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HomeMy WebLinkAbout07-26-2017 CC Agenda Packet w CRAOn Cf SEBAS-TLNN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL & COMMUNITY REDEVELOPMENT AGENCY MEETING AGENDA WEDNESDAY, JULY 26, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 — Rabbi Michael Birnholz, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certirrcates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.126 A. Presentation: Anuj Chokshi, Florida Power & Light Company Solar Projects Manager Brief Announcements SkyDive Sebastian event all weekend long July 28-30 with a special appearance of Bell 412 Huey Helicopter 7. Recess Citv Council Meeting and Convene as Community Redevelopment Aqencv A. Call to Order pg 5 B. Approval of Minutes — May 24, 2017 CRA Meeting C. Septic to Sewer Grant Proaram pgs 6-7 i. Consider Amending Program (Transmittal, IRC Notice of Assessment) pgs 8-19 ii. Approve Grant Award to 1400 U.S. Highway 1 - Harry B's Golf Carts (Transmittal, Application, Deed, Receipt, Plan) D. Facade Sian & Landscape Grant Proaram pgs 20-34 i. Approve Grant Award to 1655 U.S. Highway 1 - Best Western Hotel (Transmittal, Summary, Application) E. Adjourn 8. Adjourn Community Redevelopment Aqencv Meetina and Reconvene as Citv Council 1 of 124 9. 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 hislher hand to be recognized. pgs 35-41 A. Approval of Minutes — July 12, 2017 Regular City Council Meeting 17.127 B. Approve the Purchase of One Sign for the Sebastian River Area Chamber of pgs 42-44 Commerce from Curt Oxford Graphic Arts & Design, Inc. in the Amount of $10,898.87 (Transmittal, Proposal) 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. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 14. NEW BUSINESS 17.128 A. First Readina Ordinance No. 0-17-03 Police Pension — Schedule Second Reading pgs 45-60 and Public Hearing for August 23, 2017 (Transmittal, 0-17-03. Analvsis, Schedule) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS; AMENDING SECTION 58-48, BOARD OF TRUSTEES; AMENDING SECTION 58-50, CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-55, OPTIONAL FORMS OF BENEFITS; ADDING SECTION 58-58.70.1, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 58-70.2, PRIOR POLICE SERVICE; ADDING SECTION 58-70.3, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 58-70.4, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 17.031 B. Resolution No. R-17-21 -- FDOT JPA to Renovate the Sebastian Municipal pgs 61-92 Airport/Golf Course Restaurant Buildina (Transmittal. JPA. R-17-21) 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 FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING ASSISTANCE TO RENOVATE THE SEBASTIAN MUNICIPAL AIRPORT/GOLF COURSE RESTAURANT BUILDING, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 17.129 C. Resolution No. R-17-22 — FDOT JPA to Enaineer and Construct Shade Hanaars pgs 93-124 at the Sebastian Municipal Airoort {Transmittal. R-17-22, JPA) 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 FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING TO ENGINEER AND CONSTRUCT SHADE HANGARS AT THE SEBASTIAN MUNICIPAL AIRPORT, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 2 of 124 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mayor McPartlan B. Vice Mayor Coy C. Council Member Dodd D. Council Member Hill E. Council Member Kinchen 19. ADJOURN (All meetings shall adjoum at 9:30 p.m. unless extended for up to one half hourby 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. 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 Meetina Dates: August 9, 2017 Regular City Council Meeting August 23, 2017 Regular City Council Meeting September 13, 2017 Regular City Council Meeting Monday - September 18, 2017 Special Meeting — 1st Public Hearing on Millage & Budget September 27, 2017 CRA & Regular City Council Meeting — Final Public Heating on Millage & Budget 3 of 124 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular City Council Meetinqs 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 Meetinqs. 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 Headinq 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 of 124 Regular City Council & CRA Meeting May 24, 2017 Page Three Brief Announcements - May 29 -Memorial Day Ceremony in Riverview Park 11:00 a,m. Mayor McPartlan announced the Memorial Day ceremony to be held Monday, May 29. 7. Recess Citv Council Meeting and Convene as Communitv Redevelopment Agency A. Chairman McPartlan called the CRA meeting to order at 6:42 p.m. S. Approval of Minutes — April 26, 2017 CRA Meetinq MOTION by Mr. Dodd and SECOND by Chairman McPartlan to approve the April 26, 2017 CRA meeting minutes. ROLL CALL: Vice Chairperson Coy —Aye Mr. Dodd — Aye Mr. Hill —absent Ms. Kinchen —Aye Chairman McPartlan —Aye Motion carried 4-0. 17.002 C. Information and Discussion of Invitation to Aoply for Seatic to Sewer Grant (Transmittal. Letter. Insert, Summarv) The City Manager said he sent letters to 144 eligible property owners with the insert copied on page 34; Council would be considering three applications tonight with a few more coming to a future meeting. The Community Development Manager said the City has received very good response to the grant announcement. To raise funding for additional awards, the City Manager said the City's strategy is to apply to the Indian River Lagoon Council for another grant to help additional property owners. D. Award Septic to Sewer Grants (Transmittal) i. 948 U.S. Highway #1 —Dr. Jeffrey Slade ii. 1753 N. Indian River Drive —Mark Titone iii. 705 Cleveland Street —Thomas Haynes MOTION by Vice Chairperson Coy and SECOND by Mr. Dodd to approve all three applicants for the septic to sewer grants. ROLL CALL: Mr. Dodd — Aye Mr. Hill —absent Ms. Kinchen — Aye Chairman McPartlan —Aye Vice Chairperson Coy — Aye Motion carried 4-0. E. Chairman McPartlan adjourned the CRA meeting at 6:46 p.m. and reconvened the City Council meeting. 8. Adiourn Communitv Redevelonment Aqencv Meetina and Reconvene as Citv Council 5 of 124 «-� SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY AGENDA TRANSMITTAL CRA Meetiniz Date: 26 July 2017 Asenda Item Title: Septic -to -Sewer Grant Program Recommendation: Approve proposed amendments BackLyround: Recently, benefitting property owners of the Indian River County (IRC) North Sebastian Sewer Project received preliminary assessment letters from the IRC Department of Utility Services. City Staff was approached by some affected property owners, who are also located within the CRA and thus eligible for the City's Septic -to -Sewer (SSP) grant, to determine if SSP award monies could be used toward assessment costs. (SSP grant funds currently can apply towards ERU's, deposits, and new service fees). Although IRC will collect the assessment cost whether a property owner connects or not, it would be an added incentive for the owner to actually hook into the system if the assessment was now `covered' by the City's SSP grant. An estimated total for a benefitting property to connect to the new sewer line would be their assessment cost plus the ERU fees, or approximately $8,000 - in addition to connection charges and demolition costs of the septic tank. Benefitting properties that are vacant are currently not eligible for the SSP grant. In consideration that the sewer project will begin construction shortly, but will not be functional for 12 to 18 months, there was concern by some property owners that the SSP grant program may be depleted of available funds by the time they could actually connect. A suggestion has been made to allow those eligible, benefitting property owners, to apply for the grant presently, with a condition of submitting "earnest money" along with their application as a solid indication of intent to connect. The earnest money would be held in escrow by the City and returned in full, along with the grant reimbursement funds, at such time when the new sewer system is working and connection has been completed. Staff recommended amendments to the SSP application are: 1. SSP grant funds can be used toward assessment costs and other IRC related charges. 2. SSP grants awarded for future connection can be reserved with a $2,000 escrow deposit. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: 1C-� Attachment: North Sebastian Sewer Project assessment letter J City Manager Authorization: Date: 20 July 2017 6 of 124 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES June 16, 2017 Parcel #: Owner Name: Site Address: Mailing Address: 707 JACKSON ST SEBASTIAN, FL 32958 Map ID # - 331nteractive Map URL: ^ [ :s ,00.ol/BG59Hk RE: PRELIMINARY ASSESSMENT —NORTH SEBASTIAN SEPTIC TO SEWER -PHASE I The Board of County Commissioners of Indian River County will hold a PUBLIC HEARING on Tuesday, July 18, 2017, at 9:05 am in the County Commission Chambers located at 1801 27h Street, Vero Beach, Florida. This meeting is to hear from benefitting property owners of the sewer project and adoption of an assessment roll. If the project is approved, your property will be assessed its fair share cost of the project- The fair share cost is based on a Hydraulic Fair Share (HFS)/ERU allocation. An HFS/ERU is the amount of water used or wastewater produced by a typical residential unit, which water use ranges from zero to three hundred (300) gallons per day on a maximum day basis or zero to two hundred fifty (250) gallons per day on a maximum month basis- For example, a single family home is assigned one (1) ERU and commercial/non-residential units are assigned ERU's based on County Code 201.07. The potential ccnsumption calculations were based on the underlying future land use designation, zoning, current Effs on existing parcelswith county water, and the size of each `parent" parcel. This assessment will reside with the property as a lien until such time as it is paid in full inclusive of any interest on t`:e original assessed amount. The proposed assessment that benefits your proper Ilunit is 54,989.12 which represeints an 1-i: S/ERU share of the t=l cost of $1,137,519. Please note tiTat the total construction cost is $2,977,931.58 of which the bene�ir'9grrperty Owner's pertion is only 38% or $1,137,519- t; the project s ap.Froved, the assessed ce�� can be spread over tern (10) years at a special arcual interest rate of 2.0C4b (set by the BCC). If a customer derides to con ec, to the sewer service they Would also incur the fo5owins fens. Sewer Impact Fee Per Code 201.09 i Sewer Deposit New Service Fee if not an existing utility customer fln addition to assessment fees 1 — j ERU @ $2,795-00 Each 1 Deposit @ $50.00 per ERU 1 New Service Fee @ $25.00 I $2,796-00 $50.OQ $25.00 Total $2,871.00* The sewer impact fee can be spread out over a 5 -year period at an interest rate of 2.00% per year. Details of all related costs as well as a hypothetical monthly bill are depicted on the attached spreadsheets. The County will not require payment of the assessment fees or impact fees until the project has been completed r Resolrrtipn #- At that time, details on payment plans will be provided. A"I inlorrnal INFORMATIONAL MEETING will be heid on T -_ y, July 11, 2017 Sebastian, Florida 32958 at 6:CC p.m. All interested property owners are encouraged to attend. Should you have any questions, please contact the Utilities Department at (772) 226-1821 Sincerely, r �t Arjuna Weragoda, P.E. Capital Projects Manager 7 of 124 CROP 5E��►�T, �Al�l HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY AGENDA TRANSMITTAL CRA MEETING DATE: 26 July 2017 AGENDA ITEM TITLE: Septic -to -Sewer Program Grant Application RECOMMENDATION: Approve grant application up to the maximum permitted. BACKGROUND: In accordance with the Septic -to -Sewer (SSP) Grant Program, a grant application for a parcel located within the CRA district has been submitted. The property will be removing an old septic tank along with connecting to the Indian River County's wastewater sanitary system. A complete grant application has been provided, including a copy of the deed, proof of taxes paid, and a wastewater connection design plan as submitted from the following applicant: • 1400 U.S. Highway 4 1 — Kenneth & Diane Chapin — Harry B's Golf Carts If approved, an award can be granted up to the maximum amount of $15,000 for reimbursement of costs incurred with design, removal, and connection. The first $10,000 of the award will be paid equally from the CRA and Indian River Lagoon Council grant funds, with the next $5,000 covered solely by the CRA. If Agenda Item Requires Exuenditure of Funds: Total Cost: $15,000 Maximum Amount Available: $210,000 Administrative Services Department/CFO Review: ATTACHMENTS: 1. Application 2. Deed City Manager Authorization: Date: 20 July 2017 3. Tax receipt 4. Construction plan 8 of 124 SEa4S77AN CRA - SFPTfC-TO-SEWER GRANT PROGRAM APPLICA'=4 140. SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM GRANT APPLICATION 1. APPLICANT INFORMATION Name of Applicant: �'ff/ % j /- • Mailing Address: �� Qj�?k Phone Number: %/, �p� Cell Number: 77.2, E-mail Address: 2. PROJECT LOCATION Address of Property: 974 Parcel Number(s): 3 - 3 l - a - G oca 03 _ ooh o - (DOOO � • O Property Tax Status: C- 3. 