) the attached items do comply with the provisions of this statute. Sincerely, . Michelle Morris hief of Police 69 of 174 anaF SM6 LAN i �I,i,, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: December 16, 2015 AGENDA ITEM TITLE: Charter Review Committee Appointments - City Clerk's Reques BACKGROUND: City Charter Section 5.03 provides for the review of the City's Charter every five years by a fifteen member committee appointed and funded by the City Council. The Committee shall present their recommendations to City Council within six months from the date of their formation for possible placement on the November 2016 ballot. RECOMMENDATION: Each Council Member to name his or her two appointees: Mayor Gillmor — Dan Dragonetti & Mike Baran Vice Mayor Adams — Matthew Sims & Dick Krull Council Member Coy — Beth Mitchell & Louise Kautenburg Council Member Hill — Council Member McPartlan — Carolyn Sartain -Anderson & Mike Frank Interview unless waived; submit nominations for five at -large members. As of this writing we have received only one application from Bruce Hoffman. We will continue to notice the remaining four positions. If any applications come in prior to the December 16'' meeting we will provide them to you at that time. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Hearing Notices (amount unknown at this time) Amount Budgeted in Current FY: $2300 Legislative Legal Ads ATTACHMENTS: Charter Sec. 5.03; Code Sec. 2-231 & 2-232, Press Releases and Articles City Manager Authorization: l Date: i 5 70 of 174 CITYOF SIEBAST HOME OF VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: 4S KOC AA, + O F F-Ok-A-0-J Address: aylz C(+2_LL_6 WL __ City:s �i �s'� /t��i State: Zip: "SZ1 1�_5 Telephone: { %') Z ) g1 13 - `S 1 $'7 E -Mail Address: `jVjpVvtL+/J 6,e"�,t lcvvw Employer: 15_�'TA(219--b City: Business Telephone: ( ) State: I am interested in serving on the following boards)/committee(s): 1St Choice: C (-L Ar12TT-1Z 'R''V P 9ZAJ 2"d Choice: M CHARTER REVIEW COMMITTEE (serves only six months, everyfive years— next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (permanent) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 71 of 174 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) � S .9Cl�U.UT/�C.) G r /i�ls/� flGrlu f SlJ �;s WA eS /,-/ 1/::1W, -JC,- IAIDMIN /LCAT 5 �fZy � �� Tl� j.�0,� f�0�� �-S T ��- e✓y/2� Why do you want to serve on this board? 77' /440✓e ,4 -S7Roy6 liy T -X,'£5 T xAl 6,57l -Xe,- d -C 7WZ C/7-! �lrf' G�//� rv�z� �'� .���5?1�4�(/, £/�rf�.4•U�'D �Y Tii�£ Cg6 cr��cJ Do you presently serve on another City Board or Committee? If yes, please list: c a£T v/CGU /SO4 Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, 1 acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: eV/ -a' Date Received by City Clerk's Office / I b lJr by: 4,L) 72 of 174 anct HOME OF PEUCAN ISLAND � Cye�� 1ba X16' VOLUNTEER BOARD AND COMMITTEE APPLICATION S°oll This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Richard D. Krull (Dick) Address: 360 Sebastian Crossings Blvd. City: Sebastian State: FL Zip: 32958 Telephone: (772) -388-2212 E -Mail Address: DICKKRULL@BELLSOUTH.NET Employer: Retired City State: Zip: Business Telephone: ( ) - I am interested in serving on the following boards)/committee(s): 1st Choice: Natural Resources Board 2nd Choice: Parks & Recreation Advisory Committee Would also be willing to serve on Charter Review and/or Citizens Budget Review Committees CHARTER REVIEW COMMITTEE (serves only six months, everyfive years _ next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of fhandal disclosure is required following appointment *Must be resident one year prior to application. �poofe(?, 73 of 174 Richard D. Krull 360 Sebastian Crossings Blvd. Sebastian, FL 32958 772.388.2212 PERSONAL BACKGROUND SUMMARY: • B.S. in Marketing; Masters in Business Administration. Retired after more than 40 years employment in advertising, marketing and management. • Vice President of Marketing for one of the Southeast's largest upscale homebuilders and neighborhood developers. • Vice President of Marketing for a multifaceted golf, travel and lifestyle web -based, direct sales company. • Vice President of Marketing for the world's largest golf school company: also for its golf course properties, travel company and golf products manufacturing operations. • Director of Marketing for a high-end golf resort, real estate and country club development. Managed membership and accommodations marketing from start-up to maturity. Played key role in real estate marketing efforts. • Vice President of a residential, commercial and industrial property development/management company. • Founder, Owner, President of a full service ad agency. Grew agency to well over $1,500,000 in annual billings with a variety of retail, residential and commercial development, financial, golf, accommodations and manufacturing clients. • University level Marketing Instructor & Professor. • Recipient of numerous professional and industry awards for outstanding achievement and service. SIGNIFICANT VOLUNTEER SERVICE EXPERIENCE: • Tournament Director for 7 LPGA & PGA events. Began as LPGA event volunteer which developed into an annual part-time stipend position. Managed events and up to 1,000 volunteers. • Board Chairman, 750+ member Sales & Marketing Council, Charlotte Homebuilders Assoc. • Served on a Condo Association Board of Directors in Denver. • Served on board and as chairman of a college scholarship foundation. • Board Chairman of the Tour Pickens County (SC) tourism board. • Board Chairman of the Pickens Revitalization Association — a Main Street program for the city of Pickens, SC. • Served on numerous other volunteer, community, church, service and industry committees. 74 of 174 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Please see attached. I have always been an active volunteer, since moving to Florida last December, miss the challenge and involvement. I'm a quick study in areas that may interest me but not necessarily be my area of greatest expertise. Why do you want to serve on this board? In general, I am willing and interested in doing anything that will contribute to the betterment of the community and area I live in. For the last 15 years, we have lived on acreage in North and South Carolina so as to enjoy nature, wildlife and the beauty of the natural environment. Even in Florida, we purchased a home that borders the St. Sebastian River State Park so we can still enjoy some of what nature has to offer. Do you presently serve on another City Board or Committee? NO If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: _ZZ4 UIL-*� Date: 8.13.2015 Date Received by City Clerk's Office S.1/4/15 by: 41111 75 of 174 RECEIVED MAY - 9 2012 City of Sebastian City Clerk's Office APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: r e)m S HOME ADDRESS: i LA L S503ASTr Rg58 HOME PHONE: -,5 3&-4309 HOME FAX: E-MAIL: 0N&5ToPCELI UL,kIL BUSINESS: NOT \,�OQXIOB BUSINESS ADDRESS: N A BUSINESS PHONE: NN BUSINESS FAX: N N E-MAIL: tjq ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? kS DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board— meets quarterly) PLANNING AND ZONING COMMISSION (permanent board— meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' _PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointrnent AoL&_M5' Q AOc-- Co M 76 of 174 RECEIVED MAY - 9 2012 City of Sebastian Citv Clerk's Office APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) SEE kffAcqEb �ESUAAt . HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? 5 plwo 4 - fwAk�j �, al-�jl a LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: L %6EV6b AS Ato Ak+60jVR}6 Foe -rH 6 TU6 � LrwDSCAP6 ANvs-o(Ly Comm lila- . HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? N 0 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? m O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 6U18 Np I 141I0b WOU11OG 0(0 Av)OT*&i2 156AR.D u -1, OZCF6f, Tn AVE T1'tl✓ FAU-S '4Cyaw ComtnmrEG.. I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or coommmittee is available if requested. {'l Applicant Signature p Subscribed and sworn to before me this 9��day of Z CS . by mf*h� � —S',y� S who is personals known to me, !!r7 has produced as identification. — ?a►� Veronica Stepanek ;._ Commission # DD445249 Notary Public, State of da? Expires July 15, 2009 Bondaa Troy Pain • inananw. jr c 800.385-7019 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 1wp-formlappl icat.wpd rev. 7/2007 77 of 174 Matthew Sims 1741 Barber Street Sebastian, Florida 32958 772-538-4369 RECEIVED MAY - 9 2012 City of Sebastian City Clerk's Office r� F—� 7 Objective Commitment to Excellent �--' N Co Experilence 2006-2008 MA Ford Vero Beach, FL Machinist ■ Inspect tools for shipment to customer • Dictate information from blueprint of Carbide Drill Bits • Set up and Maintained Operations of P4 Rollomatic 2004-2006 One Stop Cellular Vero Beach, FL Business Owner • Day to Day Operations ■ Open and Closing of business daily • Ordered/Stocked Inventory for resale 2004-1991 I. R. County Rec. Dept. Vero Beach, FL Recreation Leader • Organized and Supervised various Recreation Adult/Youth Programs • Prepared Time Sheets and generated a Yearly work Budget • Resolved/Troubleshoot various Customer Related situations 1983-1993 U.S. Army Army Post Office, NY Tactical Wire Operator Specialist • Communication service provider for company level maneuvers. • Maintained communication equipment during tour of service ■ Supervised a squad of ten soldiers, while severing in Germany. Education 1980-1983 Vero Beach Sr. High School Vero Beach, FL Currently Attending I. R. Community College Ft. Pierce, FL Interests Deacon, Church of God in Christ; Florida High School Game Official; Kiwanis Club Member; Mentor, Gifford Youth Activity Center; President, Frederick Douglass Republican Club of Indian River County; Secretary, Four Chaplin Monument Committee, Refereeing High School Basketball, Football, Softball, and Volleyball. Tips Having sharp Customer Relation Skills has played a major role, during my working years. The customer is always right and we are there to provide them with the best `service' possible! 78 of 174 VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: �7� AtkM city. SI-- Zip: 32 I�8 Telephone: ( 7 Z ) 7 3 Z- %/° D 7 E -Mail Address: OMS 4R (' 0, 56"UlrNCA-AA�t.�4EM , CDAA State: rr— Employer: SdAS176A h 0e ( f-3OAF44 C A f-tM 60L 0 !-' ZI)m 4e"- City: � �l �Tr`� State: Zip: � 21 56 Business Telephone: ( 14�- ) �y� - 0 0 I am interested in serving on the following boards)/committee(s): 1St Choice: C i ifi tr-1L � e 2"d Choice: /y �A C ✓CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. s �P6 a. nfi� Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) A '! ft e F P- ISP.( MoA �O-U) M L' e (DOL Over I S" tl ML) A �-�-PMJ /A3LL-T IST 4 C T a M ^1 S Sw1Jc_`-0- SWC zlnot T pmg:E e-wa-faC6- M0 K /)D0) LDG f�-- c� �AJ 11 e rr Ca n e C, AICD -W�5 ZoAtmopJ I q . Why do you want to serve on this board? ► AAA )A-E2Ios~i-e� v )A lel -T�I� C ,14ALw t T4'1` k r -r- LI C )y /WL-) MA4 AUL A qE12Fv- PeASPCcT�y6- /A/ P-ICVIe-0jdG rot Ci -N C'�JA9- 0L, . Do you presently serve on another City Board or Committee? If yes, please list: AD Have you previously served on any other City Board or Committee? 1 L If yes, please list: VIsoIt4 &A&D A141 T66 - I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. IV N Signature of Applicant: Date: Date Received by City Clerk's Office /��1' (�5 by: 80 of 174 CROF SEMI HOME OF PELICAN ISLAND �FCE/V ED pre cit 232012 Y of Se APPLICATION TO SERVE ON CITY BOARD/COMMITTEE City Clerks pp�an (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: PHONE: -7-1 E-MAIL:JOv,� BUSINESS:J(lK�j��,d� BUSINESS ADDRESS: BUSINESS PHONE: ��/ 7� BUSINESS FAX; 00- E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? !� HOW LONG?-APOYrS DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?