3. DESCRIPTION OF PROPOSED IMPROVEMENTS City Qr �'-'r1 5ita Fi 4. ESTIMATED COST Please provide information on the following items: A. Cost of Current Septic System Closure B. Estimate of Connection to Indian River Utility System C. Permitting D. Design and Construction Costs TOTAL ESTIMATED PROJECT COSTS Approved by CRA Board - 218117 $ /va.D.o0 $ 100, co $ q00. or) 1 $d9sdd.00 Page 2 9 of 124 SESAS77AN CRA — SEP77GTO-SEWER GRANT PROGRAM Has the applicant applied for other regulatory grant funding to remove the targeted s tic system? (Please check appropriate answer) YES NO If Yes, please answer the following questions: Who was the grant award from? i " How much was the total award? { $ 5ignature(s) All owners must sign. The information supplied in this application is true and correct. Printed Name and Title Printed Name and Tttie SIG lure L r Signature STATE OF COUNTY The foregoing instrument was acknowledged before me this day of 20 i7, bye who is/are personally known tome or has/have produced I/F btt.WS as identification, �-aaaj>< /V �&r��-1 . Notary Public, Commission No. lc F146946 7 (Name of Notary, Printed or Typed) v � This Section for City Use Only Date Application Received: %��io f 1 -7 Date Application Reviewed: (� r ao/ [ � Recommendation to CRA: Z ;L CP [ 7 Action by CRA: Approved by CRA Board — 2/8117 Page 3 10 of 124 RHODAM.JELMBY MY Co[a ISSICN 1 FF 106964 (SEAL) EXPIRES: July 26, 2018 Bonded Thm Nalary Public Undw rkem �-aaaj>< /V �&r��-1 . Notary Public, Commission No. lc F146946 7 (Name of Notary, Printed or Typed) v � This Section for City Use Only Date Application Received: %��io f 1 -7 Date Application Reviewed: (� r ao/ [ � Recommendation to CRA: Z ;L CP [ 7 Action by CRA: Approved by CRA Board — 2/8117 Page 3 10 of 124 Carole Jean Jordan, cFc 2016 PAID REAL ESTATE �> Indian River Coasnty Tax Collector- NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS ALT. 0201�9 1ACCOUNT NUMBER 31-3906 00003 0020 00 04/0 � 1400 US HIGHWAYPIR,OSEBASYTIADDR32958 � TAX RODE I ESCROW 1 SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 206 Please Pav $0.00 Discount CHAPIN KENNETH L (TR) DIANE E (TR)(1/2) & FBO KENNETH L CHAPIN TRUST 9880 OAK TRAIL M1CCO,FL 32976-3312 L MDescription: DEES SUB NO. B PBS 4-74 LOTS 4 -7 INC & ABN D ALLEY ADJ ACENT TO LOTS 5, 6 & 7 See Additional Legal on Tax Roll OCL M OW CLS FV Z a� E WY a 3 Total Millage 18,7025 Authority Telephone Amount COUNTY LANDFILL FEE 772-226-1300 355.50 SEBASTIAN STORM WATER SERVICES 772-388-8232 111.95 ITotal AdValorem Taxes $3,431.34 Total NmAd Valorem Assessments $467.45 (Taxes &Assessments $3,89$,79 Tax Questions (772) 226-1343 Scan to Pay Ontine ------------------------------------------------------------------------------------------------- =-"� l DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT& Carole Jean Jordan, cr;c 2016 PAID REAL ESTATE Indiatt River CoaantyTax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS T.KEY ACOUNT NUMBER PR PERTY l (AL1020129 I 31-39-06 00003 0020 00 04/0 11400 US HIGHWAY 1,,O SEBA TIA ,3ADDRESS I TAX2ODE I ESCROW 1 SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2016 Please Pay $0.00 Discount CHAPIN KENNETH L (TR) DIANE E (TR)(1/2) & FBO KENNETH L CHAPIN TRUST 9880 OAK TRAIL MICCO,FL 32976-3312 Legal DeSCription: HARDEES SUB NO. B PBS 4-74 LOTS 4 -7 INC & ABN D ALLEY ADJ ACENT TO LOTS 5, 6 & 7 See Additional Legal on Tax Roll 11 of 124 Paid 11/22/2016 Receipt# 183-00005360 006758-000057 $3,742.84 Paid 11/22/2016 Receipt #83-00005360 006758-000057 $3,742.84 PAY IN U.S. FUNDS TO CAROLE SEAN 3ORDAN, TAX COLLECTOR -P.O. BOX 1509, VERO BEACH, FL 32961-1509 - Ph: (772) 226-1343 Ad Valorem Taxes Taxing Authority Telephone Millage Assessed Value Exemption Taxable Value Tax Amount MCOUNTY GENERAL FUND 772-226-1214 3.3602 183,470 0 183,470 616.50 ,V EMERGENCY SERV DIST 772-226-1214 2,3010 183,470 0 183,470 422.16 oW OCX SCHOOL STATE LAW 772-564-3180 4.5620 183,470 0 183,470 836.99 SCHOOL LOCAL 772-564-3180 2.6480 183,470 0 183,470 522.52 LuO CITY OF SEBASTIAN 772-388-8205 3.8000 183,470 0 183,470 697.19 o:o ST JOHNS RIVER WATER 386-329-4500 0.2885 183,470 0 183,470 52.93 OOz SEBASTIAN INLET 321-724-5175 0.1007 183,470 0 183,470 18.48 >.m MOSQUITO CONTROL 772-562-2393 0.2515 183,470 0 183,470 46.14 W O HOSPITAL DISTRICT 772-770-0935 0.8443 183,470 0 183,470 154.90 W � FLORIDA INLAND NAVIG 561-627-3386 0.0320 183,470 0 183,470 5.87 Z J LAND ACQUISITION BND 04 772-226-1214 0.3143 183,470 0 183,470 57.66 OCL M OW CLS FV Z a� E WY a 3 Total Millage 18,7025 Authority Telephone Amount COUNTY LANDFILL FEE 772-226-1300 355.50 SEBASTIAN STORM WATER SERVICES 772-388-8232 111.95 ITotal AdValorem Taxes $3,431.34 Total NmAd Valorem Assessments $467.45 (Taxes &Assessments $3,89$,79 Tax Questions (772) 226-1343 Scan to Pay Ontine ------------------------------------------------------------------------------------------------- =-"� l DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT& Carole Jean Jordan, cr;c 2016 PAID REAL ESTATE Indiatt River CoaantyTax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS T.KEY ACOUNT NUMBER PR PERTY l (AL1020129 I 31-39-06 00003 0020 00 04/0 11400 US HIGHWAY 1,,O SEBA TIA ,3ADDRESS I TAX2ODE I ESCROW 1 SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2016 Please Pay $0.00 Discount CHAPIN KENNETH L (TR) DIANE E (TR)(1/2) & FBO KENNETH L CHAPIN TRUST 9880 OAK TRAIL MICCO,FL 32976-3312 Legal DeSCription: HARDEES SUB NO. B PBS 4-74 LOTS 4 -7 INC & ABN D ALLEY ADJ ACENT TO LOTS 5, 6 & 7 See Additional Legal on Tax Roll 11 of 124 Paid 11/22/2016 Receipt# 183-00005360 006758-000057 $3,742.84 DEED This Deed prepared Wthout title search from information provided by the Grantors. THIS DEED made the 2nd day of November 2005 by KENNETH L. CHAPIN of 9880 Oak Trail, M€eco, Florida 32976 hereinafter called the grantor to KENNETH L. CHAPIN and DIANE E. CHAPIN as Trustees of the KENNETH L. CHAPIN Revocable Trust UTA 11-02- 05, as tenants in common with DIANE E. CHAPIN and KENNETH L. CHAPIN as Trustees of the DIANE E. CHAPIN Revocable Trust UTA 11-02-05 of 9880 Oak Trail, Micco, Florida 32976 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations) The grantor quitclaims unto the grantee, all that certain land situate in Indian River, Florida described as Beginning at the intersection of East right of way line of State Road #5 (U.S. Highway No. 1.) and the North right of way line of First Street, thence run along the East right of way line of State Road #5 an arc distance of 100.50 feet to a point; thence run East a distance of 99 feet to a point; thence run South a distance of 100 feet to a point on the North right of way line of First Street a distance of 91.2 feet to the Paint of Beginning. The above described property being also the West part of Lots 4 through 7 Block 2, HARDEE SUBDIVISION, No "B" also the part of abandoned alley lying East of State Road #5, Sebastian, Florida as recorded in Plat Book 4, page 74 of the public records of St Lucie County, Florida. Said land now lying and being in Indian River County, Florida, Parcel Identification 06 312 39 00003 0020 00004.0 Full power and authority are conferred upon the Grantee, as Trustee of the aforesaid, to protect conserve, sell, lease and encumber all interests conveyed hereby and otherwise to manage and dispose of same, it being the intent hereof to vest in the Trustee full rights of ownership as authorized and contemplated by Section 689.071, Florida Statutes. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. IN WITNESS WHEREOF, the, said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in or presence: i nessii A lYI GSD R �f ETH L. CHAPIN W€tness A .Oi pg�cp�fh STATE OF FLORIDA: COUNTY OF INDIAN RIVER: HEREBY CERTIFY that on this day, before me, an officer duly authorized to the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared KENNETH L. CHAPIN proven to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2nd day of November 2005 �t�,ylYP Kathleen Heiid; ckson Commission #DD217437 Expires: Jul 06, 2007 '14 OF NNS' 8onde� ihn, Notary Public, State of Florida Atlantic Bonding Co., Inc. 12 of 124 1714070 THIS DOCUMENT HAS BEEN RECORDED This Instrument prepared by: IN THE PUBLIC RECORDS OF RIVER COUNTY FL KATHLEEN HENDRICKSON INDIAN BK: 1975 PG:1303, Pa9e1 of 1 Attorney at Law 1212712005 at 03:43 PM, 2770 Indian River Blvd #326 0 DOCTAX Pt) $0.70 CLERK OF Vero Beach, Florida 32960 JEFFREY K BARTON, FLORIDA BAR #379921 COURT DEED This Deed prepared Wthout title search from information provided by the Grantors. THIS DEED made the 2nd day of November 2005 by KENNETH L. CHAPIN of 9880 Oak Trail, M€eco, Florida 32976 hereinafter called the grantor to KENNETH L. CHAPIN and DIANE E. CHAPIN as Trustees of the KENNETH L. CHAPIN Revocable Trust UTA 11-02- 05, as tenants in common with DIANE E. CHAPIN and KENNETH L. CHAPIN as Trustees of the DIANE E. CHAPIN Revocable Trust UTA 11-02-05 of 9880 Oak Trail, Micco, Florida 32976 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations) The grantor quitclaims unto the grantee, all that certain land situate in Indian River, Florida described as Beginning at the intersection of East right of way line of State Road #5 (U.S. Highway No. 1.) and the North right of way line of First Street, thence run along the East right of way line of State Road #5 an arc distance of 100.50 feet to a point; thence run East a distance of 99 feet to a point; thence run South a distance of 100 feet to a point on the North right of way line of First Street a distance of 91.2 feet to the Paint of Beginning. The above described property being also the West part of Lots 4 through 7 Block 2, HARDEE SUBDIVISION, No "B" also the part of abandoned alley lying East of State Road #5, Sebastian, Florida as recorded in Plat Book 4, page 74 of the public records of St Lucie County, Florida. Said land now lying and being in Indian River County, Florida, Parcel Identification 06 312 39 00003 0020 00004.0 Full power and authority are conferred upon the Grantee, as Trustee of the aforesaid, to protect conserve, sell, lease and encumber all interests conveyed hereby and otherwise to manage and dispose of same, it being the intent hereof to vest in the Trustee full rights of ownership as authorized and contemplated by Section 689.071, Florida Statutes. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. IN WITNESS WHEREOF, the, said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in or presence: i nessii A lYI GSD R �f ETH L. CHAPIN W€tness A .Oi pg�cp�fh STATE OF FLORIDA: COUNTY OF INDIAN RIVER: HEREBY CERTIFY that on this day, before me, an officer duly authorized to the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared KENNETH L. CHAPIN proven to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2nd day of November 2005 �t�,ylYP Kathleen Heiid; ckson Commission #DD217437 Expires: Jul 06, 2007 '14 OF NNS' 8onde� ihn, Notary Public, State of Florida Atlantic Bonding Co., Inc. 12 of 124 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES MAJOR USER WASTEWATER ANDIOR WATER UTILITIES CONSTRUCTION PERMIT APPLICATION FORM A, APPLICANT NAME ADDRESS '>`d 70 —N°) L CITY STATE �L ZIP CODE 3x97 TELEPHONE �_7�- Li7.� - /3 ?a 5, OWNERIAUTHORIZED REPRESENTATIVE (IF DIFFERENT FROM APPLICANTI NAME %a,��� A) ADDRESS /�Y r.)C* F -AC CITY v80 CS`� C�4 STATE f ZIP CODE 30W d TELEPHONE ( ) ��� -s-sq--3 �'9q C. PROJECT PROJECTNAME PARCEL ID -3; - ? 7/- O C,- G O 003 LEGAL DESCRIPTION b' ? �^1 TYPE OF PROJECT C- ,, I? tiAt rZ.,o , P4 HOURS OF OPERATION - S F r-, ANTICIPATED CONSTRUCTION SCHEDULE START 41s-, �s7 �� COMPLETION A// � HAS PROJECT HAS BEEN REVIEWED BY PLANNING BOARD, PRE - APPLICATION AND TECHNICAL REVIEW COMMITTEES YES NO� PRE-APPLICATIQN AND/OR PROJECT No. ASSIGNED BY PLANNING BOARD No. N/7, ALL PROJECTS WILL REQUIRE AN ENGINEERING REPORT SUBMITTED WITH THE UTILITY APPLICATION PERMIT DEFINING THE PROPOSED PROJECT'S IMPACT ON THE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICE SYSTEM 77r!--=- (INITIAL) 13 of 124 THE SCOPE OF THE ENGINEERING REPORT SHALL BE DEPENDENT ON THE COMPLEXITY OT THE PROPOSED PROJECT FOLLOWING CUSTOMARY ENGINEERING STANDARDS. GUIDELINES WILL BE MADE AVAILABLE ATTHE I�RIVER COUNTY DEPARTMENT OF UTILITY SERVICE (INITIAL) D. METHOD (S1 OF FLOW DERIVATION (CHECK APPROPRIATE LINE (S) ( } EQUIVALENT RESIDENTIAL UNIT DETERMINATION TABLE ( } SPECIFIC REQUIREMENTS FOR INDUSTRIAL USE ( ) EXISTING FACILITY/PREVIOUS RECORDS 1. ERU DETERMINATION TABLE (COPY ATTACHEDI: TYPE OF ESTABLISHMENT Com,, -u c r -A 4 &,!✓Tim C SQUARE FEET l . a 'FS APPLICABLE UNITS Ex Uj WATER. PROJECTED FLOW_ _ (ERUs) x 250 GALLONS I DAY = GPD(ADF) WASTEWATER: PROJECTED FLOW / ... ERUs) x 250 GALLONS / DAY = 5 GPD (ADF) 2. SPECIFIC INDUSTRIAL USE: TYPE (S) OF USE rJ WATER: ]P PROJECT FLOW WASTEWATER: l PROJECT FLOW N I A 3. EXISTING FACIUTYIPREVIOUS RECORDS: THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT MAY CONSIDER THE PAST RECORDS OF AN EXISTING OPERATIONAL FACILITY FOR DETERMINING PROPOSED FLOW REQUIREMENTS FOR A NEW DEVELOPMENT, PROVIDED THE APPLICANT SUBMITS SUFFICIENT INFORMATION TO ALLOW THE DEPARTMENT TO DETERMINE ANTICIPATED FLOW. THIS INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TWENTY-FOUR MONTHS OF PREVIOUS WATER BILLS AND A COMPLETE LISTING OF THE DIFFERENCES IN THE EXISTING AND PROPOSED FACILITY SUCH AS SIZE, HOURS OF OPERATION, TYPE OF USES, NUMBER OF EMPLOYEES, ETC. E. GENERAL: ADDITIONAL WATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT REQUESTED (ESTIMATED) d PAGE x 14 of 124 ADDITIONAL WASTEWATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT REQUESTED (ESTIMATED) C_) HIGH STRENGTH WASTE - YES" NO ' IF YES, COMPLETE AN INDUSTRIAL WASTE PERMIT APPLICATION B 0 D (BIOCHEMICAL OXYGEN DEMAND) "i )-A S S (SUSPENDED SOLIDS) N/A PHOSPHORUS N/A F. OTHER REQUIREMENTS: 1. WILL THE DEVELOPMENT UTILIZE THE FOLLOWING? RETROFIT EXISTING PLUMBING FIXTURES WITH WATER SAVING DEVICES YES NO IRRIGATION REUSE SYSTEMS YES � NO IF YES, PLEASEATTACHA STATEMENT CERTIFIED BYA PROFESSIONAL ENGINEER REGISTERED IN THE STATE OF FLORIDA INDICATING THE EXTENT OF SAVINGS, TO INCLUDE SUPPORTING THE DOCUMENTED HISTORICAL DATA. PLEASE NOTE: MANUFACTURERS LITERATURE IS NOT ADEQUATE. 