- A DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? . eb WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board— meets quarterly) _PLANNING AND ZONING COMMISSION (permanent board—meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 0,00 / ppoi r -nx 81 of 174 w APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) °)-ue_- 'r/rrToa. o!uSo34,1 o-/��r/� .J¢ima HOW WOULD YOUR EXPERIENCE BENEFIT TE BOARD YOU'RE APPLYING FOR? hAYe ubr, �,qeI./ e-/ /`,rl YrE Ce i1 A4 dw�r,S, !r ;h rey ob i dv�. � a°eA/r- ij/f&/L •Ae, V/ SAI"447N e n'o ► Xe ATlt/c, r` / t JArF,d r�pv�. `v A.49'a", � OT 160,ZJ� // Acv E' . TS 7' LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: "'n( Yee uj, �t'A �4. hAY� Tlie 196 /,'t� T�' {'e,�c,9 •✓ o,v ,�1�►�'e f� Si Yae 4/=�9.'►�.�desS "y_ /9.&c A6Ae To A ew oT/� r3" s have f�,Csa &.v Ttie_ uJaydeYFa� 7-AeaGro Krevdoe,,W P,'_son%Z a, i HAVE YOU ER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? A0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. 1 understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or commiVee is availab1e­4f-raauactar1 Applicant lbed and swo to before me this a�da� of by who is ersonall kno t me, r has produced as identification. LG�CIiS Public,_Stat on a Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 712007 Linda M. Kocher MY COMM. #DD 855321 61 EXPIRES: February 16, 2013 82 of 174 1014",V APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: p� 7cl A/ v - HOME ADDRESS: HOME PHONE: s ,may / �l HOME FAX: E-MAIL: Ivlayflccser BUSINESS: le BUSINESS ADDRESS: BUSINESS PHONE:�°,/ �� BUSINESS FAX: V1,6 E-MAIL: /V/i}- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Ye S HOW LONG? 7 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? h© DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? y� PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: J CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board -meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* —: POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) s� TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) * (WRITE IN COMMITTEE NAME) r j Filing of financial disclosure is required following appointment iY1Ur's /-Pro I' rit ec, 83 of 174 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) 13• sn ;,tom 3� yed r Fe�e�a l C:v; HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? gee/,e.4/ a,v LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: .A/ /,�? HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? &IJ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? Ye s- I I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committ avai bl if sted. Ap icant Signature Subscribed and swom to before me this 121-1" day of Mawch 2006, by Y11e—t PrnQooeffi who is personally known to me, or has produced PL D:'1 fe-i- L.l C Ylsas identification. E;,III llliti/, a�eu Willi ,���i, Y// ary Public, S -to of Florida :Vic° �oasY 2eA!g , -. s #DD172W ; o lw formla licat d ` rev. 1/2004 NIC Please return to Clerk's Office, 1225 Main Street, Sebastian, FL 32958 84 of 174 cmrcF- HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: 26 2 j (� ,5�, City,! Pe b n Stater Zip: Telephone: ( 3 2-1 5-44- E -Mail Address: ii_LL-C��t�1'i�1 0.9�e.101�r�tar Employer: City: Business Telephone: ( — ) - State: I am interested in serving on the following boards)/committee(s): 1$t Choice: f�n _6 rf e f� Y f� o V J e W 2"d Choice: Zip: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? .l_Ii.!_; Il,A! / RIM kt--75p, Do you presently serve on another City Board or Committee? 1) I S Q�"U ! f (f f e5 � d v 1 S D r y Comm If yes, please list: Have you previously served on any other City Board or Committee?ye5_ If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: ZLL6L.Y2 Date: It Date Received by City Clerk's Office !' by:- W 86 of 174 �tnn a�ico a� J!� ��uanl QLa,iinli� �. IUMk�.e� unt,�. #Js. � UtuCaJ;,c- r.�nd� Llls yV. tiensla . lm�u�c�.utch� ik yxAaa�7ioire , nEtrl(c,cte, d�uq a'tit�.r�4 u�I" /6�� to 87 of 174 CAROLYN SARTAIN ANDERSON 262 Fig Street, Sebastian, FL 32958 321-544-2101(C) <beachmusic1012@gmail.com> EDUCATION: Southampton, NY Public Schools (K-12), 1964 BS, SUNY at Geneseo, NY; Special Education/Political Science, 1968 (Assembly Representative, Sigma Gamma Phi Parliamentarian, Leadership Training Chair, VP Senior Class, 'Who's Who, Colleges and Universities') M.ED, University of North Carolina at Chapel Hill; Special Education/Sociology, 1970 Administrative Endorsement Degree, University of Virginia at Charlottesville; Secondary School Principal, 1996 1T OTIT31 Special Education Teacher, Springfield/Annandale, VA, emotionally impaired adolescents, 1986-2000 (Team Leader, Chair of various committees, Nominated for Teacher of the Year) COMMUNITY INVOLVEMENT: American Association of University Women (AAUW); Board of Director's, Cliff Valley School (Atlanta, GA); Founder, Mother of Twins Organization (Wayne County, NC); Chair of Various Committees, USAF Officers' Wives Club; Charter Member of Founding Board of Virginia Railway Express (Burke/Springfield, VA); Chair, Democratic Headquarters (Fairfax, VA); Board of Director's Adult Group Home facility ( Falls Church, VA); Council for Exceptional Children; National Board of Directors, Spastic Paraplegia Foundation; Deacon, Faith Presbyterian (Newport News, VA); President, Board of Directors, Friendship Christian Community (Sebastian, FL); Daughter's of the American Revolution (DAR), At -Large member; Order of the Eastern Star; Sebastian Property Owner's Association; Indian River Neighborhood Association; Charter Review Committee, 2011 (City of Sebastian, FL); FSL Committee, 2011 (City of Sebastian); Bell Ringer, Salvation Army; Founder/Organizer of the 'Class of '64, Liz Squires Annual Gathering', 2004-2011 (Southampton, NY); Steering Committee, 'Arts Harvest Southampton' (Southampton, NY); Charter President of the Senior Activity of Sebastian (9/2012-10/2013); SRA, Indian River County Senior Needs Assessment (2013); Class of 1964 Southampton High, NY, 50th Reunion Committee; Disabilities Advisory Committee 2015 (City of Sebastian); instrumental in process of a replacement plaque for VietNam (MIA/KIA)/working with Southampton Village Administrator for Dune Beach (2014-2016) ABOUT WHO I AM: My Professional Career as a Special Educator and upcoming School Administrator ended in 2000, as I was no longer able to perform my challenging job. I was a Master Teacher of Severely Emotionally Impaired adolescents (16-21 years of age) and a Team Leader of my colleagues. In 1997 1 was diagnosed 88 of 174 with a rare neurological illness, Primary Lateral Sclerosis (PLS). PLS has impacted by balance, hence the use of a walker; as well as my voice/speech, which is unpredictable. I will not die from PLS and I have been blessed with maintaining. If there ever was a time to be handicapped, it is NOW! My laptop with a voice program, TTY phone service and my cell phone enable me to lead a 'normal' daily life. I have accepted who'I am' and have not let the PLS prevent me leading a normal life. I am a very independent woman and know that I have a 'very special' voice in giving back to the residents of Sebastian. My commitment to being a 'community patriot' has been evidenced wherever I have lived. I was raised 'to give back' to my community and country. 89 of 174 cc anor HOME OF PELICAN ISLAND e APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: r �• s G�S�7 L 5-g HOME PHONE: E-MAIL: Ale T BUSINESS,e, BUSINESS ADDRESS: 1_34�e17fu dGlc' BUSINESS PHONE: 77�.,3y, 703 E-MAIL:�s?• ��r.� �/�-"cam. ARE YOU A RESIDENT OF THE CITY OFSEBASTIAN? /e-_5 HOW LONG?/1/.�.�ilp. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A/O DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES?Np PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) COMMUNITY REDEVELOPMENT FACADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board — meets quarterly) NATURAL RESOURCES BOARD (permanent board— meets once a month) PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)* Fciadylsc�losure TEES (permanentstatutory board- meets quarterly)CRE:ATION ADVISORY CO MITTEE (permanent board —meets once a month) MITTEE�(if.l plicable) 'n, u3 " °' (WRITE IN COMMITTEE NAME) Filing of fiis required following appointment mc, PCC+(",5 �'P P°`nee 90 of 174 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) �X �i''%Cam l2CSGi�G G�T�`G �Gt�G/► HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? /�!� � , —S��'b' 0 r1►�/ry o. vs i ��Ydvl 5�e� �� CY GAG GT/ e" i'0 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: _/ �/7` �1��►S ©� �Gr�r��sr�j�j/ tjGSrd t4_ tee GGA y�vi s or cavo /��✓dam'�r.�� o.! b rc i� G+!� ��i0•r�ll e?.G <<'.r �Ci ate^ /1►�Cc20 -:r- HAVE SHAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE�d HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?,t/a VJOULD YO CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? g�c� I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which 1 have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is ailable if requested C App li n�t7Signatur L e - Subscribed and sworn to before me this i / "L' day of C+-Obr �d � y by who isr n 1 r n w o le r has produced as identificatio R SHELLY M DISTL _ n ' r Notary Public Slate of Florida My Comm. Expires Sep 19.2018 Notary Public, St to of Florida I"f•,, ,,, Commission N FF 137576 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 1wp-formla pplicat.wpd rev. 7/2007 91 of 174 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) X Z�P"lele �2es4..•74:!� HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? �j''e-- e1t., LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 't4. ee�f4t <S�� . r.� Scrd�re'v�Ls/ ��1G" C�AQrli4� /irliC�i/ ,S• HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATEW� HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?//a WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE?Xeo5� I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or com�tttailable if requested Applf nt Signatur Subscribed and sworn to before me this 1 7 day of QC+Qbfr- �� f `� by who is r n II cn w o e r has produced as identificatio ,••�;N.' "' F: �; SHELLY M DISTL Sn Notary Public . State of Florida C( ,: My Comm. Expires Sep 19.2018 Notary Public, St to of Florida Commission M FF 137576 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 1wp-formlappl icat.wpd rev. 7/2007 92 of 174 Michael Frank 962 Tarpon Ave • Sebastian, FL s295s Phone: 7729188414 • Fax: 7729188414 • E -Mail: m.j.frank@att.net Education Juris Doctorate: Taft University School of Law *Academic Waiver, State of California, State BAR for entry into Law School (GPA 4.0 and over 90 credits completed.) Eastern Florida State College (formerly Brevard CC/UCF) Brookdale College, NJ Criminal Justice Ocean County College, NJ Criminal Justice Experience • Maintenance Supervisor, Carlton Vero Beach 2001 -current • Manager, Gold Star Security Agency 1998-2000 • Corporate Investigator/ Loss Prevention, Foodarama Corp, NJ 1992-1994 • Surveillance / Security, Trop World, Atlantic City NJ Affiliations/Memberships 1991-1994 • Precinct Committeeman, Republican Executive Committee, Indian 2011-2012 River County • President (Interim) Vice President, North County Republican Club 2010-2012 Experience Academic: As noted above my educational background is in the area of law and law enforcement. Additionally, while in law school I did well in all courses, but excelled in Contracts and Corporations where there was a heavy tilt toward financial and fiduciary disciplines. As such, I believe because of this formal education and the riggers of required detail exactness of financial issues, I would be able to effectively contribute to this board and its goal of providing true citizen oversight. Work/Professional: For the past 14 years I have had the privilege of working at the Carlton, an ultra luxury gated community on Vero's beachside. My work experience encompasses everything from all maintenance to collaboratively developing our annual budget and its requirements to maintain Carlton as the premier residence on the beach. However, the strength of experience comes from having the ability to work with our resident board that are those who have excelled to the top of their industries and professions. This first hand experience over the past 14 years has given me the template on how 93 of 174 Michael Frank Page 2 effective financial stewardship is to be conducted. This experience is invaluable. It is because of this experience accompanied with formal education that I believe I could make a strong contribution to this advisory board and thereby the City of Sebastian. 