2. ZONING EXISTING ZONING ON PROPERTY TO BE DEVELOPED CL -'K IS EXISTING ZONING APPROPRIATE FOR PROPOSED DEVELOPMENT? x YES NO 3. PLATTING IS THE PROPERTY PLATTED APPROPRIATELY TO SUPPORT THE PROPOSED DEVELOPMENT? -� YES NO IF YES, PLEASES INDICATE THE PLAT BOOK AND PAGE NUMBER PLAT BOOK T PAGE /d a. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IS A WATER OR SEWER EXTENSION REQUIRED? YES NO PAGE 3 15 of 124 IF YES, THE APPLICANT MUST OBTAIN THE REQUIRED FDEP PERMIT PRIOR TO THE ISSUANCE OF A COUNTY PERMIT 6. SITE PLAN YOU ARE REQUIRED TO SUBMIT A SITE PLAN INDICATING ANY ON OR OFF-SITE SANITARY SEWER AND/OR POTABLE WATER LINE CONSTRUCTION AND THE POINT OF CONNECTION(S) TO THE COUNTY'S EXISTING SANITARY SEWER AND/OR POTABLE WATER SYSTEM. 6. ITEMS SUBMITTED WITH CHECK LIST A( PROPERTY APPRAISERS MAP/EQUIVALENT (FOR LOCATION) I< SITE PLAN (REQUIRED) K BUILDING PLANS K FDEP PERMIT APPLICATION WITH CONSTRUCTION PLANS AND SPECIFICATIONS 7, SEE ATTACHED PROJECT CHECKLIST OF ITEMS REQUIRED FOR FINAL PROJECT C.O. SIGNED �i�J/��/Y/ DATE '1','6A 7 TYPE OR PRINT ,L • Ck, p I f.. APPLICANT: NAME AND TITLE PAGE 16 of 124 U.S. HIGHWAY NO-' f 10 o.63' - 1^ w PDWER POLE 1 4 I 1 EXISTING DR�JNFIELD / }} I (TO BE REMOVED) 11 I i�9' 1 I I Y~ } BE CUT CAPPED EAND SOTO LID OROU EQ sn NO IAND LD TO f I 1 I1 I I ABANDONED. W I I NOTE: 1 I I CONTRACTOR TO FIELD VERIF;-A�LLLL I TS OF I 1 I I BUILDING SANITARY SEWER S IEGE I_ NES. I NOTE: CONTRACTOR SHALL NOTIFY EI nNEERIOF ANY L PET E ISNNG 57I,S�E PLAN, I L S A STUB OUT LINE }�- ` DEVIATIONS FROM GRADES S WN ON LPLAH FO Fl)iURE. (y^SHED LINE) ! THIS IS LOCATE /HAD CIA��sr R TORTy TIE GRE45E 3 AND DOME WW TO THISI LINE. If THE NE IS NOT LOCA ED, (� �gEHGtT ! 111 O 1 COJTR_ OR T{{�� INSTALL NEW LINE (SOUQ LIN WRHO TIP IN` TO GR E TRAP AND, DOMESTIC WAST . +�• a \� SAWCUT EXISTING CONCRETE PARKING LCT AS REQUIRED ; / TO INSTALL NEW PIPING AND TO ABANDON EXISTING PROPOSED 2'ty BALL VALVE SEPTIC TANK AND REPLACE WITH 5• CONCRETE SLAB I(LIKE AND KIND) 00 PROIDSED P NATE UFT ST ION, VALVE I +56- ( ABANDON EXISTING SEPTIC TANK ONCE 1 IOx STATIONIvTROL PANEL f �� CONNECTED TO THE NEW UFT STATION.:JET 1 1 "OP FL = 1190 N. iNV. E . � 7.60 1 \� .TA 0+63. OFFSET O+ .00' NORTH EXISTING 1 STORY 1 (Al B& ��� _ _--40 ° BUILDING OP EL •9a - SALES) 1 -TA 0+59.41' OFFSET 0+1.50' NORTH + I S O9 0 (GOLF CART 1 O rI ``II � ,�,_I`L�� h_' II \ 2• PAAeb 4- L J 4EXISnNG GREASE VERIFr TLacAE iU, -D cooLETi - C. CT. TO��� } L ICH TANK IS 0 GREASE TRAP) } O1 CONTRACTOR TO FIELD VERIFY LOCATIONS OF EXIST#NG BUILDING 41 IL SANITARY SEWER SERVICE LINES FROM ALL FIXTURES IN THE NOTE: 1 BUILDING FOR DOMESTIC FLOW AND GREASE TRAP FLOWS TO 9E ALL HE AS #ONS SHOWN ARE RELATIVE W ----------------------- 43F — — — — — — — — — — SEGREGATED. — — — — — — — TO THE ASSUMED ELEVATION OF ID.00' r /" r� OF THE EXISTING BUILDING � LLI �+ 60 ,PETER BOX - _ - _ S G 7'33' 44" E 1 14" P M�,j� i + 1 OW'ERO dETER BOX - - -100.00,-__ � POLE ' NOTE: I 1 CONTRACTOR TO TAKE DUE CARE WITH THE CONSTRUCTION AROUND THE EXISTING POWER j I I `� I I J� POLES TO INSURE STRUCTURAL INTEGRITY OF r ! I I III THE POLES AT ALL TIMES. ! "� 14' '01 +00 t 0 I /I in 1 I4� 1 DIRECTIONAL BORE UxAV MTO WET TAP ARIA. SYMBOL' / \ (OPEN CUT WILL AlAONLYLY IF APPROVED IBV , SITE INFORMATION OWNER KENNETH L. CH4PIN 9880 OAX TRAIL SEBASTN9, FLORICA 32979 ZONING LAND USE CWR COuu ERCIAL RIYERFRCIT FLOOD ZONE NO TOPOGRAPHIC SURVEY KIZ BEEN PERFORMED AT THIS POINT SURVEY BENCHMARK A55a MEO ELEVATION OF 101 AT THE EXISTING BUILDING. WATER/WASTEWATER SOURCE IND IW OVER COUNTY Unl1TIE2 WATER AWN INDIAN RNER COUNTY U7RITIED fORCEMMH TAX PARCEL LD, NUMDER(S) 31 -39 -06 03 -DO -0007O-GDO04.0 SITE ADDRESS 14D0 U.S. HICHNAY III SEIIASTWV, 1 52858 LEGAL DESCRIPTION HMDEE WOW—HO. B, PLAT BOOK 4, PACE 76, LOTS 4-7 IHc1,WwG AND ABIWOONED ALLEY ADJACENT TO LOTS 5. 6 AND 7 AS VN RECORD BOOK 3q PAGE 113. LRS PART Or LOTS 4. TO 7 INCLUDIND AS RECORD ROOK 94, PAGE 710 BLOCK 2. .DIr O 200' I] alemoll G "-1 <I_ n n+,nm LOCATION MAP ND 200' w' U 1 a CONI L a___j n L WEII ANY VEHICLE, EWIINIEN T. MVREM OR TIER ACSWTES d i.Afi1 ON THE I�i✓�/ I P PAVEPENT MWftN. ME CL..W a ONE v Flog And Tyl E Ughtdln,) gunge TRArvTG LASE. EOR MURK MICA I IWMI 1' It R A U 71 QOWN910EAM TTiW IROIL ToPEAOD , f� A a YORE TIM' n0 u0N1Ei asMIN 1 U 1 a �/�� STI N STORY 7. The ROAD CONEML IIaN MEAD and MGGER 11 Nap hon o IB• . 10• ( rn.l arwge neq end a Type B Iw1 eitl D 1 �� 200 �• I 1 I�i✓�/ I 2tb' .me Thm THE CITY OF SE TW ENGINEERING DEPARTMENT IN I I Q I �/�� STI N STORY 7. The ROAD CONEML IIaN MEAD and MGGER 11 Nap hon o IB• . 10• ( rn.l arwge neq end a Type B Iw1 eitl '}�� Work Are. THEIR R/W PERM 1 i I�i✓�/ I R A N T 1^ v Flog And Tyl E Ughtdln,) gunge I 1 r IJ 1' It R A U 1 , Type - Or Type -- 13—I de Or VerucPl 1 +� 1� (NOT R T O F PROJECT) ^— P...I Or Oru, (Wllh 6leody fiHming Ught At Night Only). Tubu3.r Markers r I 'PROPOSED 103 LF OF PRIVATE � N") Mgy Be Uaed oaring ❑9yllght Only. 1 2"fl PE DIRECTIONAL El RE ® Tyye - or Type -» Barricade A 4er[ic.l FORCEMAIN (36" MINIM M COVER) I I 1 1 Panel d Drum (elth Fill H9ht At Nlght Only) ` to I f � 14 Work Zane Sign CONTRACTOR TO II RESTORE ' LANDSCAPE IF pAMAGEOFlag^er- DURING CONSSI CTION. I POWER OLE 5 OLE p 1 1 0 00' I I I I- -_I_- - I I EMANI-RATCH---- TAP EXISTING 10"0 PVC FORCEMAIN WITH EXERTING t0"0 PVC FORCEMNN — — I 10"x4" TAPPING SLEEVE, $TAPPING LAN. 4'K2" REDUCER. _SFA 1+52.70' OFD�39-501iPd—------f----J---J•----- - — — — — OPEN' CUT INDUW RNER DRIVE MINIMUM 1 Al NECESSARY TO INSTALL WET TAP I INDIAN RIVER DRIVE LIFT STATION PLAN z j ------------ ----r 20c CONDI DNS YpIFTIE ANY VElrtl EgEa ll WORMERS OH MCI ACTIAIrm ENOtl to i , PAVEJIdT REWIRING THE T.Mn V wtE TRATFIC LANE, IM Ill AREA 2W 0111 D0 SMEM FR11.I Il FM A PERnOD W uIX TKm I mol GENERAL NOTES I. Wwh cp., I—II .hdl be —I Ta — l,.r lane 11 9 7. The ROAD CONEML IIaN MEAD and MGGER 11 Nap hon o IB• . 10• ( rn.l arwge neq end a Type B Iw1 eitl tl pp -9 hNnl ioM ryrn Io 9aMe. ana aperoUng e1 tlmee 2 MI .r+,',:iea. e�ulyymeM1k..arVerp (.Rel RagT.ra) wt IneY M S Ngn. moy be used Tar (CoYight Only) aperellene paIIN:'es me SrMed of oR iW� n me side o} the a em nt Tyye 9 Llghle and Orengp Flege ora n.l neut.d 3. Fv elk Walfiene or EO mnelm v leve .ee Inde. No. en] a a FlAOCER legend I may be euh,tuul.d Ter the A,,Md Ng,a /t 9 121 I. It. be p..t —1 11 the Isom line eAa.eda 4. AAPt •enrle. N a penes rite _= me el = la TC2 s19na a „nen 1Ct iEy tTvrxr m s ,.rune pedealHml eeh.y�, Ina NP1a eHC b tot ,raryd mId bcaled In occna n rI1N Intlea ki p -30i pO AIe mmimam apacLl7 belren aerkes .Halla "al q.aler Daan 21. 11. Arr;w wle db.alkn a1 WHIa aM Yana ft not I p¢amnent 5. N wnN a,wo N. rnt9nee tr w vriae m.�rey Ione the nark �cN ba b—iwted rn.d Vs FLe� e'¢>• ceby l rtlEbd ROAD cw5ritti ON A.tiEAO .4- rcggee aR -r 12. lmylSudnN Cimenpkna wr to b. veAretM la nl fled cme[Ibna gee Inder Na 6D0, S. III Mall be In .'!3!t of — ri w in dhecl �n l at el .. ` 11 Far 911 TCZ nR.Hem.nle -d a"ITrnal IniwmoUon 'N' ke Ind.: No. boa. TRAFFIC MAINTENANCE PLAN (FOR SANITARY SEWER TAP ON WEST S1DE OF INDIAN RIVER DRIVE) SCALE: NTS �Ra t• w dacuwnb •eeaH beu the mavrii.l aE ladd K SMa., EE I• watt •111, 1 Taea M erd•At r. tMer --ta v —1 •rRORxry,, rypar. +"Ir. a eu,.. saga-n.x.. or vw •. mo, k SM,h eL 1 .a 1 r \M a F Hr^ V, x U w ay 0 1ltunrnRyyrA' Z ,�\ a q's -: 6 ? 4'- gtP z• - SF EET ci ump-LLQ 60 f SPECIFICATIONS FOR DUPLEX D,E,P, TYPE CONTROL PANEL PER D.E.P. REQUIREMENTS 17-604,400 ,,,, ,I .TRO TWIJ uo aan Va T. STNGIF PHASE. 60 Hz PUMPS 4 NEUTRAL SHALL HE^SUPPLIETI TO THE PANEL FOR 120 VOLT CONTROL POWER. '���i�ur�nd��r CHAL��E NMA 4X���MFSBERGLA5S. ]LITER DOOR SHALL HAVE HINGES AND MEANS FORPADLOCKING, INNER DEADFRONT DOOR SHALL BE 5052-H32 ALLOY ALUMINUM. ALL MOUNTING BOLES SHALL BE DRILLED AND TAPPED, SELF TAPPING SCREW NOT CCEPTABLE. ALL F (BOLTS, NUTS , LOCK WASHERS, AND MACHINE SCREWS SHALL BE STAINLESS THEEFOLLOWING MAJOR COMPONENTS ARE REQUIRED, 1) MAIN BREAKER 2) EMERGENCY BREAKER AND GENERATOR RECEPTACLE -RUSSELL STOLL 3) PUMP BREAKERS 4) CONTROL CIRCUIT BREAKER 5) ALTERNATOR 6) HIGH LEVEL FLASHING ALARM LIGHT 7) HIGH LEVEL HORN ALARM WIYH SILENCE - WHEN SILENCE LIGHT S74YS ON 8) LIGHTNING ARRESTOR 9) SURGE SUPPRFSDR 10) PHASE/UNDER VOLTAGE MONITORING RELAY IF 30, UNDER VOLTAGE MUNITORING RELAY IF 10 IU NEMA RATED MOTOR STARTERS WITH OVERLOAD PROTECTION FOR ALL POWER LEGS 12) ELAPSE TIME METERS 1 3) CAPACITORS AND START -RELAYS AS APPROVED FOR MYERS PUMPS ON SINGLE PHASE SYSTEMS. TYPICAL SEQUENCE OF OPERATION, 1. ON RISE LEVEL, LOWEST FLOAT WILL CLOSE CIRCUIT TO RELAY. LEAD PUMP ON FLOAT CLOSES TO BRING LEAD PUMP ON, IF LEAD DOES NOT RECEDE AND CONTINUES TO RISE, THE LAG FLOAT WILL CLOSE AND BRING ON THE LAG PUMP. FURTHER RISING OF LEVEL IN VETWELL WILL CLOSE 4TH FLOAT (HIGH LEVEL) AND ACTIVATE THE HIGH LEVEL ALARM LIGHT AND HORNS. 2, ON FALLING LEVEL[ ALL PUMPS WILL DE -ENERGIZE AT THE OPENING OF THE LOWEST (OFF) FLOAT CONTROL CURCUITRY WILL BE SUCH THAT NO FLOAT WILL DEPEND ON ANOTHER FLOAT FOR ITS CONTROL POWER. 3. CONTROL PANEL SCHEMATICS, IN PLASTIC LAMINATE, IS TO BE AFFIXED TO THE INSIDE OF THE OUTER DOOR. 4,ALL WIRING SHALL BE NUMBERED. 5. IN THE EVENT THE PUMPS BEING FURNISHED REQUIRE SEAL FAILURE COMPONENTS AND INDICATION TO VALIDATE WARRANTY, THESE COMPONENTS I SHALL BE FURNISHED AS REQUIRED. 6. ALL COMPONENT LABELS SHALL BE OF THE LAZER PRINTED MYLAR PLASTIC LABELS. 7. A 24 HOUR EMERGENCY TELEPHONE CONTACT SHALL BE DISPLAYED BY THE OWNER. 344 S.S. THROW SWITCH DISCONNE CONTROL PANEL 30 SS.3R OR FIBERGLASS ( IF NOT OFF BLDG) COMPONENT LEGEND FR - FLOAT REGULATOR CTR -CONTROL TRANSFORMER ETM -ELAPSED TIME METER AH - ALARM HORN10) qH5 - ALARM HORN SILEN[ER LA - LIGgqMI7NING ARRESTOR RC RTNRCAPACITIIROR0(10) SR -START RELAY PTPUMP TERMINAL STRIP OR - GROUND FS FUUESE RTS - REGULATOR TERMINAL STRIP N NEUTRAL O/L _ OVERLOAD MECCBp - EMERGENCY CIRCUITK BREAKER N _ MOTOR CIRCUIT PROTECTOR CCB iRryCI LBC RCUIAKER BREAKER PVP2 - UUpMP 1/Pl1MRRR EE ❑RL - PS MUMPRRUNAfNDICATORS HOA - OHANEI)R�OFF AIJTONATIC SWITCH GFI - 11UPLE% GRND, FAULT I EPT, ALT -PUMP AUTOMATIC ALTERNATOR VM /PM- VOLTAGE/PHASE MONITOR IPTB - INCOMING POWER TERM BLOCK NTH - NEUTRAL- TERM. BLOCK FIBERGLASS WET ALUMINUM ACCESS 6 COVER (LOCKAB . �P pon�igl, Fc I{ L-16 INNER DOOR LAYOUT SHOWN BACK PANEL VIEW ELECTRICAL CONTROL PANEL (NOT Til SCALE) OITMTu:ONWCWAt)rOP9 rmN Bmn `� 0o Ra o - B1ARrKGurs _ __._ FUS T R . O 0 remTFULa � 01' �° 1J NEMA 4X ENCLOSURE WITH DEAD FRUNT OUTER DOOR GE NERAiOR GEIl xaix G1xC ryalN lLV2310V-116-60 Herta PlW l St Py RECEFIACLE LI LE U (G� rxrOxa-w � - T� m 11 la0oapl tn0unp) tSGItt NING ARRESTOR VM VOLTAGE XONROR C8 I L T1 — 2 W. T al )5L FL.c fBSnnp) n . -- Hca e TI " 12 MOIOi . SOPF.IJt. 123h,•]) J Cz CB 3 rl unn•,a) m PUH° 1 RJ! )r�a �NaNA �•• uv0 ET � L- ILEI'' PIRP 2 RUN 9' xaryO O & 3 4 'LSILs 2 urF fOFFI Ip tL�EaO 011l - � - -AV10 ET•1 i' B ALTotxalGR + 9 e•L' � RI t 6 rusE Ls B [3arp) 0.AG @O mI ] B fi•- �8 S + TTEST OOfdi LEVrL) 1SIL[NCE L1- sR SINGLE PHASE SCHEMATIC GENERATOR RECEPTOR--�--' LIGHTNING ARRESTOR '�\I-1/4' SCH Su (2 TLTIAL) H.P. MODEL N0. A304(O.A.EJ FIELD MOUNTED BY - PVC 1 ELECTRICIAN �, L432'X32'XPB' POLY RESIN VALVE BOX ALUMINUM UNISTRUT (2•) SEAL OFFS (2)- 2' CONDUITS REQ'D --- - W/ SECURABLE COVER) FOR 2 HP PUMPS 43)- 2' CONDUITS 1-1/4' CHECK VAL E C2 TOTAL) 3/4' HOSE BIBH �y -L REO'D FOR 3 HP AND LARGER PUMPS SEE NOTE #1 BELOW i %`� 'i'MAx O LIFT STATION PLAN - DUPLEX STATION (DUAL PUMPS) �L WATER LEVEL CONTROL 3/4 ' GALV RISE Toll PUMP NO. 1 I SLEEVE REQUIRE, ^ PUMP NO.(21F REQUIRED ) f 4' ALUMINUM PIPE R I �•• 2' EMERGENCY I • •.' / 2' PVC VENT W/ POLY RESIN VALVE BOX PUMP OUT W/ 2' I CUNC, SLAB 481 L x 12' W x 10' 11 STAINLESS STEEL (32' x 32' x 28' D) X 1 I/4' OR CONC. AROUND POSTS COMPANION POLY xRESIN VALVE HQ% TO WATER SUPPL INSECT SCREEN. (32' 32' x 28' D) GROUND ROD 12' 0 x 24' DEEP ACCESS COVER FOR WET WELL 8 FLANGE AND I TO SERVICE VALVE VAULT SHALL BE LOCKED 1/4' PVC GATE LOCATION (FROM EX. TWO 2' CONDUITS 8 VALVE STRUCTURE EAST OF TWO 2' CONDUIT HUBS STATION) INSTALLED FOR ELECTRICAL 2' P.E. TO 1 1/4' PVC NiiTEi CONNECTIONS #1. THE SITE HAS AN EXISTING WATER SYSTEM WHICH WILL PROVIDE WATER SERVICE TG £L ELEV. = 8.90 ELEV. 89 `FIN GRADE---_____ SCH BO IRAN. COUPLING THE LIPT STATION. A NEW HOSE HIB AT THE CONTROL PANEL WILL NOT NEED TO BE T- 1-1/2'f 1/2'f / 1 —� 1- 2' MIN. INSTALLED IF AN E%[STING HOSE BIB IS ON ANY OTHER THE EXISTING STRUCTURES WITHIN •] 100 FT. IF THE CONTROL PANEL. I2 -CABLE 2' BALL Or #2. ALL ELECTRICAL CONDUIT SHALL BE RIGID METAL ABOVE GROUND AND PVC BELOW jl�i - HOLDING 1 l/4• BALL VALVE GROUND. �� ``'• BRACKET 90• l-1/ SCH 80 II BEYOND (TYP.)��� Z (S.S.) BEND PVC ➢ISCHARGI (2 TOTAL) a SEE ELEVATIC ( 5 ELECTRICAL RISER CHART SS LIFTIN J J I y :e 4 r O xT 5. CABLE I 1 I/4' 90' f, V 2' HE t 1/4' 90' l C, SCH 80 1 I/4• TEE 2' PVC DRAIN PVC, DISCHARGE (2 TOTAL) W/ P TRAP �VA'lt7ECHFC?K.IAL) 1 1/4' BALL VALVE sre•F¢Fs to Isnm • - ELC -- !2 TOTAL)VALVE VAULT SECTION B -B Ft¢o nccaTG 4 BR /� I -�\ 1' INLET �. qg• O 2 x i.s. FIELD INSTALLF� 2' MIN. r r-� _ sTnneFu s)e� FURNISH TWO MYERS HEAVY DUTY SUBMERSIBLE LIFT -GUT SYSTEM GRINDER PUMPS. PUMPS SHALL BE CENTRIFUGAL ss,. [ t vex r+srGt¢as SS GUIDE RAILS GTulln � JJ Iaxr Psurlvc tlr.Klxs TYPE WITH ROTATING CUTTER MOUNTED ON THE PUMP w T wTrin I F 1 �o srcw nRx SHAFT, THE STATIONARY CUTTER SHALL BE MOUNTED TOF El. 00 mwrR sxm+ Tx 5' <fi0') r wulotc I lrw Pmnlpvt ( I IN THE ADJUSTABLE BOTTOM PLATE. SHREADING I MAX. DEPTH I 1-1/q• SCH 80 PVC SOCCUR E OF VOLUTE TD AV OTD _ K HALL OUTSID CLOGGING. THE CUTTER SHALL BE 440C STAINLESS 1• C STEEL AND HARDNESS GF ROCKWELL C-58 TO 60. ti _ �INVERT EL. 4 �I SECT,ON B -B EACHPUMP SHALL BE EQUIPPED WITH TWO SEALS. va•.r �lpl / PUMP DISCHARGE WITH SEALING FLANGE THE LOWER SHALL BE MECHANICAL TYPE WITH FNt _ H.L S, iL- Icwuolr� 'L----� - U .'I T SILICON CARBIDE FACES, THE OIL CHAMBER SHALL 3/4 CU. YDS. CONCRETE GROUT BE FITTED WITH A MOISTURE PROBE EXTENDING FROM _ END PUMP ON L(5) THE BUTTON OF THE MOTOR HOUSING INT12 THE OIL TO PREVENT FLOTATION CHAMBER. THE PUMP MOTOR SHALL BE AIR FILLED R Thr , Parvus - AND HAVE CLASS 'H' INSULATED MOISTURE _IST PUMP ON ELS X 24' sm. SJ(pARO FF.ATUR&S: J-. L� _ CONCRETE FILLET WITH O OM A AS RESTOVERSTANT AD SHGS. A HEAT SENSOR THERMOSTAT , Aum -mm srnnllffi 9132L Qom CPex EKN _ EL, v' r ,:'' v REQUIRED, FOR HOPPER BOTTOM AREA TO AND OVERLOAD SHALL BE ATTACHED Tp HTE TOP END PUMPS OIT EL � ------------- ---- BE NO GREATER THAN THAT NEEDED FOR OF THE MOTOR WINDINGS AND SHALL STOP THE ' P . B'fA�OIL TT6CI"I3x.'GFS CNO ARAi:i@1G FIhaVIlANB �-PROPER INSTALLATION AND FUNCTION OF MOTOR IF THE MOTOR WINDING TEMPERATURE REACHES BOTTEA EL. • x0x- msm TACKING BIR ,IxB N Lc THE INLET 200• F. FLOAT HIfLUER SHALL BE MADE WITH 304SS y1 / r•A 1 1 I YEI.T FUUPLNC ON WAULSS PML Y. .IPI- L • SWGLB I tMON • IS SM 00 PVC S kL FOR Wm soo Las. PER sa, TT -mo NAPES CE NAM PM IS WELD BASIN ANTI -FLOTATION FLANGE SEE ELEVATION CHART FL[RUHRIJ(W I ,4#' { ruEn Gass THE FIBERGLASS BASIN $ftAL4 BE MANUFACTURED ALL FITTINGS AND APPORTMM ARE IN ACCORD HCE WITH 1r irACTURER'S FROH COMMERCIAL GRADE POLYESTER RESIN. THE .HRCTION A -A SPECIFICATIONS AND DETAILS. COMPLETE WET WELL SHALL HAVE A DYNAMIC�� LVAOING OF 16,0FT- LHS AND SHALL NOT -� LEVEL CUNTR@ DIAGRAM DEFLECT VERTICALLY DOWNWARD MORE THAN A Y4' AT 2 NIS THE POINT Or LOAM APPLICATION WHEN LOADED TO LIFT STATION 70P VIEW O LIFT STATION SECTION A—A 24,D00 LHS. _ _ CETABLSCALr 2 N.TS. THE FIBERGLASS VALVE VAULT SHALL BE A MIN. OF �1�� B FIOCJ-492"iTJp 32'X32'%28' DEEP. FLOAT SNITCHES SHALL BE UL LISTED TYPE •$-RCRDFLOA7' WITH 30 FEET OF CABLE. nm.K •}III to W tle[,I�n[• •�R uw [n wsa•ttK eP iadtl x 411T, PE Y r,F,•a W�tv ti im0 k SNU[ P.G b,F• aa'a�nt• •n p e.wa 1e tlr o•�e, •--tT h amrcum Wa ut acl.ct wy eW � � ,�.� er eFm drew„b Pr env nva#+[ib� d+olir, sat•.: eeMr fib^ M x•••• ��� •` "T� � 1prnvlY CT[xY[F4 �a>t rn� N TFW a Txxv PG p.Tuer,! b W iwYrvl CaPYNY:t Ln�' m 2011. T� x s�11K PE ODUPLEX PUMP CONTROL PANEL WIRING SCHEMATIC y x.T S, ELEVATION CHART (NGVD) j NUMBER OF ERU'S I jl LIFT STATION TYPE DUPLEX I ELE VATIED TYPE OF ESTABLISHMENT COMMERCIAL, DIAMETER OF WETWELL!f F) 4 FT. I FINISH GRADE AROUND S/T► 8.80 I e TOP OF WETWELL 8.90 I a 713P OF VALVE BQX 8.90 I b N INLET INVERT 7.00 I HIGH LEVEL ALARM 6.95 d 2nd PUMP ON 6.80 e Ist PUMP ON 6,30 I f PUMPS OFF 5.50 R BOTTOM OF WETWELL 3.90 1 I PUMP DATA CHART 1-1/4' SCH 60 1-1/4' 90* 29 GPM PVC \ \` ! EMERGENCY PUMP OUT A 0 29 GPM / nW/ QUICK CONNECT CPLG. W/ 2' BALL VALVE 64 FT ® ft AK INFLUENT FLOW RATE ON CAP ® SUMP CYCLE TIME -1/4' 90' BEP (2 TOTAL) (TYP,) A 48' ® SUMP MODEL N©. - 2• P.E. DISCHARGE LINE 06' COVER) (§j R.P.M. 1 1/4' PVC w CLO DRAIN` -1-4/4' CROSS '1-1/4' 90' 2' HALL VALVE VE I5.0 -1-1/4' PVC. BALL VALVE (TYPJ GE NERAiOR GEIl xaix G1xC ryalN lLV2310V-116-60 Herta PlW l St Py RECEFIACLE LI LE U (G� rxrOxa-w � - T� m 11 la0oapl tn0unp) tSGItt NING ARRESTOR VM VOLTAGE XONROR C8 I L T1 — 2 W. T al )5L FL.c fBSnnp) n . -- Hca e TI " 12 MOIOi . SOPF.IJt. 123h,•]) J Cz CB 3 rl unn•,a) m PUH° 1 RJ! )r�a �NaNA �•• uv0 ET � L- ILEI'' PIRP 2 RUN 9' xaryO O & 3 4 'LSILs 2 urF fOFFI Ip tL�EaO 011l - � - -AV10 ET•1 i' B ALTotxalGR + 9 e•L' � RI t 6 rusE Ls B [3arp) 0.AG @O mI ] B fi•- �8 S + TTEST OOfdi LEVrL) 1SIL[NCE L1- sR SINGLE PHASE SCHEMATIC GENERATOR RECEPTOR--�--' LIGHTNING ARRESTOR '�\I-1/4' SCH Su (2 TLTIAL) H.P. MODEL N0. A304(O.A.EJ FIELD MOUNTED BY - PVC 1 ELECTRICIAN �, L432'X32'XPB' POLY RESIN VALVE BOX ALUMINUM UNISTRUT (2•) SEAL OFFS (2)- 2' CONDUITS REQ'D --- - W/ SECURABLE COVER) FOR 2 HP PUMPS 43)- 2' CONDUITS 1-1/4' CHECK VAL E C2 TOTAL) 3/4' HOSE BIBH �y -L REO'D FOR 3 HP AND LARGER PUMPS SEE NOTE #1 BELOW i %`� 'i'MAx O LIFT STATION PLAN - DUPLEX STATION (DUAL PUMPS) �L WATER LEVEL CONTROL 3/4 ' GALV RISE Toll PUMP NO. 1 I SLEEVE REQUIRE, ^ PUMP NO.(21F REQUIRED ) f 4' ALUMINUM PIPE R I �•• 2' EMERGENCY I • •.' / 2' PVC VENT W/ POLY RESIN VALVE BOX PUMP OUT W/ 2' I CUNC, SLAB 481 L x 12' W x 10' 11 STAINLESS STEEL (32' x 32' x 28' D) X 1 I/4' OR CONC. AROUND POSTS COMPANION POLY xRESIN VALVE HQ% TO WATER SUPPL INSECT SCREEN. (32' 32' x 28' D) GROUND ROD 12' 0 x 24' DEEP ACCESS COVER FOR WET WELL 8 FLANGE AND I TO SERVICE VALVE VAULT SHALL BE LOCKED 1/4' PVC GATE LOCATION (FROM EX. TWO 2' CONDUITS 8 VALVE STRUCTURE EAST OF TWO 2' CONDUIT HUBS STATION) INSTALLED FOR ELECTRICAL 2' P.E. TO 1 1/4' PVC NiiTEi CONNECTIONS #1. THE SITE HAS AN EXISTING WATER SYSTEM WHICH WILL PROVIDE WATER SERVICE TG £L ELEV. = 8.90 ELEV. 89 `FIN GRADE---_____ SCH BO IRAN. COUPLING THE LIPT STATION. A NEW HOSE HIB AT THE CONTROL PANEL WILL NOT NEED TO BE T- 1-1/2'f 1/2'f / 1 —� 1- 2' MIN. INSTALLED IF AN E%[STING HOSE BIB IS ON ANY OTHER THE EXISTING STRUCTURES WITHIN •] 100 FT. IF THE CONTROL PANEL. I2 -CABLE 2' BALL Or #2. ALL ELECTRICAL CONDUIT SHALL BE RIGID METAL ABOVE GROUND AND PVC BELOW jl�i - HOLDING 1 l/4• BALL VALVE GROUND. �� ``'• BRACKET 90• l-1/ SCH 80 II BEYOND (TYP.)��� Z (S.S.) BEND PVC ➢ISCHARGI (2 TOTAL) a SEE ELEVATIC ( 5 ELECTRICAL RISER CHART SS LIFTIN J J I y :e 4 r O xT 5. CABLE I 1 I/4' 90' f, V 2' HE t 1/4' 90' l C, SCH 80 1 I/4• TEE 2' PVC DRAIN PVC, DISCHARGE (2 TOTAL) W/ P TRAP �VA'lt7ECHFC?K.IAL) 1 1/4' BALL VALVE sre•F¢Fs to Isnm • - ELC -- !2 TOTAL)VALVE VAULT SECTION B -B Ft¢o nccaTG 4 BR /� I -�\ 1' INLET �. qg• O 2 x i.s. FIELD INSTALLF� 2' MIN. r r-� _ sTnneFu s)e� FURNISH TWO MYERS HEAVY DUTY SUBMERSIBLE LIFT -GUT SYSTEM GRINDER PUMPS. PUMPS SHALL BE CENTRIFUGAL ss,. [ t vex r+srGt¢as SS GUIDE RAILS GTulln � JJ Iaxr Psurlvc tlr.Klxs TYPE WITH ROTATING CUTTER MOUNTED ON THE PUMP w T wTrin I F 1 �o srcw nRx SHAFT, THE STATIONARY CUTTER SHALL BE MOUNTED TOF El. 00 mwrR sxm+ Tx 5' <fi0') r wulotc I lrw Pmnlpvt ( I IN THE ADJUSTABLE BOTTOM PLATE. SHREADING I MAX. DEPTH I 1-1/q• SCH 80 PVC SOCCUR E OF VOLUTE TD AV OTD _ K HALL OUTSID CLOGGING. THE CUTTER SHALL BE 440C STAINLESS 1• C STEEL AND HARDNESS GF ROCKWELL C-58 TO 60. ti _ �INVERT EL. 4 �I SECT,ON B -B EACHPUMP SHALL BE EQUIPPED WITH TWO SEALS. va•.r �lpl / PUMP DISCHARGE WITH SEALING FLANGE THE LOWER SHALL BE MECHANICAL TYPE WITH FNt _ H.L S, iL- Icwuolr� 'L----� - U .'I T SILICON CARBIDE FACES, THE OIL CHAMBER SHALL 3/4 CU. YDS. CONCRETE GROUT BE FITTED WITH A MOISTURE PROBE EXTENDING FROM _ END PUMP ON L(5) THE BUTTON OF THE MOTOR HOUSING INT12 THE OIL TO PREVENT FLOTATION CHAMBER. THE PUMP MOTOR SHALL BE AIR FILLED R Thr , Parvus - AND HAVE CLASS 'H' INSULATED MOISTURE _IST PUMP ON ELS X 24' sm. SJ(pARO FF.ATUR&S: J-. L� _ CONCRETE FILLET WITH O OM A AS RESTOVERSTANT AD SHGS. A HEAT SENSOR THERMOSTAT , Aum -mm srnnllffi 9132L Qom CPex EKN _ EL, v' r ,:'' v REQUIRED, FOR HOPPER BOTTOM AREA TO AND OVERLOAD SHALL BE ATTACHED Tp HTE TOP END PUMPS OIT EL � ------------- ---- BE NO GREATER THAN THAT NEEDED FOR OF THE MOTOR WINDINGS AND SHALL STOP THE ' P . B'fA�OIL TT6CI"I3x.'GFS CNO ARAi:i@1G FIhaVIlANB �-PROPER INSTALLATION AND FUNCTION OF MOTOR IF THE MOTOR WINDING TEMPERATURE REACHES BOTTEA EL. • x0x- msm TACKING BIR ,IxB N Lc THE INLET 200• F. FLOAT HIfLUER SHALL BE MADE WITH 304SS y1 / r•A 1 1 I YEI.T FUUPLNC ON WAULSS PML Y. .IPI- L • SWGLB I tMON • IS SM 00 PVC S kL FOR Wm soo Las. PER sa, TT -mo NAPES CE NAM PM IS WELD BASIN ANTI -FLOTATION FLANGE SEE ELEVATION CHART FL[RUHRIJ(W I ,4#' { ruEn Gass THE FIBERGLASS BASIN $ftAL4 BE MANUFACTURED ALL FITTINGS AND APPORTMM ARE IN ACCORD HCE WITH 1r irACTURER'S FROH COMMERCIAL GRADE POLYESTER RESIN. THE .HRCTION A -A SPECIFICATIONS AND DETAILS. COMPLETE WET WELL SHALL HAVE A DYNAMIC�� LVAOING OF 16,0FT- LHS AND SHALL NOT -� LEVEL CUNTR@ DIAGRAM DEFLECT VERTICALLY DOWNWARD MORE THAN A Y4' AT 2 NIS THE POINT Or LOAM APPLICATION WHEN LOADED TO LIFT STATION 70P VIEW O LIFT STATION SECTION A—A 24,D00 LHS. _ _ CETABLSCALr 2 N.TS. THE FIBERGLASS VALVE VAULT SHALL BE A MIN. OF �1�� B FIOCJ-492"iTJp 32'X32'%28' DEEP. FLOAT SNITCHES SHALL BE UL LISTED TYPE •$-RCRDFLOA7' WITH 30 FEET OF CABLE. nm.K •}III to W tle[,I�n[• •�R uw [n wsa•ttK eP iadtl x 411T, PE Y r,F,•a W�tv ti im0 k SNU[ P.G b,F• aa'a�nt• •n p e.wa 1e tlr o•�e, •--tT h amrcum Wa ut acl.ct wy eW � � ,�.� er eFm drew„b Pr env nva#+[ib� d+olir, sat•.: eeMr fib^ M x•••• ��� •` "T� � 1prnvlY CT[xY[F4 �a>t rn� N TFW a Txxv PG p.Tuer,! b W iwYrvl CaPYNY:t Ln�' m 2011. T� x s�11K PE ODUPLEX PUMP CONTROL PANEL WIRING SCHEMATIC y x.T S, ELEVATION CHART (NGVD) j NUMBER OF ERU'S I jl LIFT STATION TYPE DUPLEX I ELE VATIED TYPE OF ESTABLISHMENT COMMERCIAL, DIAMETER OF WETWELL!f F) 4 FT. I FINISH GRADE AROUND S/T► 8.80 I e TOP OF WETWELL 8.90 I a 713P OF VALVE BQX 8.90 I b N INLET INVERT 7.00 I HIGH LEVEL ALARM 6.95 d 2nd PUMP ON 6.80 e Ist PUMP ON 6,30 I f PUMPS OFF 5.50 R BOTTOM OF WETWELL 3.90 1 I PUMP DATA CHART (D PRIMARY PUMP CAPACITY 29 GPM O PRIMARY TUH 64 FT SECONDARY PUMP CAPACITY 29 GPM ® SECONDARY TDH 64 FT ® ft AK INFLUENT FLOW RATE 0.94 GPM ® SUMP CYCLE TIME 10 MIN. m PUMP SYSTEN �jANUFACTURER MYERS ® SUMP MODEL N©. MG200-21P (§j R.P.M. 3450 ® HORSE POWER 2.0 ® ELECTRICAL--VOLTS/PHASE 230/1 FULL LOAD AMPS I5.0 START AMPS 51.9 Q� PUMP DISCHARGE SIZE 1-1/4' Q MIN. DIA, SULIDS GRINDER C) IMPELLER SIZE 5' 0 1� a z� z x� U �1 W � a t111114111(r!y I Y¢Nc �- -- . .IO i4me2 SHFET C2 1 „60 pCTECT[Ew TAPE PROV C IRENCx (SEE NOTE IP 6) SUPE AS REQ'D PROVIDE TRENCH-\, RENCCH �iMISFEE GPA➢E SLOPE AS REN i W �[ 15 6' MAK LAYERS OR OTNER 61PRoVEI MEIMAINTAIN TRENCH 1 9@%�CCNFAcTIONEVE VIE TN Z -O' AanV TBP OF PIPE (SEL NOTE 0 AA PRH PATER 6' MP BR % LEVii N.LFNABLE� f' -LAYERS ING CPNSIRUCTION AT 9@% 3/4' DIA REDDING RPCIL ]2' POC ]2' OR PEA ROC% ,/FERE ` le - UNDISTURBED x T NS REQUIRE OP W nl 0 SOIL TP T ELEVATION NOTES 1. II['IiGO SG uiL�61PlC ICwY10, 1E xav 1 As 9WII 1-1 _I" YrlxNr[9 B iMLTnIG WILL C,ERIREP M]F,EI - IN MIG (ASCI a ttXPACTIW PFxRPTABcs Luwm RESER m PILRRm *-sES bpw4Lµ mMR>o, MIS NLwW RPV lxR L[m BPEn Ixw NYa VlLuipP MFN6 X. E rB'l>d VIBPM RR RIM 2-Y. 6 Y vli< A,rCTtlx IRK vIM ,R1RLUC IM- FB BE INSIHLS➢ RVFB .:N, k -Lw SyMACL TM'E IB K we®-YWSIOY VARM LDC Lnw•, CAWnR1 xnlNOF { IW El1� VA- -1. SHAHS n+a -w 9MLL ALW K uSa CWIIx.AAY M Nl PRC RL BEIM. `-Mi. RL AEfTBRRTIR' IN EAR,Ox,T AN RIRRL BF -1 P YMN sSMRLB Bi o `xa norc- i r in°`c .Po a. ,AISR`bLauc_ is n� iFOAAN NANNY R. LIL PR[ TP I➢Gna a BF O,'P+Pu - IAX. BY —A', FIX FPOS - LE] K]/U(­ 101 TRENCH DETAIL —20DBrns:aswP UTADES e6TiNEE9 (UNPAVED EASEMENTS) M-1 TRQTN WIDTH -I MECHANICALLY PREACH WIDTH A/ x 4 XM WWI ISTING I SURFACE RESTORATIONE STING PP MEN1 1\'r[E[\ l2 r p jj IN I BASE REPLACEMENT 8 DETECTION TAPE DILTRROLf BASE of [SEE NOTE NO 0 !' � / - S% NX) S LETS A, W OLAYERS TO + ! (SEE NOTE 61 AOIEVC T@% CDPACIIW� y■■ =� . MA%SM.H VPTER LEVEL 11��+�-- 6' NAX ALLLAERS OWABLE OAR CUMING �l SII/ VSF_LC II( 4e AT S@% 3/4• RIA BEADING ROIL -' M'SPE IV -UND15-ort 'SOL MPE0. ROCK WHERE OA WHIRTIGNS REPUSRE TRENC] WIDTH _ 'w ELEVATION _ NOTES =SRL IIImm CMPOr K xnPPRI- Ar 4QeM AIBVE. PRPYWE AKImveR RE ma,R[ATIaL E LN£CTRO vlu % REnRgp RS 2[IN d I THE _lf,dl iS0.R R MXT (PALMAR frVAi K aRA BEPn vnMTA 1N3 NR SN1LL M,YE IAPPm ,x0 FGTM:IW .AIME. RiVY 1®e iIY.M P- IAxeMQARL MMPI R K O]vaN vePcmz vaml,Ares aGNn Isrw m uvnB T- £ RLL m aVM'AAAAAIIPI NV4L [oFLr ViTx A�ArI ALVEI [ONrr nm![ VOaOAR[ieOr LE1 X IEAIILLirA1 taYAcilfN IOM NL@NER EflBY TOS Livh NBILA Pxx WIa vllRSBrt x[M¢ ROOt vIBM 'AN •POB BS RIR P+M. B. Y YEE pE,iLTOn MAPF vtln r[TALLSE lAP4G TR lE PRTRLEB BVER 1 I' ]o.w LWSMZ. PE ,O NA RAR] a'G-N YArFA LPE E1M'. CnUPw FOe[C NAM •Y mT IW NA- WATER N13m-,BRIE Vdr LMvi1 IE uTEB ILEI srrArt x -18L 9. Wei ,,,AFM IN SrOLLSI Or AI OF Vay. Ix ILL PRS N TE LOGrLB NO OFT' -I= [LIKEO AnV[MGT. NLL 16&TWRTfRI [SWDP4 SIYLL E xSA fIITI I VIS MAd KX,M Nh�LCad1T TRENCH DETAIL" VH,MB EEli4NFE 0 CPAVED AREAS L SHOULDERS) M-2 FINISHED GRA SP PE TO OISTWCTIOR 36 IN) WVER� _ PRESSURE MAIN SEE 3 ` CENTER A FULL ENGTH Cr PIPE pDEFLE RILE AT TME P61HT CROSSING CTION ELEVATTON NOTES j)EL NEW CR ALLOCATED, UNDERGRBWB WATER MAINS CROSSING ANY EXISTING BR PROPOSED GRAVITY, VACUUM TYPE SANIT/diY SEVER, S,Q(M SCWEM OR PRESSURE TYPE SANITARY SEVER, WASTEWATER. STfX(NVATER FBRCE MAIN, OR PIPELINE IIINWEYING RECLAIMED WATER SMALL BE LAID SO THE [uTSIDE OF THE PWVE 0 WATER LEAST ID BELOW LEAST (OUTS= OF THE OTHER AND PIPELININCHES, E T Is PREFERABLE TO LAY THE WATER IOM ABOVE THE OTHER PIAELINE. ,AT UTILITY CROSSINGS, LONEOW FULL LENGTH PE INE SO MAIN PIPE SHALL BE CENTEftfD ABOVE OR BELOW SHE OTHER PIPELINE R THE LATER MATO AJOCNISLTERNATIVELY, Y, FAR AS POSSIBLE ROSSIN FPDX THE OTHER LL BE E. ALTEXI41T1VELY, 0.T SIICN CROSSINGS, THE PIPES SHALL T FROM ALL SO TM7JGQM ALL WATER RAIN JOINTS ARE SE LEAST THREE FEET TROP ALL ARY I V R $TURN SEVERS STURNVATLA AST T [N YACWH TYPO SPNIT E C S. S oR JOIN 5 SIXMAIN$ iR PIPELINES WNGRAVIT RECLAIMED WATER SND IT LEAST SEX FEC, FPLW ALL JOINTS IN GRAVITY I LINESUC O -E SANITARY SEVERS, WASTEVhTER FARCE MAINS, OR PIPELINES CONVEYING RECLAIMED YpIER. CONSTAUCT STANDAR3 CWSSING NOT TO EXCEED HANUFACIVRERS MAXIMUM JC1NT DEFLECTION. TSE OF THE `GT1£R METHODS OF RESTRAWT MAY BE USED AS APPROVED BY IRCDUS ENGINEERING. B SEE TRACCR WIRE DETAIL T-13 4'SMALL BE LOCATED A MININUN R A SE'ARATI N EQUAL TO THE DEPTH OF THE PIPE PLUS THE DIAMETER Of PE PIPE FROM ANY PERMANENT ABOVE GROUND STRUCtURES ONCIAL SEPARATION C"L TO FOUR 145 FEETREES, TRAASF""EP T PADS, ANY UN ERGROUNIUTILITIESD A MINIMUM O.E. GAS MAINS, TELEPHONE LINES, CABLE LINES, IRRIGATION MAIMS. ETC.) 