94 of 174 Sebastian seeking volunteers for Charter Review Conunittee IJOURNALNTERACTIVE Sebastian seeking volunteers for Charter Review Committee Page 1 of 1 By News Release Posted: Dec. 11, 2010 The city of Sebastian is seeking applicants to fill five at -large positions on the Charter Review Committee. The terms will expire in October. All applicants must be city residents. This board will meet to review the charter of Sebastian and make recommendations to council. It will meet as needed at Council Chambers, 1225 Main St., as needed until October. Applications are available in the City Clerk's Office, City Hall, 1225 Main St., Sebastian, between 8 a.m. and 4:30 p.m.; applications will be accepted until the positions are filled. Find this article at: http://www.tcpalm. com/news/sebastia n-seeking-volunteers-for-cha iter -review -comm ittee-ep-388369821-345537562.html ❑ Check the box to include the list of links referenced in the article. 95 of 174 http://www.printthis.clickability.com/pt/cpt?expire=&title=Sebastian+seeking+volunteers... 11/25/2015 Sebastian City Council to appoint 5 members to Charter Review Committee - VeroNews:... Page 1 of 1 Sebastian City Council to appoint 5 members to Charter Review Committee Posted: Sunday, November 15, 2015 10:24 am SEBASTIAN — Sebastian City Council will appoint five at -large members at their Dec. 16 meeting following the November 2015 election to serve on the Charter Review Committee. Meetings to review the Charter will begin at the end of December 2015 until June 2016 to formally propose Charter changes to City Council at their first meeting in June. The meetings will take place in Council Chambers located at 1225 Main Street, Sebastian. Applications to serve on the Charter Review Committee are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between 8 a.m. and 4:30 p.m. or on-line at www.cityofsebastian.org and will be accepted until Nov. 30, 2015. 96 of 174 http://www.veronews.com/news/sebastian/govenunent/sebastian-city-council-to-appoint-... 11/25/2015 December 2, 2015 CONTACT: JEANETTE WILLIAMS 388-8215 PRESS RELEASE Five At -Large Positions on the Charter Review Committee City Council will appoint five at -large members at their December 16, 2015 meeting to serve on the Charter Review Committee. The Committee will review the City's Charter beginning January 2016 until June 2016 to formally propose changes to City Council at their first meeting in June. The meetings will take place in Council Chambers located at 1225 Main Street, Sebastian. Applications to serve on the Charter Review Committee are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on-line at www.cityofsebastian.org and will be accepted until the positions are filled. 97 of 174 QIYCF S HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: December 16, 2015 AGENDA ITEM TITLE: Planning and Zoning Commission - Fill One Unexpired, Alternate Member Position with a Term to Expire January 1, 2017 - City Clerk's Request RECOMMENDATION: Interview, Unless Waived, Submit Nominations for One Alternate Member Position BACKGROUND: Mr. Robert Hughan and Ms. Victoria Flaherty have submitted applications to serve on the Commission. Both have prior commitments and will not be able to attend the December 16'' meeting but very interested in serving on the Commission. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Amount Budgeted in Current FY: If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: ATTACHMENTS: Application, Ad, List City Manager uthorization: Date: A&c S 98 of 174 crry of SEB'[ HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: � 3 j S ri tgr-e. Yl e(f i rcl c City: S rbw�l A17 State: F L -- Zip: 3 zg6R Telephone: ( Z& ) C&E -R 1'-7 E -Mail Address: _ �%T_Ic� %tele y G;_P r—&—"I Employer: rer'eIn City: Business Telephone: ( ) State: I am interested in serving on the following boards)/committee(s): 15` Choice: �za) h ) lIV C 2nd Choice: Zip: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (permanent) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 99 of 174 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) %. Lo v e Ise s ear.rc--Cn awn d 1-2 e i, e -►-e .� h14-u� "-,e— 5 bCl l I n -/a �) 0 10 fJ ir',es Piv,.e. 4 -kc "C -L G4 -r " Q Why do you want to serve on this board? P( Do you presently serve on another City Board or Committee?—no If yes, please list: Have you previously served on any other City Board or Committee? nn If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand 1 must contact the City Jerk's office equest reappointment prior to expiration or to be considered for another board. I hereby ce . that all a s ents made on this application are true and correct. I understand that any false state ents o ns from this application may be cause for my application not to be considered. pP Signature of Applicant: Date: g Date Received by City Clerk's Office /Z by: 100 of 174 Victoria T. Flaherty, LCSW 1331 Shoreline Circle Sebastian, Florida 32958 vflaherty@gmail.com (207) 468-9171 ELEGANT IMPRESSIONS, INC., d/b/a Jewelry by Victoria Ogunquit, Maine President -2000-2009 • Created hand -made jewelry business with continued financial growth each year. • Handle all facets of operations including, but not limited to: design and implementation of products, sales, marketing, hiring and supervising staff, overseeing accounting, and customer service. • Developed website and newsletter for Jewelry by Victoria.com. TUFTS HEALTH PLAN, Scarborough, Maine Mental Health Case Manager -1999-2000 • Responsible for the development of a comprehensive, quality Mental Health Program for statewide Designated Facilities by: • providing direction, leadership and management of the Mental Health Program. • facilitating ongoing communication between Tufts Health Plan corporate and regional plans, IPAs, Designated Facilities and members. • Responsible for monitoring and assessing mental health and substance abuse services for covered member through on site visits and telephone contact. • Consult with the Psychiatric Reviewers regarding outpatient referral patterns and preferences, and assist in mobilizing appropriate resources quickly (often on an emergency basis). • Ensure regulatory and accreditation standards are met through chart audits, key clinical and process performance measures: • report QA Occurrence to the Designated Facilities and corporate Medical Director for research, interventions and tracking. • Prepare and distribute monthly reports of utilization and quality issues to Designated Facilities and provide supplemental explanations and analysis of data as needed including identification of trends and costs. Network Manager -1998-1999 • Assisted in attaining statewide MCO license through contracting with ancillary provider groups, including mental health providers, chiropractors, physical therapists, speech and occupational therapists. • Involved in resolving contracting, claims and authorization issues for both providers and members. • Attended monthly provider unit meetings and presented financial and utilization data. MCC BEHAVIORAL CARE, Freeport, Maine Plan Administrator -1998 • Acted as liaison between MCC Behavioral Care and Healthsource Maine, Inc. for all mental health and substance abuse services. • Responsible for addressing all behavioral health Bureau of Insurance complaints. • Attended State employee health commission meetings; researched and resolved member/provider concern; • Assisted in ensuring compliance with national accreditation process through clinical and service improvement studies, delegated oversight process, and timely resolution to concerns and complaints. • Supported the Provider Relations Department in expansion of related provider network. • Participated on various committees at both the health plan and MCC: Grievance Committee, Quality Improvement Committee and the Delegated Oversight Committee. SWEETSER CHILDREN'S SERVICES, Saco, Maine Client/Provider Relations Specialist -1996-1997 • Responsible for developing a managed care delivery system by: • resolving/researching diverse issues (including concems/complaints) for staff, insurance companies, MCOs, Medicaid and consumers. • developing processes and workflow for claims resolution, charts audits, referrals/precertification. • educational sessions for clinical and non -clinical staff. • providing technical support to accounting department. • contract negotiations with MCOs; coordinating statewide credentialing process for 15 BHN agencies. 2 101 of 174 Victoria T. Flaherty, LCSW 1331 Shoreline Circle Sebastian, Florida 32958 vflaherty@amail.com (207) 468-9171 GREENSPRING OF MAINE, Portland, Maine Care Manager -1993-1996 • Responsible for monitoring and assessing mental health and substance abuse services for covered members through on site visits and telephone contact. • Authorized and reviewed utilization of mental health and substance abuse services provided in outpatient and intermediate care settings. • Performed initial evaluations, coordinated appropriate referrals and developed brief focused treatment interventions. • Monitored care for quality purposes. JACKSON BROOK INSTITUTE, South Portland, Maine Clinician, Adult Unit -1990-1993 • Formulated psychosocial assessments, developed treatment plans, and coordinated discharge needs. • Provided individual, family, marital and group treatment sessions for assigned patients. YORK COUNTY COUNSELING SERVICES, INC AND UNE HEALTH CENTER Social Work Intern -1988-1990 • Completed internship in adult, adolescent and pediatric outpatient services. MANAGEMENT FOR HOME CARE, INC., Portland, Maine Data Base/Administrative Services Manager -1987-1988 • Performed needs assessment of data systems; designed and developed customized clinical information systems. • Implemented training program for clinical and non -clinical staff on newly created systems. • Attended Board of Director meetings and handled special projects. • Interviewed, hired and managed administrative and data support staff. ARTIC REFRIGERATIONS, INC., Portsmouth, New Hampshire Micro Computer Manager -1984-1987 • Trained staff on systems operations for IBM PCs. • Analyzed/resolved computer problems. • Developed training manuals and designed various financial spreadsheets. • Interviewed, hired and managed staff. CONSULTING: New York City, N.Y.-1981-1984 Pfizer Pharmaceutical- Consultant/Programmer: Trained staff on IBM PC, trouble shot problems, set up spreadsheets. Standard and Poor's- Application Consultant: Rewrote training manuals and provided staff education. Goldman Sachs -Research Assistant/Consultant: Analyzed company data, designed spreadsheets. Cyrus J. Lawrence, Inc. -Research Assistant: Developed reports on Consumer Electronic/PC Industry. BELL LABORATORIES, Piscataway, NJ Information Systems Designer -1980-1981 • Trained staff on PIF and Composition Language. • Troubleshot operations issues. EDUCATION: 1990 Master Social Work, University of New England 1980 BA Degree, Major: Education; Minor: Data Processing 102 of 174 VOLUNTEER BOARD AND COMMITTE This application form is a public record under Chapter 119, Florida Statutes, and is FS 119.07 Exemptions, individuals employed or retired from certain professions i their physical address and phone number remain confidential. Unless requeste redacted. 8e.C2rn.6P, /Com & tx4t �_ tnLLt_;-7 M, Per Section 2-170, all Board and Committee members must be City resident: ordinance or resolution. Board and Committee terms are three years unless otherwise specinea in -me enacang oramance or resolution. You may reapply for succeeding terms upon term expiration. Name: Robert Hughan 244 LaFkspUF St Address: Sebastian, Fla. 32958 City: State: Zip: Telephone: ( -_:�o $ I:1 V) -Ze 4 E -Mail Address: f2 HR j,/ v 126 ALL/ _ SC, ,,' f// Employer: /0LL /9 S25 SEL= j2C &a,41 is City: State: Business Telephone: (30 S) 1 q 2- 1 0 70 I am interested in serving on the following board(s)/committee(s): 1S` Choice: 10 -191,1 /J 1^14 9 7,62A11 nl62 Id Choice: Zip: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) _ PLANNING AND ZONING COMMISSION* ** (peFinan=4 rt L- i`�=�c�� � _ LE POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financlol disclosure is required following appointment **Must be resident one year prior to application. 