'uvINA UTILITY CROSSING M4 nXJ m N'rt"ar iALEu a ca`r` srx,LVL�%1O'Lfr�� z �k Jx-Y I I Wrp � , SVKK[ �` TI-1II jjjj��[�rLVL IoM ua uLs IaIE n � iAtO1VILLMa1N _�TYPE MAAflv NOTES L ALL VRVE 6r5 HULL E et.YM.CLL ST£fL VLM RATS rRr1 2- MSIxvExl LRxB Nwalls AAE TP BE Vsfa BVER ALL VUVET RS [NHC,m rt PC-EUi OfF x -v S RLL VALVES MA6YE A 4, 1 LOG Ix G[QELS i MJMIIFS P. LCL ARE VIES APIA . IN S MMS ARE TB XE IPLRTF➢ d RORBVM YIPALL ID - RIE .-V 6 RE,lECiSVS NRIOIt Fab IRE Mauve IvnrFrB RUE v,TR �R� vALH - ,nn,E ] ort LIB LEAI[a R PRv[eFNI awL F£ A ImmlA M L6 WLR A World FB@I aLIR prgLr. AA LEB W:1T£RS MARRD •VR,TB','LLVER', nR]AS', 01 'EY11IL -AS {,LPhNPY.L B. L W 9ut1 CC -,Y 4IM STAx ICIU AS NRTUAFPLIC 9. vnLVETERI [trOLIOE w[R �' ISAU[YE S EM,IM'EROGNA wPERVRI. _ MVBG IDDrAITI VALVE AND BOX IM -5 -CONIINUUS /19 Sl50HOEB COPPER TRACE RPE kW1FlUAV VL RRMGiR t _ >t[ . . . . . . . ...... ...... l NOTES E°°"" TRACE WIRE s VI DETAILS M-13 x S4' XTAO{ ARA Tr Pxv Ll [ew A!",Mv[B RLRS R,R n R Y PDO[ RaPEIE rxp ,11 FAq � x -W z wxvL! AKAS [rra m m lax( nuc vPa v rx nerA Isom BL cIM m Le�WLs RM4,RI 4xus[•� ANLL K RLmI vLM @I FN,, 9 TT VEr Ar d [PORI[ M PLAN VI£1.1 NOES v v[ - LCCSNRT RE PR - rt,i - vAiEx - Dake MINS x i� vArER BIlQ%M I IN .-a RVEAS RIE x -R. TTPC IP A IMUS VN.VE RIBIC4rm R TB A PMUV3rtB GTA ix`11 E RICA YSIX PRbreAVLR£nMla BETOPPSIW [i[£ ERNRLC ,19vE1 x vyyE lal LIB LR:RR1 d PRvpnl DIN.L X R Roar LAa STAY+Jr raVFR. xpa54 d CSS. CCFARTM� CRF V'RIPS'. RIIt<EI YArRr wt MXICRR�L. BE N1YEa vPx IM,StD L[PFItP vA,Or. •RR'fN'. vALv�1oI� cons YNx rmr lrAxE,wBs R RBRLI[RV c m LE usLa L d rrx L eAvcB IR4AS, nc vRi%B FaX ane ,v raDVATIa, uuL eE Eva Wax ne Lux NLw IDM LAttRi O< AP1NLr TO LOVER 1K YLvr �t PM VIM 114 rYlq AYMVES IAYD! KIWI vRx NR Sm a TK VALVE 181E BRAVRO VALVE BOX PAD M�5 SANITARY SEVER F➢EP SEPERATI❑N REQUIREMENTS a a z° NEW OR RELOCATED ET,UNDERZIROUNDPRE WATER MAINS SHALL T LAID TO OUTSIDE A HORIZONTAL DISTANCE DF AT LEAST SIX FEET, AND PREFERABLY TEN FEET, BETWEEN THE OUTSIDE THE WATER MAIN AND O THE OUTSIDE DF ANY EXISIiNG OR PRf)POSED GRAVITY- GR PRESSURE-TYPE SANITARY SEWER, WASTEWATER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER NOT REGULATED UNDER ;'ART 111 0 OF CHAPTER 62-610, F.A.L. THE MINIMUM HORIZONTAL SEPERATION DISTANCE BETWEEN WATER KAINS AMC GRAVITY-TYPE SANITARY SEWER SHALL BE REDULEL TO THREE FEET WHERE THE BOTTOM OF THE WATER MAIN IS LAID AT LEAST SIX INCHES ABOVE THE TOP OF THE SEWER NEW OR RELOCATED, UNDERGROUND WATER MAINS CROSSING ANY EXISTING OR PROPOSED GRAVITY- OR VACUUM TYPE SANITARY SEVER SHAL BE LAID SO THE OUTSIDE OF THE WATER MAIN IS AT LEAST SIX INCHES, AND PREFERABLY l2 INCHES, ABOVE OR AT LEAST 12 INCHES BELOW THE OUTSIDE OF THE OTHER PIPELINE. HOWEVER, IT IS PREFFRABE TO LAY THE WATER MAIN ABOVE THE OTHER PIPELINE. FFMTTyyyeyy{ V) AT THE UTILITY CRUSSv INGS DESCRIBED ABOVE, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE T ; z CENTERED ABOVE OR BELOW THE OTHER PIPELINE SO THE WATER MAIN JOINTS VILL BE AS FAR AS POSSIBLE FROM THE OTHER PIPELINE. ALTERNATIVELY, AT SUCH CROSSINGS, THE PIPES SHALL BE ARRANGED SO THAT ALL WATER MAIN MINTS ARE AT LEAST THREE FEET FROM ALL JOINTS IN N VACUUM -TYPE SANITARY SEWERS. OR PIPELINES CONVEYING RECLAIMED WATER REGULATED uNDER PART III OF CHAPTER 62-610. FAC. AND AT LEAST SIX FEET FROM ALL JOINTS IN GRAVITY- DR PRESSURE-TYPE SANITARY SEWERS, WASTEWATER FORCE MAINS, OR PIPELINES CONVEYING RECLAIMED o WATER NOT REGULATED UIRER PART III OF CHAPTER 62-610, FAC. til ig�YTY"' � NO. IZ 4T ;• MEN _ v�.STi fEOF •. EEessri ! 8F$T C3 'W b AN tlN—II .NW Venn Ln. cW>Wtl l w ,eNN N S,+,h PE IF -enetl wMlr s, Tem N 5„xh PL tNRR 4acrMA(r . -WT. b _ _ _N, X c- -RNs Pv.MCE � ettre- vee _ e. war -- w w -­ dyer. ul - trues- aracPtl+• e, — — ,, ­ Y L,m•e,NY RTe1,4N.a auan a..-1 n .vu x S,e V- P P.f 4 - 1— La.• M - I.:_ n -TM, PL UTILITY NOTES a 1. THE CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL UNDERGROUND UTILITIES PRIOR TO EXCAVATION, 2. ..N...,� LR INSPECTION OR FAILURE TO INSPECT ANY MATERIALS OR WORKMANSHIP BY THE COUNTY OR OTHER AGENCIES SHALL IN NO WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY TO PERFORM THE SECTION WORK [M ACCORDANCE WITH ALL APPLICABLE PLANS, SPECIFICATIONS, ORDINANCES, REGULATItlNS "A� � sx r N. AND LAWS. 3. ALL DIMENSIONS SHALL BE VERIFIED IN THE FIELD BY THE CONTRACTOR AND IF ANY 4. RE DISCREPANCIES ARE DISCOVERED, THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY. ALL SANITARY SEWER FORCE MAINS SHALL BE CCNSTRUTED WITH A MIN OF 36' COVER.A A T A 5. SHGP DRAWINGS SHALL BE SUBMITTED FOR APPROVAL TO THE ENGINEER AND INDIAN RIViR COUNTY UTILITIES PRIOR TO FABRICATION AND INSTALLATION CLASS 1 CLASS2 S. THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND IRC UTILITY DEPT A MW. OF 48 HOURS m In FNCASrMLT PETAILS PRIOR TD THE START OF CONSTRUCTION, •` NOTES 7. ALL PRESSURE TESTS FOR FORCE MAINS SHALL BE COHPLETED BY THE CUNTRACTOR AT HIS 4 O}XLE�[ICATSYSMCsItMTMUL, G( xUuSNE RRlRr d[,a�SO EXPENSE. CONTRACTORSHALLCOORDINATED THESE TESTS WITH THE ENGINEER OF RECORD ,xRvRM LRD CVG .mINI[V[FKLVISSvVAGm K AmwV[TN A AND SRC UT[LITY DEPT. PRIOR TO THEIR COMMENCEMENT. CONTRACTOR SHALL PROVIDE _Lnmx a rePE mrteRn Rr -111=eW LxB R wrn,wa t�i,RRm.T�E�adNcc a,vcol vxru )nlx Me x,.Cl ENGINEER WRFTT N RESULTS OF ALL TESTING, Wi B. THE CONTRACTOR SHALL SUPPLY THE OWNER AND ENGINEER WITH TWO COPIES OF AS -BUILT 'uPlal"""iex�L`v"`Im"r«"H°Lh LsL CONSTRUCTION PLANS THAT SHOW THE CONSTRUCTED LOCATION OF ALL MAIN, FITTINGS, VALVES, IP - 4KM,RA K wovlK] ]PmrAll LATERALS, MANHOLES, AND OTHER WATER AND SEVER APPURTLNANCES. THE FORMAT FOR SAID m d MiuwcE vIM �Bf�IRPPROP,riiRaK E ,zxca >r�r,cr�G:m PLANS SHALL BE APPROVED BY THE ENGINEER PRIUR TO SUBMITTAL. �mem+wulr.. w� r BrP w mxua rxua-N .xi xm r® maw•ml 9. FORCE MAINS SHALL BE FLUSHED AT A MIN. VELOCITY 3F 2.5 FPS PRIOR TO PRESSURE TESTING, U U caw . „$ L UTILITY ENCASEMENT 10. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNER OF CHANGES OR i+y F ms's BEVIATIONS FROM THE ORIGINAL CONSTRUCTION PLANS PRIOR TO CONSTRUCTION AND SAID CHANGE OR DEVIATION. n 0 c 11- CONTRACTOR SHALL TARE ALL NECESSARY PRECAUTIONS TO SAFEGUARD EXISTING STRUCTURES, W UTILITIES, ROADWAYS AND INFRASTRUCTURE. ANY DAMAGES SHALL BE REPAIRED BY THE CONTRACTOR AT HIS EXPENSE. w v j 12. TRACE WIRE SHALL BE INSTALLED OVER ALL SEWAGE FORCE MAINS. 614 SINGLE CCNDUCTOR COPPER TRACE WIRE SHALL BE AFFIXED TO THE TOP 3F THE PIPE. SEE TRACE WIRE DETAIL FOR SPECIFICATIONS. rnn e� 13, THE OWNER WILL PROVIDE THE CONTRACTOR A BASELINE AND BENCHMARK FOR THE E..I D CNTRAC7GYS USE IN CONSTRUCTION OF UTILITIES. THE CONTRACTOR SHALL PERFORM, AT HIS }.� O DOWN EXPENSE ANY ADDITIONAL SURVEY WORK SUCH AS GRADE STAKES, OFF -SET STAKES AND hl V CUT SHEETS, V l4. FORCE MAIN SHALL BE PRESSURE TESTED THE SANE AS WATER MAINS, EXCEPT THAT THE rr TEST PRESSURE SHALL BE 100 PSI. 15, FORCE MAIN PRESSURE TESTS SHALL BE COMPLETED IN THE PRESENCE pF THE ENGINEER n O OR HIS REPRESENTATIVE. FOR TWO f25 HOURS IN DURATION OR AS ACCEPTABLE TO INDIAN ry RIVER COUNTY UTILITIES AT AN AVERAGE PRESSURE OF 100 PSI. ALLOWABLE LEAKAGE WILL BE COMPUTED BASED ON AVWA 0600 FOR DIP AND AWVA C6C5 FOR PVC, V N $ L = MUP1/2 WHERE L = LEAKAGE ALLOWABLE (GPH) o 7,400 N - NUMBER OF JOINTS B - NORMAL DIAMETER (INCHES) u n P = AVERAGE PRESSURE (PSI)cm 16. THE BACKFILL OVER ALL SANITARY SEVER FORCE MAINS THAT IS TO BE + INSTALLED UNDER PAVING IS TO BE COMPACTED IN 12' LIFTS MAX. TO A MIN. DF 95% MAXIMUM a DENSITY WITH A MECHANICAL TAMPER OR OTHER REAMS ACCLPTABLE TO THE ENGINEER. THE CONTRACTOR SHALL PROVIDE THE ENGINEER WITH COMPACTION TEST RESULTS AT 404' INTERVALS AT HIS EXPENSE BASED ON AASHTC T-190 WCCIFICATIEINS. 17. THE CONTRACTOR SHALL CALL 'SUNSHINE STATE ONE CALL OF FLORIDA, INC' AT 1-800-432-4770 PRIOR TO ANY EXCAVATION. ITS THE LAW IN THE STATE ult FLORIDA. le 2' POLYETHYLENE TUBING SHALL COMPLY WITH APPLICABLE REQUIREMENTS FOR PE -3408 EXTRUSIDN CDMPtluND POLYETHYLENE PLASTIC MATRIAL AS STATED IN AWWA C -901 -BB, 0 OR LATEST REVISIDN, AND SHALL COMPLY WITH THE FOLLOWING TUBING SHALL HAVE A WORKING IrLT�y' .4' F AND SHALL BE GLASS SMOOTH AND SHALL BE FREE FROM BUMPS RE QF 2 OO PSI AT 73N0 L RREGULARITIES. TUBING DIMENSIONS AND TOLERANCES SHALL CORRESPOND WITH THE VALUES AND IR LISTED IN ASTM D-2239, WITH A STANDARD DIMENSION RATIO (SDR) OF 9. TUBING SHALL BE O FULLY LABELED WITH BRAND NAME AND MANUFACTURER, NSF SEAL, SIZE, TYPE OF PLASTIC MATERIAL AND ASTM DESIGNATION WITH WHICH THE TUBING CQMPLiES. JOINTS FOR POLYETHYLENE TUBING SHALL BE OF THE COMPRESSION TYPE, UTILIZING A TOTALLY CONFINED GRIP SEAL AND COUPLING NUT. STAINLESS STEEL TUBE STIFFENER INSERT SHALL ALSO BE USED FOR RE. TUBING TT1 19. SERVICES. CD ALL 4'87 SLH 40 PVC SAN. SEWER UTILITY NSTkuCT[pN FROM THE EX. BUILDING TO LIFT STATION A AND I'0 SCH 40 PVC WATER SERVICE LINE FROM THE METER TO THE RESIDENCE SHALL MEET THE REQUIREMENTS OF THE 2010 FLORIDA PLUMBING CODE, SANITARY SEVER F➢EP SEPERATI❑N REQUIREMENTS a a z° NEW OR RELOCATED ET,UNDERZIROUNDPRE WATER MAINS SHALL T LAID TO OUTSIDE A HORIZONTAL DISTANCE DF AT LEAST SIX FEET, AND PREFERABLY TEN FEET, BETWEEN THE OUTSIDE THE WATER MAIN AND O THE OUTSIDE DF ANY EXISIiNG OR PRf)POSED GRAVITY- GR PRESSURE-TYPE SANITARY SEWER, WASTEWATER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER NOT REGULATED UNDER ;'ART 111 0 OF CHAPTER 62-610, F.A.L. THE MINIMUM HORIZONTAL SEPERATION DISTANCE BETWEEN WATER KAINS AMC GRAVITY-TYPE SANITARY SEWER SHALL BE REDULEL TO THREE FEET WHERE THE BOTTOM OF THE WATER MAIN IS LAID AT LEAST SIX INCHES ABOVE THE TOP OF THE SEWER NEW OR RELOCATED, UNDERGROUND WATER MAINS CROSSING ANY EXISTING OR PROPOSED GRAVITY- OR VACUUM TYPE SANITARY SEVER SHAL BE LAID SO THE OUTSIDE OF THE WATER MAIN IS AT LEAST SIX INCHES, AND PREFERABLY l2 INCHES, ABOVE OR AT LEAST 12 INCHES BELOW THE OUTSIDE OF THE OTHER PIPELINE. HOWEVER, IT IS PREFFRABE TO LAY THE WATER MAIN ABOVE THE OTHER PIPELINE. FFMTTyyyeyy{ V) AT THE UTILITY CRUSSv INGS DESCRIBED ABOVE, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE T ; z CENTERED ABOVE OR BELOW THE OTHER PIPELINE SO THE WATER MAIN JOINTS VILL BE AS FAR AS POSSIBLE FROM THE OTHER PIPELINE. ALTERNATIVELY, AT SUCH CROSSINGS, THE PIPES SHALL BE ARRANGED SO THAT ALL WATER MAIN MINTS ARE AT LEAST THREE FEET FROM ALL JOINTS IN N VACUUM -TYPE SANITARY SEWERS. OR PIPELINES CONVEYING RECLAIMED WATER REGULATED uNDER PART III OF CHAPTER 62-610. FAC. AND AT LEAST SIX FEET FROM ALL JOINTS IN GRAVITY- DR PRESSURE-TYPE SANITARY SEWERS, WASTEWATER FORCE MAINS, OR PIPELINES CONVEYING RECLAIMED o WATER NOT REGULATED UIRER PART III OF CHAPTER 62-610, FAC. til ig�YTY"' � NO. IZ 4T ;• MEN _ v�.STi fEOF •. EEessri ! 8F$T C3 'W b AN tlN—II .NW Venn Ln. cW>Wtl l w ,eNN N S,+,h PE IF -enetl wMlr s, Tem N 5„xh PL tNRR 4acrMA(r . -WT. b _ _ _N, X c- -RNs Pv.MCE � ettre- vee _ e. war -- w w -­ dyer. ul - trues- aracPtl+• e, — — ,, ­ Y L,m•e,NY RTe1,4N.a auan a..-1 n .vu x S,e V- P P.f 4 - 1— La.• M - I.:_ n -TM, PL Ona SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY AGENDATRANSMITTAL CRA MEETING DATE: 26 July 2017 AGENDA ITEM TITLE: Fagade, Sign & Landscaping (FSL) Grant RECOMMENDATION: Review the grant application and consider. BACKGROUND: In accordance with the Facade, Sign, and Landscaping (FSL) Grant program, eligible signage and landscaping improvements may be considered for 50% of the costs, up to $7,500. Eligible exterior facade improvements (including signage and landscaping) may also be considered for 50% of the costs, up to $15,000. Capt. Hiram's North, LLC, owner of the Best Western Hotel located at 1655 U.S. Highway #1, has applied for a FSL grant to replace the panels of the hotel's existing signs with an updated design and new colors. Section 2 - Eligible Improvements, of the FSL Grant Application, lists "New signs as part of an overall improvement program for an existing improved property and removal of existing non -conforming and blighted signs" as an approvable project. However, Section 4 — Available Funding and Matching Requirement states "An individual business will be eligible for one sign only, except where more than one non- conforming or blighted sign is being replaced." The applicant has requested expedited processing of the application. Consideration may be given that, although no non -conforming or blighted items are being replaced, new signage is being proposed that will refresh and update the site, therefore, Staff is recommending approval. If approved, award Best Western Hotel @ 1655 U.S. Highway 91, 50% of the costs, up to $7,500, for sign re -facing as shown on Persona Signs Design #154735-R1 If A-aenda Item Requires Expenditure of Funds: Total Cost: $7,500 Amount Available: $86,726 If Cost Requires Appropriation: NIA Administrative Services Department/CFO Review: -1 ATTACHMENTS: City Manager Authorization: Date: 20 July 2017 1. FSL Grant Funds Summary to Date 2. Application and backup material 20 of 124 MiX sE�T" 4L `.+�r!- - - - HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY Facade, Sign, & Landscape Grant Program Summary To Date FiscalYear/Awarded to: Funds Available Funds Awarded Funds Awarded and Disbursed but not yet Disbursed 2005/06 $30,000 Buena Vista Eyeland $6,050 2006/07 530,000 I Wendy's $3,251 H.A.L.O. $15,000 Professional Title (expired) $0 f 2007/08 $30,000 Keg Shack $5,005 Sebastian Executive Plaza $4,000 Anchor Plaza $7,500 Captain Hiram's $15,000 VFW $6,775 1 2008/09 530,000 2009/10 $30,000 Jerry Smith Tile $6,581 Sebastian Antiques $6,389 Island Tropical Smoothie $4,744 (tree removal) $350 Southern Sisters — Phase 1 $7,500 Southern Sisters — Phase II $2,463 Maxwell Plumbing $14,569 1 21 of 124 FiscalYear/Awarded to: Funds Available ! Funds Awarded Funds Awarded Sebastian Vacation Rental and Disbursed but not yet Alpha Hardware I Disbursed 2010111 $30,000 Earl's Hideaway $7,500 Riverfront Chill & Grill $7,000 Philipson/920 Plaza $7,500 f River Grille $3,398 Kim Ellis Insurance $4,400 Fountain Plaza $7,436 Squidly Books $5,500 I Washington Plaza $7,500 Professional Title $6,859 H.A.L.4. I $3,717 2011/12 $20,000 j Clark Water $5,500 Tire Kingdom $3,750 Riverfront Auto $6,541 Tiki Bar & Grill $13,083 2012113 $26,000 Sebastian Vacation Rental $15,000 Alpha Hardware I (withdrew) $0 1 2013114 $30,000 I River Park Plaza $7,500 Buried Treasures (withdrew) $0 River Park Plaza $7,500 Businesses 12014115 Diesel Power Pro $6,718 1 Diesel Power Pro (expired) $0 Tiki Bar & Grill 57,500 2015116 $40,000 Acorn Mini -Storage (expired) $0 Capt. Hiram's $7,500 1 709 Washington Street $2,695 2 22 of 124 Fiscal Year/Awarded to: Funds Available Funds Awarded and Disbursed 2016117 $40,000 Best Western Hotel TOTALS TO DATE $336,000 $249,274 Funds Awarded but not yet Disbursed Total funds in program $ 336,000 Less funds awarded and disbursed 249,274 Less funds awarded, but not yet disbursed *7,500 Available Funds to be Awarded S79.226 *Proposed - Grant decision pending (As of 7126117) 3 * .7,500 *,7,500 23 of 124 FAPADE SIGNAGE AND LANDSCAPING GRANT FACADE IMPROVEMENT GRANT PROGRAM 1. Project Location _ �L Address of Property to be improved: �� G�1 ���_� -,�_� 1�sl Assessor Parcel Number(s): �{ -�R-C-`�1-���-��L33 7 Name of Business(es) in Project:.�tcT" I Building Frontage Measurement of Project: 2. Applicant Information Name:1T Mailing Address: City: (] Yl State: Zip: 7�-� Phone: Email: Do you Own, Rent or lease the subject property? *If you are not the owner, the owner will need to co-sign this application. 3. Businesses or Services Offered on Site: 4. Description of Proposed Improvements: �3 - Approved by CRA 6112106, rev. 06/20/07, 09123/09, 03112114, 12110/14, and 4/28/17 Page 7 24 of 124 FA9ADE SIGNAGE AND LANDSCAPING GRANT 5. Please identify` ways in which this project supports the Overlay District Concepts ( 1_,�.d� vt-C. (A 0-k L -k r � I-') 6. Submittals Applications must include the following materials, if applicable, for consideration by the City: Current Photo(s) of project site Assessor parcel number and proof of paid property taxes Applicant Information Listing of businesses or services offered on site Description of proposed improvements Identification of project's support of the Overlay District Current Occupational License Rendering or sketch of proposed improvements Architectural plans - elevation drawing, dimensions, measurements, etc Color and material samples Sign/Awning design drawings and/or plans Documentation of cost estimates -- copies of vendor bids, estimates, etc Signature of Property Owner and Applicant Applications lacking sufficient materials to describe the project will NOT be reviewed. Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, and 4126117 Page e 25 of 124 FAPAD,E SIGNAGE AND LANDSCAPING GRANT 7. Estimated Costs and Timing Please provide copies of three vendor bids/estimates or other documentation of cost estimates for all proposed facade work. a. Window or Door Replacement b. Exterior paint or siding c. —Signage d. Exterior Lighting e. Facade/Exterior Architectural Improv. f. Architectural/Design Fees g. Landscape/Hardscape Improvements h. Awnings or Shutters i. Building Permit/Planning Fees j. Other Proposed Improvements (specify) TOTAL ESTIMATED COST V Estimated Days/Months for Completion C.p S. Signatures N Signed Signed: Property Owner(s) Signature(s) This Section for City Use Amount Received: Date Reviewed: Recommendation to CRA: Action by CRA: Applicant(s) Signature(s) Approved by CRA 6/12/06, rev. 06/20/07, 09/23/09, 03/12/14, 12/10/14, and 4/26/17 Page 9 26 of 124 persona SIGNS I LIGHTING I IMAGE Location Information: BWPLU - Sebastian, FL 1655 US Highway 1 SEBASTIAN, FL 32958 Stare#:10338 Distributed by Sign Up Company 700 - 2155 Street Southwest PO Box 56 Watertown, SD 57201-0056 CONTRACT P: 800-843-9888 F: 800-843-9890 Buyer Information: Quote Date: 06/29/2017 BWPLU - Sebastian, FL Project #: 154735 1655 US Highway 1 Quote #: 45803 SEBASTIAN, FL 3295E Contact: Salesperson: Terms: P-50150 DOWN Melissa Schmiedt mschmiedt@personasigns.com QTY ITEM Unit Price Total Price 1 Best Western PLUS (VN -55) 9'1" X 6' Digitally Printed Flexible Face LED Pylon Sign with two $5,435.39 $5,435,39 lines of location specific copy j 1 Best Western PLUS 18" LED Raceway Channel Letters with 4'1" Lop_ o, grey/cranberry faces $4,384.77 $4,384.77 1 Best Western PLUS (V-20) 55" X 37' Rigid Face Wall Sign 51,688.58 $1,688.58 Signage Total: $11,508.74 Freight: $2,608.00 Installation: $9,056.00 Tax (Taxes are subject to the tax rules and rates in effect at the time the order is invoiced.): $0.00 Discount: ($43.01) Total Estimated Project Costs: $23,129.73 Payment Options Amount required to place order: $11,564.87 Remaining balance prior to shipment: $11,564.86 Leasing 4tlons available. Please sk elissa hmfedt for more details. I Approved by: �..� � Date: o Page 1 of 6 27 of 124 EXISTING: SIGN SIZE 8'-O'TALL x 6'-O' WIDE 9'-O" OAH fV r N PROPOSED: SIGN SIZE GRAPHIC DETAIL APPROVAL BOX SCAu- 3/8•-1-0' CUSTOMER APPROVAL NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation customer. Date: Noriamd Fly Hple;pawpewpn6evRt blgrp�ragrc4++gNvkawea�nsadedr�4mc DIMMUrEDBYSIGN UPCGMPANY BEST WESTERN PLUS 03/08/17 I IDV �ru®�� « paw��nns��a,armAceim.t��e� 70021st streetsa ithwest Location: File Name: Eng: persona PD X210 Watu210 SEBASTIAN, FL 154735 - R1 - SEBASTIAN, FIL I _ SIGNS I LIGHTING I IMAGE 1.800awn5057204 .per 1.800.843.9888 • www.persana�.,igns.cam EXISTING: LOGO SIZE 3'-O' TALL x 3' 6" WIDE LETTERS SIZE 2'-6* TALL x 8-O" WIDE r. s:" EI�� Wil. r�"_� '�r•±` � Be s t i �,�. •I� • P�� :Y � � t al e.r,. ^' L aft •. s H PROPOSED: 17-91/16' r �� 1-4--19/1 , '-19/16" — iv r a 1 Western PLUS GRAPHIC DETAIL APPROVAL BOX - PLEASE INITIAL SCALE -1/4' -TO" CUSTOMER APPROVAL N) NOTE: Elevation drawings are for customer appfoval only, drawings afa not to be used as any installation guide, all dimensions must be verified before inswILition Customer. Date: Preparedey; Nola: canrwatpylgtrWarmMnagvpMyeMrda gNalnllxenllGrchmsnarrll DISTRIBUTEDBYSIGNUPCOMPANY BEST WESTERN PLUS 03/01/17 IpV rQAdmtklsreaonnrm�atrtmPrdrhoac,vlllswararaeraerao-atywr5radt 1o023ststreetSaMwast Location: File Name, Eng: persona PO Bax 210 � SEBASTIAN, FL '154735 - R1- SEBASTIAN, FL I _ SIGNS I LtGKMG I IMAGE 1r er aa8aa Bsa a �.2pe�r:«ws*mcom W, • EXISTING: LOGO SIZE 3'-0" TALL x 3'-6' WIDE PROPOSED: SIGN SIZE GRAPHIC DETAIL APPROVAL BOX - PLEASE INITIAL SCALE 1/2- 10CUSTOMER APPROVAL NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation. Custamer. °ate: prepared By: Nate.entreupw,■yictymay`am+�tstcptug�srt+�gN�isdan�shmenamrDISTRIBUTED BY SIGN UP COMPANY BEST WESTERN PLUS 03/01/17 IAV tee..eun+n tp,.P aw.arresrn�fe .nuaiaa+grb, MO2ffitSueetSaurhvmst LapUnre He Name: �9; 1perso—na Wat�i� SD 57201-0210 SEBASTIAN, FL 154736 - R1- SEBASTIAN, FIL _ SIGHS I LIGHTINGI IMAGE 1.900343SKIS -wwwpermiasl9mcom BEST WESTERN PLUS SEBASTIAN, FL EXISITING SIGNS: O 8'G- TALL x 6=0' WIDE Q SIGN 3'-0' x 3'-G' LETTERS 2'-6' x &-0" O3'-0' x 3'-G' 0 T--6' x W-3' PROPOSED SIGNS: O 7-21/2"x 4'10 1/16' Q 18'2 -LINE LINEAR LETTER SET Q 5'-S' x 3'-S' O EXISTING SIGN TO BE REMOVED AND NOT REPLACE OR O T-6' x 41-3' FRANCHISEE IS RESPONSIBLE FOR REVIEWING READABILITY AND VISIBILITY FROM LOCAL ROADWAYS CUSTOMER APPROVAL W NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation Grammer. bats fPrepared By: Xou tatrMu[rp�a4aa'I�+eycpMaglb�.g Nwb.wl+eHdshdwlprM1 OISYRIBUIEb BYSIGNUPcM4PANY O� BESTWESTERNPLUS 03/08/17 I 1DV n � �� r v � +���, et�m.ry�ee.ee �bbzlnso-eessannw NLoner an: File Name: Eng; persona W�r� Sa561-0M � SEBASTIAN, FL 154735 - R1- SEBASTIAN, FL I - SIGNS I LIGHTING I IMAGE 1.80D.843.e888 • wnepersonasigna,com MT SE T_" CAPTAIN HIRAM'S HOTEL Na:4209 NORTH, LLC })O PELICANISLANDDate: 9/19/2016 BI)ILDTNG DEPARTMENT (772)569-4345 4225 MAIN STREET • SEBASTIAN, FL0R1DA32958 TELEPHONE: CM) 583-SS37•FAX {772)58}2566 LOCAL BUSINESS TAX RECEIPT Tax Year October 1, 2016 to September 30, 2017 1655 US HWY 1 Address: SEBASTIAN FL 32956 Activity: HOTEL/MOTEL/BED & BREAKFAST Invoice # 16-0656 Buslness Tax $217.80 BEST WESTERN HOTEL & SUITES Total Paid $217,80 CAPTAIN HIRAM'S HOTEL NORTH, LLC Issued to: 1655 US HWY 1 5I:BAS7IAN FL 32958 NON -TRANSFERABLE Linda M. Lohsl, CBTO 32 of 124 o � b I A I t Ul- I-LUKRJA { ° DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .� DIVISION OF HOTELS AND RESTAURANTS 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1011 CAPTAIN HIRAM'S HOTEL NORTH CAPTAIN HIRAM'S HOTEL NORTH 1606 INDIAN RIVER DR SEBASTIAN FL 32958 Congratufationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto wwwmyfloridalicense.com. There you can' find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is. License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations an your new license! 350-487-1395 ---...DETAGH-HERE..... ..--'— '- ......._ RICK SCOTT, GOVERNOR MATILDE MILLER, INTERIM SECRETARY �-"-DEt?ART'MENT OP BL 'SlATE-61F F[ORIDA, Q:A �h r ��'...L.+�1 ..5 1 fSi9�ESS"Nl] PROF,,ES3IOIJA`:R-EGUL•;�T[O1 ���y\', ,• ' '�'•1- ��4'+�.�������~ ���-�4���,•4*.� � ��. NON- '- . TRANSFERABLE. 4 RE .� �, ft i 6 4 1 ISSUED: 03/1212017 DISPLAY AS REQUIRED BYLAW SEQ# L17031200 21V Indian River County Tax Collector: Payment Confirmation Page 1 of I Indian River County Tax Collector: Payment Confirmation From: no-reply@payment-express.net Sent: Man, Nov 28, 2016 at 4:48 pm To: diafortune@hirams.com Thank you for your payment. Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Confirmation # 53063860962 Items Paid Transaction Details items Payment Date:11/2812016 4:48 PM EST Item Description Amount Transaction 9:2148893 Real EstateAcc# 30-38-21-00001-9999-0003310 Bill Yr: 2016 Regular Due: 0313112017$ 25,462.97 Recipient: Indian River County Tax Collector Location: Intemet Payments Received Via:Online Payment Account Paid e -check pnc "'1400 $ 25,462.97 Paid 8y Total Charged: $ 25,462.97 Captain Hirams Hotel North, LLC dlaiortune@hirams.com The payment will appear on your statement as "INDIAN RIVER TAX COLL". For more information on payments handled by the tax collector, please visit our website at httpa.4vww,irctax.com. 34 of 124 https:l/apps.rackspace.com/versions/webmail/12.9.4-RC/popup.php?wsid=762f5d6eb6be 1... 7/12/2017 onOF SEBA!ST_V ;;gs;�w HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 12, 201' - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular City Council meeting to order at 6:00 p.m. 2. Pastor Karen Leedahl of Christ the King Lutheran Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen Citv Staff Present: City Manager Joe Griffin City Clerk Jeanette Williams Acting City Attorney Cynthia VanDeVoorde Hall in Robert A. Ginsburg's Absence Administrative Services Director Ken Killgore Airport Director Scott Baker Director of Golf Greg Gardner Procurement Manager Randy Moyer Deputy Police Chief Greg Witt 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. 17.120 A. Proclamation — Treasure Coast Waterwav Cleanup Week — July 24-29, 2017 — Michele Miller. Director of Operations, Marine Industries Association of Treasure Coast Mayor McPartlan read and presented the proclamation to Steve Haigis from the Marine Industries Association. Mr. Haigis reported the good news is that there is less trash to pick up and he hopes not to be needed one day. He invited everyone to the cleanup on July 29, 2017 from 8:00 a.m. to 12:30 p.m. Brief Announcements Christmas in July— Shop with a Cop Event, July 22, 2017 from,9 10 a.m. to 4 2 p.m. Mayor McPartlan announced the Christmas in July event. Vice Mayor Coy thanked the Lions Club, City Employees and Police Department for a phenomenal 4th of July celebration. 35 of 124 Regular City Council Meeting July 12, 2017 Page Two 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. A. Approval of Minutes — June 28, 2017 Regular Meeting 17.121 B. Award Continuing Professional Engineering Services Contracts to MBV; Dredging & Marine Consultants; CWT Engineering; and, Schulke, Bittle & Stoddard for Three Years with Two Optional One Year Extensions (Transmittal, Scoresheet, Agreement) 17.122 C. Approve the Purchase of Two Dell PowerEdge R730 Servers from Dell, Inc. Under the Florida DMS Contract #43211500-WSCA-15-ACS in the Amount of $19,998 (Transmittal, Quote, Contract, Certificate) 17.123 D. Approve First United Pentecostal Church of Sebastian Gospel Music Event at Riverview Park on Friday, July 28, 2017 from 6 p.m. to 9 p.m. (Transmittal, Request, Applications, Agreement) Ms. Kinchen asked to pull Item B. MOTION by Mr. Dodd and SECOND by Mr. Hill to approve consent agenda items A, C, and D. ROLL CALL: Motion carried 5-0. Item B Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan - Aye Mr. Dodd —Aye Ms. Kinchen —Aye Ms. Kinchen stated CWT Engineering is only one month old and didn't feel the firm should be considered amongst the firms with more employees and experience to their credit. The City Manager stated Frank Watanabe of CWT Engineering was a City employee until July 3`d who was involved in 27 open projects and for continuity sake; he requested approval of the CWT Engineering contract. Mayor McPartlan noted that prior to coming on staff, Mr. Watanabe had a similar relationship with a firm the City utilized and did superior work. MOTION by Mayor McPartlan and SECOND by Vice Mayor Coy to approve item B. ROLL CALL: Motion carried 4-1. Mr. Dodd — Aye Mr. Hill -- Aye Ms. Kinchen — Nay Mayor McPartlan — Aye Vice Mayor Coy — Aye 36 of 12� Regular City Council Meeting July 12, 2017 Page Three Mr. Dodd noted it would behoove the City to have Mr. Watanabe continue the recovery of the $1.6M from FEMA for the dock repair. John Tenerowicz, 310 S. Wimbrow Drive, said he asked Mr. Watanabe about the dog park that was not addressed and now he was being brought back at more money. Since he was a former employee, he suggested the City bring him back as a parks foreman. 