103 of 174 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) /JL,C S Ls --,- /0 L2' Sy Y1-7 L— Why do you want to serve on this board? _G IMO ✓L? D H L E / /0 ,rn WO 1J L -ZD [. TO d � L`"L � r /`I 6 Do you presently serve on another City Board or Committee? /\/ 0 If yes, please list: Have you previously served on any other City Board or Committee? - /)/ 0 If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http:/Iwww.ethics.state.fl.uslethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, PartIII) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.sov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions frOm this application may be cause for my application not to be considered. r // / Signature of Applicant: /" Z z Date: 11.1-30 / Date Received by City Clerk's Office l 11,30115 by: 104 of 174 Employment Robert H. Hughan Jr. 1244 Larkspur Street, Sebastian, Florida 32958 Professional Land Surveyor, Florida License # 3570 Retired from the Florida Department of Transportation October 31, 2011 CH Perez and Associates (Part time one day a week plus or minus) Surveying & Mapping Marketing Manager/Quality Assurance/Quality Control November 1, 2011 to Present Responsible for developing and executing strategies for marketing survey services to clients throughout Florida. Responsible for Quality Control and Quality Assurance of all surveying efforts. Prepare scope of services for survey services. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV (FT LAUDERDALE) District Surveyor, Febuary2002 to October 31St, 2011 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insure that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, Rule 14-17, Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review consultant services in Right - of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Set and maintain production goals for surveying services. Direct the management of all operating budgets for consultant services in the Right -of - Way Control Surveying & Mapping and Design Surveying. Supervise and manage 16 employees. Responsible for developing in-house budget and Strategic Plan in support of the Districts Work Program for surveying projects. Provide advice to consultant surveyors regarding policies, specifications, and special requirements for Design and Right -of -Way acquisition surveys. Provide expert testimony regarding survey matters within the District. Other duties include meeting with other agencies as well as other FDOT Departments in the coordination of the land surveying activities in the District. Possess knowledge of FDOT's field data collection, office processing software, GIS and EDMS systems. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI (Miami) District Location Surveyor, June 1994 to Febuary2002 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insured that all surveys performed are in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selec4RNf 174 management and review of consultant services in the area of CEI Surveying, Right - of -Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Possess knowledge of FDOT's field data collection, office processing software. Directed and managed all operating budgets for consultant services in the areas of CEI Surveying, Right -of - Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveying. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes and advised consultant surveyors regarding policies, specifications, and special requirements for Design and Right - of -Way acquisition surveys. Assisted the District Land Surveyor in the preparation of budget issues, expert testimony and all other survey matters and met with outside agencies, counties, and other FDOT Departments in the coordination of the land surveying activities in support of the District Design efforts. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI Assistant District Location Surveyor, August 1984 to June 1994 Assisted the District Location Surveyor in the planning and coordination of all survey work in the District and supervised and managed in-house and consultant survey crews. Design Production goals. Assured that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes in the District Design efforts.. Advised consultant surveyors as to policies, specifications, and special requirements for Design and Right -of -Way acquisition survey and assisted the District Location Surveyor in the preparation in the coordinating land surveying activities in the District. MISCELLANEOUS SURVEY AND ENGINEERING FIRMS Party Chief 1968 to August 1984 Responsible for boundary, subdivision, construction layout, quantity and miscellaneous surveys. MIAMI DADE JUNIOR COLLEGE September 1966 to 1968 UNITED STATES COAST GUARD September 1962 to September 1966 106 of 174 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 January 5, 2015 SUBJECT: Professional Surveyor and Mapper License # LS3570 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2017. You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. —Detacn-Here Florida Department of Agriculture and Consumer Services • Board of Professional Surveyors ; and Mappers , LS3570 Professional Surveyor and Mapper ROBERT HOWARD HUGHAN JR , IS LICENSED under the provisions of Ch. 472 FS Expiration date: February 28, 2017 -----------------------------------------' Detach Here ------------------------------------------------------------------------------------------------- Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.: LS3570 Board of Professional Surveyors and Mappers Expiration Date February 28, 2017 2005 Apaiachee Pkway Tallahassee, Florida 32399-6500 •0� va� Professional Surveyor and Mapper License Under the provisions of Chapter 472, Florida Statutes ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST eaz" SEBASTIAN, FL 32958-8846 "'I'07 of 174 AnAM H PInWAM PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS IST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS [MOST RECENT HISTORY FIRST] John McManus Took Paul's expired regular member Term to expire 11/1/2017 1295 Sebastian Lakes Drive position 11/19/14 Sebastian, FL 32958 Bmcmanus20(ftellsouth.net Took Dyer's expired alternate member 589-0013 position 10/09/13 Rick Carter Took Cardinale's expired regular Term to expire 4/1/2017 237 Main Street member position 4/27111 Sebastian, FL 32958 focussys(cDcomcast.net Took Durr's unexpired alt member 9184600 position 2/9111 Reappointed 3/26114 Tahir (Bash) Qizilbash Took Paul's expired regular member Term to expire 5/1/2017 103 Barbara Court position 4/27/11 Sebastian, FL 32958 Reappointed 3126/14 Bash. pesCc?gmail.com 581-0775 Louise Kautenburg Took Durr's unexpired regular member Term to expire 2/1/2017 973 Oswego Avenue position 10/14/15 Sebastian, FL 32958 Louisek1(')iuno.com Reappointed 1/8/14 696-3716 Took Hennessey's unexpired alternate member position 3/14/12 David Reyes Re -appointed 6124/15 Term to expire 6/1/2018 458 Oak Street Sebastian, FL 32958 Re -appointed 6/13/12 Jdr5347 cDatt.net 453-6157 Took Simmons unexpired regular member position 3/1111 Took Neuberger's unexpired alternate member position 7114/10 Joel Roth — Vice Chair Re -appointed 4/24113 1984 E. Lakeview Drive Term to expire 5/1/2016 Sebastian, FL 32958 Re -appointed 5112/10 a oelrothCa.msn.com 589-6894 Took Buchanan's unexpired regular member Position 1/27/10 Ed Dodd — Chair Reappointed 10/23/13 906 Fleming Street Term to expire 11/1/2016 Sebastian, FL 32958 Reappointed 11/17/10 eddodd62 cD—comcast. net 388-5440 Took Allocco's unexpired regular member position 12/12/07 Alternate Took McManus' unexpired alternate Al Alvarez member position 11/19/14 Term to expire 11/1/2016 492 Quarry Lane Sebastian, FL 32958 alalvaren5aol.com 532-8767 Vacant Ms. Kautenburg's unexpired alternate Term to expire 1/1/2017 member positiom School Board Member: Mrs, Dale Simchick Work address: 1990 251h Street, Vero Beach, FL 32960 Revised 10.15.2015 772-584-9901 (School District mobile phone) Email: dale.simchick(aindianriverschools.org No code provision as to staff liaison. Community Development Director serving as staff liaison. 108 of 174 LDC 54-1-2,4 provides Director shall appoint secretary. Recording Secretary Dord Bosworth PRESS RELEASE November 12, 2015 Contact: Jeanette Williams 388-8215 The City of Sebastian is accepting applications for the following position on the Planning & Zoning Commission: Unexpired, Alternate Member Position — Term to expire 1/1/2017 Interested individuals must have resided in Sebastian one year prior to application; and file annual financial disclosure. This is a volunteer position. Applications are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on www.cityofsebastian.org Applications will be accepted until December 9, 2015. 109 of 174 aroOF SEBUNSTT!AN HOME OFPELICANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM - CITY CLERK REQUEST Council Meeting Date: Ordinance No. 0-15-09 — Cemetery Unit 3 Upright Markers Agenda Item Title: First Reading of Ordinance No. 0-15-09 to Allow Upright Markers in Unit 3 of Cemetery Which is Set to Open for Sale Recommendation: Conduct Second Reading and Public Hearing and Approve Background: City Council passed Ordinance No. 0-15-09 on first reading at the November 18, 2015 regular meeting. Adoption of the ordinance will allow for installation of upright markers in Unit 3 of the Sebastian Municipal Cemetery as are allowed in Unit 4 and as are located in parts of Units 1 and 2 of the cemetery. Upright markers seem to be what the general public prefers. If Agenda Item Requires Expenditure of Funds: Total Cost: NIA Attachments: 0-15-09 City Manager Authorization: Date: S 110 of 174 ORDINANCE NO. 0-15-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-18 (a) (3) b. OF CHAPTER 34 OF THE CODE OF ORDINANCES PERTAINING TO THE CITY CEMETERY; PROVIDING FOR ALLOWANCE OF UPRIGHT MARKERS IN UNIT THREE OF THE CEMETERY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian Municipal Cemetery has four platted units, Units 1, 2, 3 and 4, the oldest being Unit 1, the southeast quadrant which, with few exceptions is historical and near capacity; Unit 2, the southeast quadrant, which allows only flush markers, is older and near capacity; Unit 4, the northeast quadrant which is the newest location started in 1986, is nearing capacity; and Unit 3, the northwest quadrant, which is currently platted but vacant and allows only flush markers by Code; and WHEREAS, Unit 1 was in existence before the City was deeded the Cemetery property and already had upright markers, and City Code provided for flush markers for the other units, however, in 1986 when the City began to sell lots in Unit 4, a decision was made to amend the code to allow upright markers in Unit 4 because it is what people were asking for and the Code was amended accordingly; and WHEREAS, as Unit 4 nears capacity, Unit 3 sales will begin, and it is the recommendation of staff to allow upright markers in Unit 3 because that is what most residents prefer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 34-18, of Chapter 34, of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 34-18. - Interment site markers. (3) Size. The following size standards shall apply to site markers. a. Flush markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x 8', 4' x 10', and 4' x 4' and 4' x 5' sites shall not exceed 36" in width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth and shall be a minimum of 6" thick. Bronze markers shall not exceed 24" x 24". b. Above ground markers for standard 4' x 8' and 4' x 10' sites. Above ground markers are permitted in Units 1, 3 and 4 and shall not exceed 36" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining (side by side) standard 4' x 8' and 4" x 10' sites shall not exceed 72" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground markers are not permitted on 4' x 4' or 4' x 5' cremains sites. C. In the event a family owns at least six 4' x 8' or 4' x 10' sites adjacent to one another, the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual markers placed on each site. 111 of 174 Section 2. CONFLICT. All ordinances and resolutions or parts thereof in conflict are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Gillmor Vice Mayor Adams Council Member Coy Council Member Hill Council Member McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2015. CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC — City Clerk (seal) Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 112 of 174 COY OF 5EN i HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 16 December 2015 Agenda Item Title: Golf Course Storage Building Recommendation: Award the contract for construction of the Golf Course Storage Building to Kerns Construction. Authorize the City Manager to execute the construction contract. Background: In January 2014, Council approved contract services with C&S Companies for the design and construction of the Golf Course Storage Building. The project is funded with FDOT, FAA, and local City match. The project was significantly delayed and Council approved, at Staffs recommendation, the termination of the contract with C&S. That contract termination also resulted in additional delays in design and permitting. A public bid for the project was published and closed on 12 November 2015. There were five (5) submissions with Kearns Construction being the low bid at $544,670. Subsequent to the close, Staff negotiated with Kerns due to FPL changes and to insure the inclusion of important required construction items. The result of those negotiations is a change order reducing Kerns contract amount to: $507,986.53. Staff is recommending approval of the construction contract with Kerns for $507,986.53. If Agenda Item Requires Expenditure of Funds: Total Cost: $507,986.53 Amount remaining in project: $706,204 /j Administrative Services Department Review: 1 I Attachments: 1. Kerns Bid Proposal & contract; 12 Nove er 2015 2. Bid Tabulation 3. Kerns Price Form & Change Order City Manager Authorization: Date: 09 December 2015 113 of 174 n. ?low) Kerns Construction & Property Management, Inc. "SEBASTIAN MUNICIPAL AIRPORT STORAGE BUILDING" Bid Due: No Later Than 2:00 P.M. on 3:00 PM on Nov. 12, 2015 Bid Opemintr: Beginning at 2:00 3:00 PMon Nov. 12, 2015 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 180 The contract time is 11& consecutive calendar days from notice to proceed date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. BID ITEMS — GENERAL UANTITY COST I . Mobilization 1 Lump Sum (LS) S 30,000.07 2. Utility coordination/installation 1 LS $ 107,300.00 3. Concrete foundation 1 LS S 141,000.00 4. Site work and roadway 1 IS S 120,170.00 5. Prefabricated Steel Building 1 LS S 136,200.00 6. MOT/Striping 1 LS S 10 000.00 544,670.00 Total Bid Five Hundred Forty Four Thousand, Six Hundred Seventy Dollars & 00/100. or 2701 Industrial Avenue 2, Fort Pierce, Florida 34946 Fum's Address: 772-985-5015 Telephone Number(s): 772-209-7700 Fax N=6cr(s): Daniel L. Muschweck, Vice President Name and Tale of Aud iwd Rgxcscnmwm (Please Type or Print) $igmaturo ot AuMcraedtesoma A-9 kerns02@att.net Ennil Address (cs): 114 of 174 100111 /"°\ Kerns Construction & Property Management, Inc. DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Kems Cosntruction & Property Management, Inc. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. k -M « • A-!0 115 of 174 Kerns Construction & Property Management, Inc. PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, /001� including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. A-11 116 of 174 /"N Kerns Construction & Property Management, Inc. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Kerns Construction & Property Management, Inc. (name of entity submitting sworn statement) whose business address is 2701 Industrial Avenue 2, Ft. Pierce, FL 34946 and (if applicable) its Federal Employer Identification (FEIN) is 300449688 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is Daniel L. Muschweck (please print name of individual signing) and my relationship to the entity named above is Vice President /04*\ 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with I01'1 a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. A-12 117 of 174 Kerns Construction & Property Management, Inc. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) *L Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signa Date: 11— 1 ;2, — ay 157- STATE S STATE OF FLORIDA COUNTY OF zfl. The foregoing instrument was acknowledged ore me this /J" -day o 2015 by I %Q �L AY-- title on behalf of ,�cS aX. (name of partnership), a partnership. sh is personally known to me -)or has produced as identification and did (} id not () take an oath. My Commission -Expires: Commission Nuitber:- - A-13 JULIE J. OUETTLER MY COMMISSION 0 FF923607 EXPIRES Ocftw 31 2019 118 of 174 Kerns Construction & Property Management, Inc. BIDDER QUALIFICATION OUESTIONAIRE (This form is, not required to be included in the bid proposal submittal. However, prior to any Contract Award. such Bidder QtWiiscation QueWo=ire must be completed and submitted by the Biddm and reviewed and approved by the City.) Submitted by Kerns Construction & Property Management, Inc. Name of Bidder General Contractor's License # CGC 059365 An Individual Partnership Corporation Federal Identification # 300449688 Principal Office Address: 2701 Industrial Avenue 2, Fort Pierce, Florida 34946 (1) How many years has your organization been in business as a contractor under your present name? Seven (2) How many years experience in road and utility construction work has your organization had as a contractor? One As a Subcontractor? Seven (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Addressrrel Title AmoturtCgWletion Date Comaletion Date of Owner See Attachment "A" A-14 119 of 174 W Kerns Construction & Property Management, Inc. (4) Have you ever failed to complete any work awarded to you? If so, where and why? No. (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. No. (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. No. (7) Give below any information which would indicate the size and capacity ofyour organization, including number ofemployees, equipment owned by your organization, etc., which are available for utilization on this Contract. Kerns presently has thirteen full time employees (President, Vice President, Project Manager, Office Manager, Superintendents, Carpenters, Concrete Crew, Site Development Crew) (8) What is yourbonding capacity? 3.5 Million Aggregate, 1.5 Million Individual (9) What amount of your bonding capacity has been used as of the date of this bid? 1.6 Million (10) How many applications for performance and payment bonds have you made in the last three (3) years .9 Three (11) How many of these applications were not approved? None A-15 120 of 174 t /4ft\ Kerns Construction & Property Management, Inc. (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) No. (13) Have your company been in disputes or litigations in the last five (S) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount ofdisputes or litigations. (Use additional sheets ifnecessary.) No. I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Daniel L. Muschweck, Vice President OF Kerns Construction & Property Management, Inc. OR PRINT COMPANY 2701 Industrial Avenue 2, Fort Pierce, FL 34946 (TYPE OR PRINT ADDRESS) A-!6 121 of 174 STATE OF FLORIDA) COUNTY OF INDIAN RIVER) CITY OF SEBASTIAN) Bond# 20150113 BH) BOND KNOW ALL MEN BY THESE PRESENTS, that Kerns Construction and Property Mgmnt. Corp. As Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of Twenty Thousand $ 001100 -------- ---__w_—��—...._.__ (Dollars) S 20,0 0.0 , lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid dated , for. Sebastian Munacapal Airport Storage Building. NOW THEREFORE, (a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same and shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and, (b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this _1, st day of October 2015 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. Pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partner ship, one PRINCIPAL: (1) Witness is required. If Corporation, Secretary only will attest & affix seal.) Kerns Construction and Property Mctmnt. Corp. Name of Firm ix Seal (Signature otAuthorized Officer) Charles D. Kerns, President 1217 Delaware Avenue (Business Address) Fort Pierce FL 34950 (City) (State) (Zip) A-!7 122 of 174 SIX SURETY: International Fidelity Insurance Company (Corporate Surety) A Sea (Signature of Authorized Officer) Burton Harris, Attorney -In -Fact 8r Fla. Resident Agent# A111883 (Title) on _ Newark r=enter, 20th Floor (Business Address) Newark NJ 07102-5207 (City) (State) (Zip) Carurity Bond Associates, Inc. (Name of Local Insurance Agency) 10131 SW 40th Street, Miami, FL 33165 (Address) The rate of premium of this bond is NIA per thousand. Total amount of premium charges NIA (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL 1, , certify that I am the Secretary of the Corporation named as Principal in the within bond, that Charles D. Kerns who signed the said bond on behalf of Kerns Construction and Prosy Mgmnt. Corp. the principal, was then President of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said corporation of its governing body. (Corporate Seal) State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; Burton Harris to me well known, who being by me first duly sworn upon oath, says that he is the attorney in fact for the International Fidelity Insurance Company , and that he has been authorized by Contractor named therein favor of the City of Sebastian, Florida. ubscribed and sworn to before me this 21st dayof October 2015, Notary Public 01110/2017 Rig of Florida 17 My Commission Expires oul 6328 A-18 123 of 174 r ti a s` x� K November 2, 2015 ADDENDUM NO.1 City of Sebastian Airport Golf Storage Building Kerns Construction & Property Management, Inc. City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 388-8228 fax: (772) 388-8248 The following will be considered as Addendum No.l to the bid document as responses to questions and comments received. 1. City received 157 comments from four bidders and the responses to these comments are attached. 2. Due to number of comments and the time needed to prepare responses, the submittal due date has been extended to November 12, 2015 at 3 pm. Please sign and return this Addendum No. 1 with the bid package due on November 12, 2015 Signature ate Daniel L. Muschweck, 4ce President Page 1 of 1 125 of 174 an,of Kerns Construction & Property Management, Inc SEBAST_ City of Sebastian 1225 Main Street Sebastian, FL 32958 _ - (772) 388-8228 HOME OF PELICAN ISLAND fax: (772) 388-8248 November 2, 2015 ADDENDUM NO.2 City of Sebastian Airport Golf Storage Building The following will be considered as Addendum No.2 to the bid document as responses to questions and comments received. 1. All bidders shall submit the required forms which include: 1. Completed Bid Form A-9 2. Contractor License Information 3. Drug Fee Workplace Form 4. Public Entity Crime Form 5. Bid Bond Information 6. Signed Construction Service Agreement 7. Bidder Qualification and Questionnaire Form Please sign and return this Addendum No. 2 with the bid package due on November 12, 2015 Nov. 12, 2015 Signature Date Daniel L. Muschweck, Vice President Page 1 of 1 126 of 174 ATTACHMENT "A" ITB 15-11 Sebastian Municipal Golf Course Restroom Remodel Response to Question No. 3 (BldderQualification Questionnaire) Page A14 Project Title Contract Amount Required Completion Date Actual Completion Name Address & Telephone of Owner Date Storage Building Restroom Renovation $9,400.00 May -15 May -15 Mr. Brandon Vallozzi Seminole Tribe of Florida, Inc. 30290 Josie Billie Hwy. PMB 1000 Clewiston, FL. 33440 863-902-3200 x:13317 Ahfachkee Day School Renovations $353,242.00 Sep -14 Sep -14 Mr. Orvel "Gene" Noah Ahfachkee Day School 30290 Josie Billie Highway PMB 1005 Clewiston, FL 33440 863-983-6348 Billie John Sr. Ballfields $1,536,344.00 Dec -14 Dec -14 Mr. Brandon Vallozzi Seminole Tribe of Florida, Inc. 30290 Josie Billie Hwy. PMB 1000 Clewiston, FL 33440 863-902-3200 x:13317 Chase Bank @ Polo Shopes $56,700.00 15 -Mar 15 -Mar Daniel Swinarski Elite Construction, Inc. 1300 SE 17th Street, Suite 217, Fort Lauderdale, FL 33316 954-767-4554 QVC Call Center Rennovation $69,925.00 Sep -14 Sep -14 Mr. Lawrence Valliquette QVC, Inc. 300 NW Peacock Boulevard, Port St. Lucie, FL 34986 772-873-4300 127 of 174 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY I IfrFrjQ1K1r_ Qneon CGCO59365 ThP r;FA1GRA1 r'nnrronrrno Named below IS CERTIFIED Under the provisions of Chapter 489 FS_ Expiration date: AUG 31, 2016 KERNS, CHARLES DOUGLAS KERNS CONSTRUCTION AND PROPERTY MGMNT CORP 8453 EAST SAND POINT DRIVE JACKSONVILLE FL'32244 ISSUED: 08/31/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1408310004917 128 of 174 M 129 of 174 o r' CERT'IFICAT'E OF LIABILITY INSURANCE 112t G15-, Producer: Plymouth Insurance Agency 2739 U.S. Highway 19 N. Holiday, FL 34691 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. ( 727) 938-5562 Insurers Affording Coverage NAIC ?f Insured: South East Personnel Leasing, Inc. 8: Subsidiaries Insurer A Lion In-urance Company 11075 Insurer8 2739 U.S. Highway 19 N. Insurer C Holiday, FL 34691 Insurer D Insurer E Coverages The ool-ces of msumi-co 1, sled te:ew haw boon ssuod to ilia �rsufad named above for To oc.icy conoc mdKa111d Naths*nd:ria any rapueamern term or ccrid4l on of any contra: or other dccurmni xi(11 IaSP•ir.} to'A n!G'i ihi5 a,na!aIC may QI !tisl.'l:d Or :n%ly Ilnnl!n the nsla mce a'tcfclea by 1M! fn:rnns n.�srlrrM rPre!rt !s si CIFtl !e .fll lila ierrs ufGluS'eftri 3r.d cdrr„'!llCns d Suth Pal:ud]. ACGtr_Bate lands ;rrwn fray Iwvu M.•en r•:dcxJ ty paid da•rna INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Er.paaoon Date Limits (MM/DD/YY) (MMlDDrYY) GENERAL LIABILITY Fzcn O=ccurrence Commercial General Liability Claims Made ® Occur Damage !o rentEd premi5as (EA ec „rranrn) I.S!:c1 Fru Personal Adv Injury eneral aggregate limit applies per. Pc,c ® Prcect ® LOC Gar:crai AT^yrEga:E Produce:, - CdrdOo A37 AUTOMOBILE LIABILITY com-rimed sirgle i :m:: (I -A Awad m) Any auto Bodily Injl: y All 04rn,d Autos (Pvr Person) SrlledLL cd Aw.0 B]dcy !np y Hired Amos No' .C'- :acs (P.•r A—danl) P•cp—f Damayo I Pr- AWd—:) EXCESSIUMBRELLA LIABILITY F.xh Oco: Crca Agpre;a:_ Occur® C al—u.l'e Deduci!b"e A Workers Compensation and Employers' Liability WC 71949 01101/2015 0110112016 X I WC Statu- torn Limits OTH- JER E L Each Accident s1. X0. DGo Any Droprietodpartnedexecutive o'Srerlmemtkf EL Disease - Ea Employee sl. oo :to excluded'/ NO E.L Disease - Pal cy Limits ;1 rp.xq II Yes describe under sp!:ual provisions below Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/LocationsNehicleslExclusions added by Endorsement/Special Provisions: Cient ID: 81-67-368 Coverage only applies to active employee(s) of South East Personnel Laasing, Inc. & Subsidlanes that are leased to the fallowing 'Client Company": Kerns Construction and Property Management Corp. Cowrage only appl,es to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s;, while working n: FL. Coverage does net apply to statutory eniployee(s) or Independent ccntracter(s) ct the Client Comuany or any other entity. A']St of the active emp(ayee(s) teased tC the Clent Company Can be obtain d by faxing a request to (727) 937-2138 or by Calling (727) 933'5562. in Date 12110/2012 CERTIFICATE HOLDER CANCELLATION shnuld nny of 1!n: obovn de]Q:bad porolo5 bo con 11.d bafcm the oxrarat on date tnercof, Ilio rswn9 !n::ulrr In II �Irdoal o, !o marl 30 saes —lt— r';lt- In me ceRli-iie neic!er named to Iho tnn, out tlauro to yin -a :.1'.:111 !1rr%1Se no ocll jallon . 'r.ilrrlrly L'1 .Ir'�y/\rid �ri�Ujn/n'(� m5l:fef its :l.I'nls ar n�p(C]Cn'aily«3 129 of 174 ACORIY CERTIFICATE 4F LIABILITY INSURANCE 10A2%20l ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ifeu of such endorsement(s). PRODUCER KRETSCHMER INS AGENCY INC 3109 Oleander Ave Fort Pierce, FL 34982 GUNIALA PHON ac ND (772) 467-6656 ,FAX. c No:(772) 461-8425 aaDl�ssangio@kretschmerinsurance.com INSURERS) AFFORDING COVERAGE NAZCA ASLPG X( I COMMERCIAL GENRwa_ umuLry CLAIMS -MADE a OCCUR INSURER A: STARR 13977 INSURED Kerns Construction and Property INSURER B: ZURICH Management Corp INSURER c: COMMERCE & INDUSTRY INS CO 2701 Industrial Ave 2 Fort Pierce FL 34946 772-343-7824 INSURER D: INSURER E: INSURER F: V V V CRV�V GJ l.tK [ ItR:H 1 t NI1MH/-114• onn CtnAR AO ueoco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --MLI(;Y Lr}2 TYPE OF INSURANCE INSD WVO POLICY NUMBER EFF MM1D0 POLICY EXP MMfDU/VYW LIMITS ASLPG X( I COMMERCIAL GENRwa_ umuLry CLAIMS -MADE a OCCUR GL03393 00 5/28/155/28/16 EACH OCCURRENCE $ 1,000,000 PREMISES Ea ocuvrove S 100,000 MED EXP (Any one person) s 5 000 PERSONAL SADV INJURY s 1,000,000 GEWL AGGREGATE LIMIT APPLIES PER POLICY Q JECT D LOC OTHER GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS ! Ea aecidenINt. S BODILY INJURY (Per person) S BODILY WJURY (Per accident) S Per accident $ $ C X UMBRELLA LIAR EXCESS LIAR $ OGCUR CtA1M5�tADE BE011414801 9/11/159/11/1 EACH OCCURRENCE s 2,000,000 AGGREGATE S 2,000,000 OED RETENTION 5 S WORKERS COMPENSATION AND EMPLOYERS' LMILI TY YIN ANY PROPRIEMRIPART ERAD(ECUME OFFICERIMEM.BER EXCLUDW7 (Mandaton, In NH) H yes describe under DESCRIPTION OF OPERATIONS befew NIA PER STATUTE ER EL EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S E.L DISEASE - POLICY LIMIT s DESCRIPTION OF OPERATIONS / LOCATIONS t VEHICLES (ACORD 101, Additfonal Remarks Schedule, may be attached if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE li THE EXPIRA11ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED 01988-2013 ACORD CORPORATION. All rights reserved ACORD25(2013104) The ACORD name and logo are registered marks of ACORD 130 of 174 i.A.GJA,R .AIS 215 S FEDERAi 1141', 2:;3 SiUAnl, EL 349gal 1 172-731.8076 Certificate of Insurance Certificate Holder Insured __. .... ........ . KERNS CONSTP,UC110N 1601 SJ%j HARBOUR ISLE PORT SAINT LUCI, FL 34986 Polity number: 01928049-2 Undervnrten by PROGRESSIVE EXPRESS It -IS COMPANN :anuary �, 2015 caae i of i Agent I.AGUAR INS IS S FEDERAL HViY 203 STUART. F1 34994 This document certifies that insurance policies identified below: have been issued by the designated insurer to the insured named above foi the periods) indicated. This Certificate is issued for Information purpcses only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these polices. .... . ...... ..... I I ......... I . . .. . Policy Effective Date: Nov 5, 1014 Policy E.rl,iralion Date: Nov 5, 2015 Insurance coverage(s) Limits ...................... BODILY INJURYIPROP[R-Ir DAMAGE 11,000,000 CONIBINED SINGLE LIMIT UNINSURED MOTORIST Y100,000 CSL NON -SI„ CKED PERSOtIAI IhIJURY PR'?TECTION 10,000'rt75O DED . i ANI'[D INSURED ONLY Description of LocationNehicles/Special Items Scheduled autos only 2006 I[EP LIBERPf 1J4GK58K66t+?15320.3 MEDICAL P.AYME-NTS 15.000 COMPREHENSI'A S11,000 DED COLLISION $1,000 DED Certificate number 00615NEE 049 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. 131 of 174 �,� Ef CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU - REPRESENTATIVE OR,PRODUCER, AND THE CERTIFICATE HOLDER. DATE (W.I/DDIYYYY) 41/2015 IN —Ir 111.. II me ceruucato holder is an ADDITIONAL INSURED, tho policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certlflcate holder in lieu of Such endorsement(s). PRODUCER KRETSCHMER INS AGENCY INC 3109 Oleander Ave Fort Pierce, FL 34982 INSURED nerns Construction and Property Management Corp 1601 SW Harbour Isles Cir Port St Lucie, FL 34986 772-343-7824 ac N, F<n (772) 467-6656 j—r No (772} 461-8425 1 A00RESS angie@kretschmerinsurance. com INSURERIS) AFFORDING COV M- GE NAICe INSURER STARR 13977 INSURER a I �NSVHER C INSURER D I�INSURER EE INSURER F -- 1 L.VvtKALiLS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS i LTR TYPE OF INSURANCE INSO IWVD POLICY NUMBER IP-1WDDD1YYYY1 I(ML'DD�Y�W)P i ' IMrfS I x 1 COardERCIAL GENERAL LIAEUT" I I 1 � �I EACH OCCURRENCE S 1- 0-0-0,000 I I CLAIMS MADE :� OCCLR c IU t I - I ' I I I I PREMlScS IEa x,-a;rte.-c.11 . S 100 ,000 I MED EXP!Xny Gh pe —) $ -5,000 A i SLPG GL03393 00 5/28/1515/28/16, PERSONAL SAOVINJURY $ 1,000,0001 GEhI AGGREGATE LIMIT APPLIES PER I N r— PRO- GENERAL AGGREGATE Is 2 , -0-00-,-0-0 0 POLICY POLI_� JEC7 LOC j I I PRODUCTS - CON!P;OPaGG I S 2,000,000 0 -PER I I S AUTOMOBILE LIABILITY I U INc s blNc LI u i t-- I .Ea ace^n ANYAUTO I I ALL OWNED I SC.K=UULED 8001LY INJURY !pr,•r DcrsOn) I $ DESCRIPTION OF OPERATIONS / LOCATIONS, YEK:CLF.S (ACORD 101• Rernams Sone=e. may ns x;arrwd ,f mcro ,Dap; IS r•Jyvred) HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE i THe EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE C 1988-2013 ACORD CORPORATION. All rights reserved. ACORD25(2013/04) The ACORD name and logo are registered marks of ACORD 132 of 174 AUTOS i AUTOSj 180DILY INJURY (Pet aeadentl- S _I HIRED AUTOS AUTOSVED j � Y =AGE S iPc�acaderY.) __ L'L13RELL:. LIAO I OCCUR I EXCESS LI'1B i I CLAIMS-MADEI EACH OCCURRENCE S _ L_.. I I:.CGIiL-GAiE 5 DED j I RETENTICFIS I -- ORKE RS COMPENSATION I 'AM 3 EMPLOYERS' LIABILITY Y'n I Sif.PJT_ I ERr� _ CP7?ACa'JM aP EX--LUCECI c•J :•.n , ��R>�`LTCP ExCLUO�'+ �i y�• I E. EACH ACCIDENT S Ils..Mwy in N40 —I Iry" �QL:rIDL•u'Ce' I I E L DISEASE - ZA EMPLOYE $ DESCRIPTION OF O-ERATIONS te;aw I I I I E L DISEASE . POI ICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS, YEK:CLF.S (ACORD 101• Rernams Sone=e. may ns x;arrwd ,f mcro ,Dap; IS r•Jyvred) HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE i THe EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE C 1988-2013 ACORD CORPORATION. All rights reserved. ACORD25(2013/04) The ACORD name and logo are registered marks of ACORD 132 of 174 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this _ day of , 2015, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and ("City") and Kerns Construction, 2701 Industrial Avenue 2, Ft. Pierce, FL 34946 ("Contractor.") authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, the Contractor represents that it has such competence and experience in providing a Design Build Golf Course Irrigation services; and, WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and, WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement to provide construction of prefabricated steel storage building at the Sebastian Municipal Airport. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Work Scope Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of A-24 133 of 174 specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2A CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM Ow. bid documents) tdml� A modification of the plans or other contract documents issued by the City and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. A -2S 134 of 174 3.4 AGREEMENT 110"N A written agreement between Contractor and the City of Sebastian defining in detail the work to be performed for this contract. The words Agreement and Contract are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bidder is to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. ,,vtt� 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or to cover adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM Addendum is a special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 DIRECTED. ORDERED. APPROVED & ETC. Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted", "acceptable", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of A-26 135 of 1742 the City is intended unless otherwise stated. /0011\3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the City Engineer and Engineer -of -Record. The City may designate a staff member as Engineer who is not licensed. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 INSPECTOR A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY Any licensed and qualified independent laboratory designated by or acceptable to the City to perform necessary testing of materials for this construction project must be qualified by the City_ All testing will be the responsibility of the contractor to hire a licensed testing firm to conduct any testing which is included in the price of various bid items. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor is to submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, no performance or payment bonds for this project. 3.19 PLANS The contractor will field visit the site with City approval to access into the air field to determine the dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed The proposal or bid shall be considered as part of the contract documents and the work scope specifications shall be use to define the scope of the contract. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Work Scope Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. A-27 136 of 17-;� 3.22 SPECIFICATIONS /"°N The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership, consultant or corporation supplying labor, design services, equipment or materials under a direct contract with the prime contractor for work on the project. Since this is a Contract, the prime contractor will need to team with or provide in-house design services of the new irrigation system identified in the work scope specifications. Included is the one who supplies materials fabricated or formulated to a special design according to the work scope specifications. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the (08kN contracted work and for the payment of all debts pertaining thereto. 3.26 WORK (The) or PROJECT. (The) /"`N The public improvement contemplated in the workscope specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. A.28 137 of 1741 ARTICLE II - Performance ,An"N 4.0 PLANS, SPECIFICATIONS AND RELATED DATA folkN 4.1 INTENT OF THE SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans, the Specifications and site conditions, or any errors or omissions in the Plans and Specifications, shall be immediately reported to the Engineer and City. The City Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the City Engineer. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for in the Plans and Specifications. All work indicated on the Plans and not mentioned on the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the plans or mentioned in the Specifications, shall be fiunished and executed the same as if they were called for in loth the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and technical provisions of the Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 SPECIFICATIONS AT JOB SITE One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, 100'N along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. A-29 138 of 17:' 4.5 DIMENSIONS Dimensions and project limits will be field measured in advance of the project with city staff. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 SHOP DRAWINGS The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 OUALiTY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable. The Contractor shall furnish to the City a complete list of /40°1 his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. A -3A 139 of 174 kw The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment arejudged to be unacceptable and shall famish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 EQUIPMENT APPROVAL DATA The Contractor shall fitmish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from the Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF E UIPMENT AND/OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly, and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the /Mm"N specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. A-3! 140 of 174 No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of /0111 equal or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove /Opft,N them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. A-32 141 of 174 5.4 MANUFACTURER`S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 SKILL AND CHARACTER OF WORKERS All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its employees and any subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, Iandscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City fords that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the /00,1 restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. A-33 142 of 174 -1 D 5.9 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL. EQUIPMENT AND RECORD REOUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions in the Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the Project. 6.5 SPECIFIC STAKING REOUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades. A-34 143 of 174 For construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades. /lo"I\ 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY MUNICIPAL AIRPORT FOR ACCESS The Contractor will coordinate with the Airport Stasi regarding access into the construction site which is a secure area of the Sebastian Municipal Airport. The City will require prior verification of the contractor or subcontractors employees to work on site. The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City Engineer as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City Engineer. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be home by the Contractor and included in the bid price. /o*\ The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractors best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. /041N Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. A-35 144 of 174 �/n Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, to"\ state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is�INdconsecutive calendar days from start of work date. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten /OWN (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and expeditious progress of work. The City shall hold a pre -construction conference at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed 7.6 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail A-36 145 of 174 boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING UTIIflES AND FACILITIES All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3. The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day`' requests must be submitted at the end of each work week or be waived, and the cumulative "rain /006\ day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an A-37 146 of 174.,`Jd 'Y extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liauldated damases in the amount of one hundred dollars ($100) per day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work /MIN completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers- by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and /"'Mb1 Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. A-38 147 of 174 B. Safety of Persons and Property 'Owb\ The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby, all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 8.2 TRAFFIC CONTROL (NOT REQUIRED) All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF i°1\ TRAFFIC, in the Florida Dept. of Transportation (FD07) Std. The State ofFlorida Manual of Traffic Control and Safe PracticesforStreet and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 8.3 ROAD CLOSURE AND DETOURS (NOT REOUMED) Local traffic shall be maintained within the limits of the Project for the duration of the construction period Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the /001� construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. R-39 148 of 174 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of ocal authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on epll\ weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be /0911\ removed A-40 149 of 174 8. 10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water /0011\ and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. A-41 150 of 174 /00*\ ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the City Engineer. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the City Engineer for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor or Subcontractors. 9.5 FIELD TESTS AND PRELUVE NARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for /dMN testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. A-42 151 of 174 Gw 9.6 EXAkMATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy the City may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. A-43 Ig 152 of 174 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor to the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. >� 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT SATURDAY AND/OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. A-44 153 of 174 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COUTLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall famish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice 140"IN. or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. A-45 154 of 174 An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in /"'N accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: eo*1 (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 CrMS ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CrI Y'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling /00*� the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. .4-46 155 of 17� 10.5 DEDUCTION FOR UNCORRECTED WORK /Om � Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Chanee Orders /"`\ If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. B. claws /0"ON Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for A-47 156 of 174 00 work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation or time before work begins on which the claim is based If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for /,O*N keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation or time. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. /0"11\ B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be A-48 157 of 174 compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. l°Q) 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIMMAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REOU "M ENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City /IMN shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. A-49 158 of 1 t-� 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects such person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee ofa member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member ofCongress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form- 'Disclosure Form to Report Lobbying" in accordance with its instructions. 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTrTY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted ofa public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORKPLACE The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC P"'\ §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and A -so 159 of 17 Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age /� Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liabiliri - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until Contractor has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD). Contractor shall secure a building permit if required by the City's Building Official. A-51 160 of 174 10" 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME IS OF THE ESSENCE It is agreed and understood that time is of the essence importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of 161 of 174VA the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any /001C power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 12.7 PUBLIC RECORDS FORM Contractor Name: 1 Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Date: Print Title: Company/Firm: IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year fust above written. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio MMC (SEAL) By Name: Joseph Griffin Title: City Manager A-! 162 2174 Approved as to Form and Content for Reliance by the City of Sebastian Only Robert A. Ginsburg, City Attorney Signed, sealed and delivered in the presence of: U.TUTV-j NAME: CONTRACTOR Lm Name: Title: A-2 163 of 1790 4 164 of 174 Airport/Golf Storage Building November 12, 2015 @ 3:00 P.M. Contractor - Kerns Construction Cost 1. Mobilization $30,000 2. Utility coordinationhnstaliation $107,300 3. Concrete foundation $141,000 4. Site work and roadway $120,170 5. Prefabricated Steel Building $136,200 6. MOT/Striping $10,000 Total $544,670 Contractor -Welsh Companies Cost 1. Mobilization $67,371 2. Utility coordination/installation $88,681 3. Concrete foundation $103,891 4. Site work and roadway $115,896 5. Prefabricated Steel Building $272,275 6. MOT/Striping $1,622 Total $649,736 Cost Contractor - Celentano 1. Mobilization $15,000 2. Utility coordination/installation $85,000 3. Concrete foundation $90,000 4. Site work and roadway $105,000 5. Prefabricated Steel Building $297,500 6. MOT/Striping $2,000 Total $594,500 Cost Contractor - Ahrens 1. Mobilization $22,962 2. Utility coordination/installation $87,272 3. Concrete foundation $113,910 4. Site work and roadway $101,975 5. Prefabricated Steel Building $230,701 6. MOT/Striping $4,132 Total $560,952 Cost Contractor - OAC 1. Mobilization $37,866 2. Utility coordination/installation $135,615 3. Concrete foundation $121,026 4. Site work and roadway $199,548 5. Prefabricated Steel Building $371,350 6. MOT/Striping $9,500 Total $874,905 164 of 174 W ?001\ Kerns Construction & Property Management, Inc. "SEBASTIAN MUNICIPAL AIRPORT STORAGE BUILDING" Bid Due: No Later Than 2:00 P.M. on OctuhP_ 5 j_�, �. 3:00 PM on Nov. 12, 2015 Bid Opening: Beginning at 2:00 P- _ .pn ^. g -b-- + ial 3:00 PMon Nov. 12, 2015 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 180 The contract time is I consecutive calendar days from notice to proceed date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. BID ITEMS — GENERAL QU §T I. Mobilization 1 Lump Sum (LS) 2. Utility coordination/installation 1 LS S 70,616.53 3. Concrete foundation 1 LS $ 141,000.00 4. Site work and roadway I LS $ 120.170.00 5. Prefabricated Steel Building 1 LS $ 136,200.00 6. MOT/Striping 1 LS $ 10 000.00 Total Bid 7,986.53 Five Hundred Seven Thousand, Nine Hundred Eighty Six Dollars & 53/100. Nano of Firm (Please Type or Print): Kerns Construction & Property Management, Inc. 2701 Industrial Avenue 2, Fort Pierce, Florida 34946 Firm's Address: 772-985-5015 Telephora: Number(s): 772-209-7700 Fax Number(s): Daniel L. Muschrveck, Vice President Name and Tide of Authorized Rept+esenm&e (Please Type or Print) Signature o ut tesenta e ', a ign" d A-9 kern s02Ct�att.net Email Address (es): 165 of 174 Airport Storage Building 202 Airport Drive Sebastian, Florida 32958 Joh Make Sebastian Airport Storage Building CHANGE ORDER PROPOSAL Delete All Cost related to FP&L Service (Per City Request) Add — Installation of FP&L Supplied Conduit via Direct Bury (+ 600 Linear Feet of Conduit) Date: 11/24/2015 Proposal # 1511-CORI Mr. Frank Watanabe, P.E. City of Sebastian 1225 Main Street Sebastian, FL 32958 S (411,'83.4%i S (41,283.47) $ 4,600.00 $ 4,600.00 Total $ (36,683.47) Clients acceptance of this proposal shall be indicated by the following signature: Accepted by: Date of Approval• Printed N 2701 Industrial Avenue 2, Ft. Pierce, F`L 34946 Office: 772-985-5015 Fax: 772-209-7700 State Certified General Contractor - CGC 059365 166 of 174 f Sebastian Storaae wilding - Important Bid Items Required Description Sub I Supplier Cost Storage Building Foundation Design 3,900 Chemical Canopy Foundation Design 1,900 Special Inspector for Storage Building 1,500 Special Inspector for Chemical Building 750 Builders Risk Insurance Policy 1,550 Bond Costs Building Permit Fees 4,500 Concrete and Compaction Testing Survey Work for all construction Items 10,250 Construction Entrance for debris control Type D Inlet w/ 4" Oil Spill Valve 14,800 4" Indicator Valve for Chemical/Storm Mode 1,750 Drains w/sumps at Fuel and Chemical Pads 2,350 Oil/Water Separator 3,750 Fire Hydrant Line Complete w/ Road Cut 33,000 Bahia Sod (New & Replacement)' 15,000 Storage Building Foundation Complete 56,000 Chemical Building Foundation complete 7,200 (30) Pipe Bollards Paint Exterior Steel - Storage Building 4,900 Paint Exterior Steel - Chemical Building 4,750 Metal Building Supplier - Storage Building 38,000 Metal Building Erection - Storage Building 23,000 Metal Building Supplier - Chemical Building 13,500 Metal Building Erection -- Chemical Building 3,500 Complete Electrical Price for Base Work 64,865 FPI. Primary Work per Sheet C106 55,000 (Includes Directional Boring as shown) Lightning Protection System 5,500 Power for Chemical Canopy per Addendum 1,000 167 of 174 11URe x �za Z -, 9 Q m �aF 2274 w U_�; m Lt ca C> aW LL m 0 N 168 of 174 f arPl I SI + yrs r I tom_ ' ,, - � -�S� '�--'�-•� � / 11URe x �za Z -, 9 Q m �aF 2274 w U_�; m Lt ca C> aW LL m 0 N 168 of 174 f arPl I SI yrs r I 11URe x �za Z -, 9 Q m �aF 2274 w U_�; m Lt ca C> aW LL m 0 N 168 of 174 ana SE nAN HOME OFPEUCAWISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 16 December 2015 Agenda Item Title: Voluntary Early Retirement Program Recommendation: Approve Employee Voluntary Early Retirement Program Background: At the 18 November 2015 meeting, Council approved, in principal, an Employee Voluntary Early Retirement Program. As in previous years when the program has been offered, the main driver is a forward looking analysis of budget issues in `out' years. The emphasis is placed on budget savings beginning in the `next' fiscal year, rather than the current fiscal year. Management has identified twenty-seven (27) employees who fall within the qualification of 15 years, or more, of continuous City service and 50 years of age, or older, as of 01 January 2016. Eleven (11) employees indicated they wish to apply for the program. Attachment 1 indicates the cost to implement the program in the first year. The second year, and subsequent years, anticipated savings are significant enough to recommend approval of the program. Except for three (3) individuals, all departures will be effective on 01 January 2016. If the program is approved by Council, individual Voluntary Early Retirement Agreements will be executed by the individual employees and the City Manager as soon as possible. Attachment 2 is a representative agreement. If Agenda Item Requires Expenditure of Funds: Total Cost current FY: $237,085.26 Amount Budgeted in Current FY: -0- Amount to be appropriated in FY15/16: $237,085.26 Fund to Be Utilized for Appropriation: General Fund Reserves Administrative Services Department/CFO Review: Attachments: 1. Early Retirement Financials. 2. VER Agreement and Release (Draft) City Manager Authorization: Date: 09 December 2015 169 of 174 GENERAL FUND SALARY SAVINGS FY 16 $309,970.58 INSURANCE SAVINGS (4 POSITIONS) $19,700.00 SICK/VACATION PAYOUT ($237,122.59) BUY OUT @ $1,000 PER YEAR ($277,108.77) 9 MONTHS INSURANCE ($52,524.48) TOTAL COSTS ($566,755.84) FIRST YEAR NET COST ($237,085.26) SECOND YEAR SALARY SAVINGS $461,341.89 INSURANCE SAVINGS (4 positions) $34,260.00 INSURANCE COST -$94,215.00 SECOND YEAR SAVINGS $401,386.89 Accounting Services Mgr - Promote Accountant - (2) part-time positions to full time Senior Planner - Replace with planner Administrative Asst - Replace with Admin Asst Step 1 Clerical II Police Dept - Not replaced Administrative Supervisor - Replace with clerical II Sign & Traffic Technician - Replace with Maint II Maintenance Worker II Parks - Replace with Maint II Maintenance Worker I Cemetery - Not replaced Maintenance Worker I Roads - Not replaced Maintenance Worker I Parks - Not replaced Parks Superintendant - Replace with Maint III 170 of 174 DRAFT HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 jgriffin@cityofsebastian.org — www.cityofsebastian.org VOLUNTARY EARLY RETIREMENT AGREEMENT AND GENERAL RELEASE This Voluntary Early Retirement Agreement ("Agreement") is entered into between ("Employee") and The City of Sebastian ("City"), and is effective on WHEREAS, the Employee desires to accept the Voluntary Early Retirement Package and the City has agreed to accept the Employee's resignation from the City; and, WHEREAS, the City Council for City has authorized the City Manager to execute, deliver and perform its obligations under this Agreement. NOW, THEREFORE, IT IS AGREED between the Employee and the City as follows: The Employee will retire from the City on (Retirement Date). The Employee and the City agree that the Employee's separation from employment is voluntary and shall be treated as a resignation. 2. The City shall pay Employee $1,000.00 for each year of full-time continuous City employment and prorated for a partial year totaling $ payable on the Retirement Date. Such payment shall be subject to withholding for applicable taxes and such other deductions as may be required by law. 3. Sick, Vacation and Compensatory Time. The City shall pay Employee for all accrued Sick, Vacation and Compensatory time as specified in the appropriate Collective Bargaining Agreements or Management Benefit Package. 4. Continuing Participation in Benefit Plans. a. The City shall agree to provide Health Benefits, i.e., Medical/Drug, Dental, and Vision, to Employee on the same terms and conditions as are offered to full-time City employees for a period of Thirty-six (36) months from date of Retirement. 171 of 174 Voluntary Early Retirement Agreement DRAFT December 17, 2015 b. The City shall agree to provide Life Insurance to Employee on the same terms and conditions as are offered to full-time City employees for a period of Thirty-six (36) months from date of Retirement. c. Employee may purchase, at Employee's expense, dependent medical coverage and additional/elective Life Insurance. Employee will pay based on the annual open enrollment rate. Open enrollment takes place annually in August or September. The Employee will follow all regulations regarding any changes to benefits, i.e. must comply with life change events. Employee will not receive any monthly dollar benefit if Employee elects to opt out of medical benefits. Employee will pay the City before the 20`h day of each month. In the event a payment is not received at that time coverage will be cancelled. 5. General Release. Employee acknowledges and agrees that he/she has carefully read this Agreement and Release and understands that, except as expressly reserved herein, it is a release of all claims, known and unknown, past or present including all claims under the Age Discrimination in Employment Act. She/he further agrees that he/she has entered into this Agreement and Release for the above stated consideration. She/he warrants that he/she is fully competent to execute this Agreement and Release without coercion or intimidation, after having had a reasonable period of time to review, study and deliberate regarding its meaning and binding effect. Employee acknowledges that he/she has not relied upon any oral or written instrument except as expressly provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement and Release to be executed. Employee: Printed Name Signature Date For the City of Sebastian: Joe Griffin, City Manager /Signature Date I. . �i t ,a..`. . �, 1~ 172 of 174 (UVCF SEBASTIAN HOME OF PELICAN ISLAND Council Meeting Date: Agenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL FORM 16 December 2015 Septic to Sewer — Discussion only Consider City and County Septic/Sewer issues. Background: Mayor Gillmor has requested a discussion item added to the Council agenda for 16 December 2015 regarding the Septic to Sewer program in Sebastian. The Attachment indicates the level of City participation and funds expended. Administrative Services Dep artment/CFO Review: Attachments: CRA Wastewater Hook -Up Program City Manager Authorization: Date: 09 December 2015 173 of 174 C00 000 0 0 ami y -- O O C O O O •--� O ON to to kn v) O to .0q •� "� C) O� q q q � w� A o00 000 0 0 .�� q 6 O N S to kn O Ln � 00 a "d d ke ) In to kn kn In O V�1 V�j N 4 N A 3 NMM kA 1,6 r 0 0 o C 0 C) 0 0 Q Q Q o� v171 0- zD l� M M O�o O O% 't M r- 00 0 q w U y w w 0 a q v " a D O O q b U) O O �. D aVRn tx ° N a• u -czcz N zQ H N col) COO -- I N i M i �/ 1 i •- 33 3 ll�IAIA kA