8. COMMITTEE REPORTS & APPOINTMENTS - None 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 17.084 A. Aoorove and Authorize the Citv Manager to Negotiate with Dredqinq & Marine Consultants (DMC) for Enqineerinq and Desiqn Services for the Earth Embankment Proiect (Transmittal, Minutes Excerpt, RFQ, Aqreement) The City Manager said he was instructed to come back with a design of embanking the earth on the southern seawall and DMC was the sole bid response. He recommended approval noting if construction is needed, the same company could do this under the continuing services agreement previously approved. MOTION by Mr. Dodd and SECOND by Mr. Hill to approve and authorize the City Manager to negotiate and approve a contract within his spending authority with Dredging & Marine Consultants for the engineering and design of the project. ROLL CALL Motion carried 5-0. Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan - Aye Vice Mayor Coy — Aye Mr. Dodd —Aye 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Marvin Moffett, Palm Bay, said he was the founding president of Broken to Mended, Inc. who provides tutoring mentoring counseling and scholarships to school aged kids free of charge. His board of directors would like to know if the City would be interested in partnering with any available funds/donate land to build a building and provide a safe haven for children. Faye Campagna said she lives in an older section of Sebastian where the neighborhood is turning around and requested assistance to begin a neighborhood watch. Mayor McPartlan advised her to contact the City Manager and Chief of Police. John Tenerowicz, 310 S. Wimbrow Street, said for the last two days, the railroad arms have been down on the east bound and west bound of CR512 and at Main Street; it takes FEC 45 minutes to respond when the arms are stuck down and asked if anything can be done. The City Manager responded that he put in a call to FEC and will see what happens. 37 of 12,f Regular City Council Meeting July 12, 2017 Page Four Jim Sunnycalb announced the 4th of July Parade could be seen on the Sebastian Bark Park website; and, the heat signs were still available. Vice Mayor Coy said there is also a copy of the parade on YouTube. 12. NEW BUSINESS 17.023 A. Set Proposed (Maximum) Millaqe Rate for FY17/18 Submission of DR420 to Prooertv Appraiser (Transmittal. Forms DR -420, DR-420TIF. DR-420MM-P) 6:52 pm The Administrative Services Director explained this is the point in the budget process that the City needs to set a proposed millage rate and displayed a PowerPoint presentation. (See attached) He described the differences from the FYI 6/17 Budget, employee changes, and the transfer of funds for road and Lagoon improvements. He reported that the rolled - back rate is 3.4939 but that staff provided a balanced budget based on a 3.4 millage rate. He suggested the City should look at the impact of the additional homestead exemption that will probably go into effect three years from now. Given the unknown cost of the outstanding labor negotiations, a possible increase in employee health care and possible unforeseen events, staff recommended setting the proposed millage rate at 3.8. Ed Herlihy, Vice Chairman of the Citizens Budget Review Advisory Board, presented a PowerPoint presentation explaining what the Board has considered. (See attached) He said if the millage rate is left at 3.8, it will raise an additional $464,000 but with the fantastic job by City staff, the budget is balanced with a lower rate. He said the Board recommends a 3.4 millage rate but for the DR420 set the maximum rate of 3.8. Mr. Herlihy noted every citizen will probably vote for the additional homestead exemption and taxes will have to be raised. He said the Board discussed the establishment of a cushion during the next three years to ease the burden of that lost revenue and asked Council to consider such a cushion over the summer. Mr. Dodd said the Board motion made Monday night included the recommendation to set the DR420 at 3.8, they supported the balanced budget at 3.4 and asked Council to consider the impact of the homestead exemption change but did not approve the creation of the fund to address the homestead exemption. MOTION by Mayor McPartlan and SECOND by Vice Mayor Coy to set the TRIM notice at 3.8. Mr. Hill said setting the maximum millage rate and then going back to 3.4 because there are other things to discuss spending money on is a complete dishonest statement to the public; staff did a yeoman's job of producing a tax cut; this happens every year; he would not vote to set the maximum rate above rolled -back rate because that indicates they may increase taxes when they have a budget that decreases taxes. Mr. Hill said he would propose to go to rolled -back and then get below that; Council has the ability to adjust the unknown staff increase and health care expense; the homestead exemption loss could be made up by incremental increases; next year's budget is based on what they do tonight and what they adopt. He would not support the motion. 38 of 124 Regular City Council Meeting July 12, 2017 Page Five 7:00 pm Mr. Dodd suggested they should deal with the difference between the 3.4 and 3.8 millage rate, noting if the City Manager is planning a 3% salary increase and for Council to say that is incorrect makes his negotiation difficult. The 10% health insurance increase may be in line with what is happening in the industry and they can negotiate or find another carrier to reduce the increase. He then explained rolled -back is not a term that defines a lower millage rate than what you charged last year but a term that defines a millage rate that is required for the City to collect the revenue that we collected last year_ In 2019, the Property Appraiser will give the City a rolled -back number that is greater than what was collected in 2018, so in 2019 the rolled -back rate will be a tax increase. He said a 5% health insurance increase could be covered by a 3.5 millage rate which tells everybody the City is thinking about that but not the $600,000 increase from a 3.8 millage rate. He offered an AMENDMENT to the motion that Council adopt a 3.5 millage rate for the DR420 form. Mr. Hill noted the rolled -back rate is 3.4939 which would essentially generate the same amount of revenue. Attorney Hall advised they should first vote on the amendment and then the prime motion as amended. Mr. Hill SECONDED Mr. Dodd's amendment. Vice Mayor Coy said the assumption that government doesn't need a little more each year to function is a flawed and inappropriate since things get more expensive. She said for the 13 years that she has been serving, she has found people amenable to raising taxes to accomplish their requests. People are not telling her that they pay too much taxes but asking her to fix the lagoon or their road. She also supported the idea of a homestead exemption cushion, at least until they see how much the insurance increase will be and noted it would be an unfair labor practice for the City Manager to guarantee a certain increase for the employees. She said any surplus could be used towards moving the Public Works Compound to the Airport. She supported setting the millage rate at 3.8. Ms. Kinchen said she agreed with Mr. Hill and Mr. Dodd. Mr. Dodd stated in the presented budget, there is $400,000 to do the engineering study to move the Compound; the City Manager and Chief Financial Officer have put together a 3.4 budget that covers everything the City would like to do, if they move to 3.8 they are signaling that it will be 3.8 in September and he is not willing to accept that. Vice Mayor Coy offered that if the cushion was set aside they would not need to raise taxes two years from now. Mayor McPartlan said they don't know the exact number of the pay increase or health insurance cost and if more is needed after setting the rate at 3.5, they will have to send out TRIM notices to every resident within the City. They are only setting the maximum rate at this point. 39 of 124 Regular City Council Meeting July 12, 2017 Page Six Mr. Hill said if citizens decide to increase the homestead exemption, the rolled -back rate will be presented at that time and taxes will have to be raised. ROLL CALL: Mayor McPartlan - Nay Vice Mayor Coy — Nay Mr. Dodd — Aye Mr. Hill — Aye Ms. Kinchen — Nay Amended motion to set the maximum millage rate at 3.5 on the DR420 form failed 3-2. ROLL CALL: Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Nay Mr. Hill — Nay Motion to set the maximum millage rate at 3.8 on the DR420 form carried 3-2. 17.124 B. Award Construction Services Aqreement for Golf Course Clubhouse Restroom Renovation/Remodel to L. H. Tanner Construction, Corp. in the Amount of $38.987 and Authorize the Citv Manager to Execute Aporor)riate Documents (Transmittal. Invitation to Bid, Bid Tab, Aqreement) The City Manager said staff went out to bid, L.H. Tanner was the low bidder and recommended approval. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve staff recommendation. ROLL CALL: Motion carried 5-0. Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan - Aye Mr. Dodd —Aye Ms. Kinchen —Aye 17.125 C. Consider Allowing Provertv Owners to Serve on Citv Boards and Committees (Transmittal. Applications, Advertisement) The City Clerk explained that she received an application from a property owner that requested to sit on the Parks and Recreation Advisory Board. Mr. Hill said the rules in place are sufficient. Mayor McPartlan added that the applicant can participant in the meetings and address Council at any time. It was the consensus of Council to keep the residency requirement. 13. CITY ATTORNEY MATTERS - None 14, CITY MANAGER MATTERS The City Manager thanked the City employees, the Lions Club, and the fireworks provider for the great 4th of July. He reported that Brothers Construction is on site to repair the piers; the staging area is southwest corner of the overflow parking; unauthorized access in the construction zone will be enforced. Vice Mayor Coy asked that the summary he provided be given to the Chamber of Commerce. 40 of 1A Regular City Council Meeting July 12, 2017 Page Seven 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Kinchen Ms. Kinchen said she voted for the 3.8 millage rate to determine what the raises and health care insurance will be but she probably won't support the maximum 3.8 rate in September. B. Mayor McPartlan Mayor McPartlan announced the joint Treasure Coast Regional League of Cities and Treasure Coast of Local Governments Annual BBQ is next week in Okeechobee and invited Council Members to come out and meet with the local legislators. C. Vice Mavor Coy - None D. Council Member Dodd Mr. Dodd thanked the City Clerk's office for the easy to use agenda packets. E. Council Member Hill - None 17. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:32 p.m. 41 of 1247 On ,v SEAST_I HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 26 July 2017 Agenda Item Title: Chamber of Commerce Sign Recommendation: Approve purchase of one (1) sign for Chamber of Commerce. Background: In April 2016, the Sebastian River Area Chamber of Commerce completed the rehab/remodel of the City building they occupy at Main Street and US 1. The project, known as the Pelican Porch Visitor's Center-, completely changed the visual of the building, thereby complementing the waterfront and the City's image. The cost of the project was in excess of $200,000. Funding for the project were contributions from the Sebastian area business community, the Indian River County Tourist Development Council, the Sebastian Clambake, private/corporate donations, and other interested parties. In an effort to further promote the City and the Chamber's mission, Staff solicited a local resident, Curt Oxford, for sign proposals that would further complement the project. Mr. Oxford has completed numerous signs for the City that are distinctive, professional, and memorable. Mr. Oxford has proprietary interest in the design of the Chamber logo, as he does for the `official' City of Sebastian signs. Mr. Oxford's proposal would be a two (2) sided sign, with marquee, placed near the Northwest corner of the Chamber building. If Agenda Item Reauires Expenditure of Funds: Total Cost: $10,898.87 Amount Budgeted in FYI 7: $20,000 Fund to Be Utilized for Appropriation: Economic Development /� Administrative Services Department Review: ' 1 I Attachments: 1. Oxford Pelican Porch Sign Proposal 2. Invoice City Manager Authorization: Date: 18 July 2017 42 of 124 G.: O IN: M _ CHAMBER OFCOMMERCECD f BUSINESS & PLEASURE 1-25 12:00 NOON CHAMBER BREAKFAST 1-12 8:30 AM RIVERVIEW PARK CONCERT 1-27 5:30 TO 8 PM 114" Proposal #476828 118"thick Powder Coated Aluminum with Exterior Print Opaque Laminated Overlay 2"x4" internal P.T. Pine Frame with Premium 5I4"x6" Trimmed P.T. Pine siding assembly attached to 2-6"x6" face trimmed P.T. Pine Posts Post System Stained to match C.O.S. signs 112" thick PVC Message Board Panel with 4" Changeable Copy Tracks & 300 4" Letter Kit with Storage Box All Stainless Steel Screws and Fasteners Installed on site in concrete as per C.O.S. existing Art & Senior Centers Engineer specs Concrete Footer size. 18"x18"x36"- 2 per sign REF: INTELLECTUAL PROPERTY RIGHT. THIS ART PREPARED EXCLUSIVELY FOR CITY OF SEBASTIAN 1 Pelican Porch Visitor's Center / Sebastian River Area Chamber Of Commerce Sign MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION FROM CURT OXFORD GRAPHIC ARTS & DESIGN, INC. UNLESS PURCHASED Original Artwork. Designs. Logos or Concepts contained in andlor attached to this message are the COPYRIGHT property of Curt Oxford Graphic Arts & Design. Inc. and may not be retransmitted to parties outside of the intended firm's agents. All creative design remains the property of Curt Oxford Graphic Arts & Design, Inc. and may not be used for other purposes. These include but are not limited to: quotes from other companies, business cards, letterhead. magazines and print media. t -shirts or any other reproductive use. Established corporate logos and artwork remain the property of their respective organizations Any misuse of the copyright laws may result in legal action and additional use fees. 598 Lake Drive, Sebastian, Florida 32958 Ph & Fax 772-589-0040 curtoxford i gmail.corn www.curtoxford.com O 41 OL4 1 t- A T i r Main St. 1 25' frontage A x 50%= 52.50 sq ft allowable Proposed sign= 46 sq. ft. Proposal #476828 A. 1- Two Sided Sign $ 10,898.87 according to Page 1 Tax Exempt 41-04-012$31-54C Tax ,00 Total $ 10,898.87 Price includes all design, signage, post system, 300 letter kit with storage box, permit (using existing C.O.S.Art & Senior Centers, previously approved, engineered drawing), delivery and installation in concrete per existing specs. 50% Deposit required with balance upon completion ►,»ZINGIVA091 L1-111111[2 REF: INTELLECTUAL PROPERTY RIGHT. THIS ART PREPARED EXCLUSIVELY FOR CITY OF SEBASTIAN / Pelican Porch Visitor's Center I Sebastian River Area Chamber Of Commerce Sign MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION FROM CURT OXFORD GRAPHIC ARTS & DESIGN, INC. UNLESS PURCHASED Original Artwork, Designs, Logos or Concepts contained in andlor attached to this message are the COPYRIGHT property of Curt Oxford Graphic Arts & Design, Inc. and may not be retransmitted to parties outside of the intended firm's agents. All creative design remains the property of Curt Oxford Graphic Arts & Design, Inc. and may not be used for other purposes. These include but are not limited to: quoles from other companies, business cards, letterhead, magazines and print media, t -shirts or any other reproductive use. Established corporate logos and artwork remain the property of their respective organizations Any misuse of the copyright laws may result in legal action and additional use fees. a598 Lake Drive, Sebastian, Florida 32958 Ph & Fax 772-589-0040 cttrtoxford Ca? gmaiLcom %V%V%V.curtoxford.com ancf SES �N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: 26 July 2017 Aaenda Item Title: Ordinance 0-17-03 — First Reading & Public Hearing; Schedule Second Reading & Public Hearing for 23 August 2017. Recommendation: Approve First Reading of Ordinance 0-17-03. Backeround: The attached Ordinance was drafted by the Police Pension Board Attorney to make several definition and language modifications necessary for enacting negotiated changes to the Police Pension Plan by the City and the Coastal Florida Police Benevolent Association (PBA). This Ordinance would amend certain sections of Chapter 58 of the Code of Ordinances on Law Enforcement, Article III, Police Officers' Retirement System. Proposed changes include the implementation of a Deferred Retirement Option Program (DROP), a Cast -of - Living Adjustment (COLA), plus options for Police Officers to be credited for time served in the military service, or service with other law enforcement agencies. During contract negotiations, the City and the PBA mutually agreed to use the full amounts of the State provided annual funding for benefit enhancements toward any future annual costs of making the proposed changes. The projected annual cost of the changes was provided by Foster & Foster (F&F). F&F is the actuarial firm that reviews and certifies the City's actuarially required contribution to the Police Pension Plan each year. The State's annual funding is currently sufficient to `cover' $45,545 of the additional $67,362 cost for the added benefit enhancements. The $22,454 difference will be `covered' by the prepaid excess State reserve, earmarked for the City's Police Pension Fund, in the amount of $84,863. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total City Cost: $422,134 Amount Budgeted for FYI 7/18: $422,134 Administrative Services Department Review:' l� p ATTACHMENTS: 1. Ordinance 0-17-03 City Manager Authorization: Date: 20 July 2017 2. Actuarial Analysis by F&F, Police Pension Plan Actuary 3. Schedule of Changes in Required Contributions — Killgore 45 of 124 ORDINANCE NO. 0-17-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS; AMENDING SECTION 58-48, BOARD OF TRUSTEES; AMENDING SECTION 58-50, CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-55, OPTIONAL FORMS OF BENEFITS; ADDING SECTION 58-70.1, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 58-70.2, PRIOR POLICE SERVICE; ADDING SECTION 58-70.3, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 58-70.4, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that; SECTION 1: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-46, Definitions, to amend the definition of "Retirement", to read as follows: Retirement means a member's separation from city employment with eligibility for immediate receipt of benefits under the system (or entry into the Deferred Retirement Option Plan). SECTION 2: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-48, Board of trustees, subsection (a), to read as follows: See. 58-48, Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this ordinance is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Sebastian City Council, and two (2) of whom shall be members of the system, who shall be elected by a majority of the police officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Sebastian City Council. Upon receipt of the fifth person's name, the Sebastian City Council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four (4) year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Sebastian City Council at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he 46 of 124 sooner leaves the employment of the city as a police officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 3: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-50, Contributions, subsection (a) Member contributions, to read as follows: (a) Member contributions. (1) Amount. I✓u111111L1111J4; 4it111J dilull L� 1\1iu11L� ` \V iV�lilL{1 {..V1111 IL LL A%J to the ffind i - `'i, aulvlu;[Vl-i+ v lii�, ialui j , �.xcept I Effective on the date of the adoption of the ordinance adopting this amendment Oet:1,.:,i 1, 22\ each member of the system, ll;L�,d F,:.1 , shall be required to make regular contributions to the fund in the amount of eight percent (8%) of his salary. Police officer contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to §414(h) of the code. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. SECTION 4: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-51, Benefit amounts and eligibility, subsection (b) Normal retirement benefit and adding subsection (f) Cost -of -Living Adjustment, to read as follows: (b) Normal retirement benefit. The amount of the monthly retirement income payable to a member hired prior to October 1,2011 who retires s -u— LL�il, t,:, IMuy 31, 2002 uiid on or after his normal retirement date shall be an amount equal to the number of the 1111-L11L.i1L years of credited service multiplied by three (3) percent of his average final compensation. 111., t.,1k..vdii!6actitence, For members hired on or after AVIA1 1i, 23-172 October 1, 2011, the amount of the monthly retirement income payable to a member who retires on or after his normal retirement date shall be an amount equal to the number of ` IN, 1111,11111tid s years of credited service multiplied by two (2) percent of his average final compensation for the years of credited service beginning on or after April 11, 2012 and ending October 1, 2016 and three (3) percent of average final compensation for all credited service before April 11, 2012 and after October 1, 2016. _2_ 47 of 124 Lf Cast-of-Livinz Adiustment. Future retirees with a minimum of fifteen (15) years of credited service shall receive a one percent (1 %) automatic cast -of -living adjustment beginning on the first October I following the attainment of age fifty-eight (58). The COLA is vplicable to all forms of retirement, including normal and early retirement, terminated vested, disability retirees and pre -retirement death beneficiaries. SECTION 5: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending section 58-55, Optional Forms of Benefits, subsection (a)(4), to read as follows: (4) For members who do not participate in the DROP pursuant to Section 58-70.3, the 2k member may elect a percentage of benefit in a lump sum as follows: a. Five (5) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety-five (95) percent paid under the normal form or as per (1), (2) or (3) above. b. Ten (10) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety (90) percent paid under the normal form or as per (1), (2) or (3) above. Fifteen (15) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five (85) percent paid under the normal form or as per (1), (2) or (3) above. d, Twenty (20) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty (80) percent paid under the normal form or as per (1), (2) or (3) above. e. Twenty-five (25) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five (75) percent paid under the normal form or as per (1), (2) or (3) above. SECTION b: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.1, Military service prior to employment, to read as follows: See. 58-70.1. Military service prior to employment. The years or fractional parts of years that a police officer serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntaril and honorably or under honorable conditions, prior to first and initial emplovment with the city police department shall be added to his years of credited service provided that: M The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund tilus pavment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. -3- 48 of 124 Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement, in one year increments, upon the completion of five (5) years of credited service. Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given. The maximum credit under this section shall be four (4) years. Credited service purchased pursuant to this section shall count for all purposes, except vesting. SECTION 7: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.2, Prior police service, to read as follows: Sec. 58-70.2. Prior police service. Unless otherwise prohibited by law, and except as provided for in section 58-461 the years or fractional parts of years that a member previously served as a full-time police officer with the city during a period of previous employment and for which period accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a full- time police officer or the years and fractional parts of years that a member served as a police officer for any other municipal, county or state law enforcement department in the State of Florida shall be added to his years of credited service provided that: ( The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement, in one year increments, upon the completion of five (5) years of credited service. ( Payment by the police officer of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be lg_yen. (4) The maximum credit under this section for service other than with the City of Sebastian shall be four (4 ears of credited service and shall count for all purposes, except vesting. There sha I be no maximum purchase of credit for prior service with the City of Sebastian and such credit shall count for all purposes, including vesting. In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement department Edepartment if such prior service forms or will form the basis of a retirement benefit or pensionWom a different employer's retirement system or plan as set forth in section 58-60, subsection (1)(2). 4- 49 of 124 Forpumoses of determining credit for prior service as a police officer as provided for in this section, in addition to service as a police officer in this state, credit may be purchased by the member in the same manner as provided above for federal other state, county or municipal service if the prior service is recognized by the Criminal Justice Standards and Trainin Commission within the Department of Law Enforcement, as provided undeXapter 943, Florida Statutes, or the police officer provides proof to the board that such service is equivalent to the service required to meet the definition of a police officer under Sec. 58-46, above. SECTION 8: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.3, Deferred retirement option plan, to read as follows: Sec. 58-70.3. Deferred Retirement Option Plan. (a) Definitions. As used in this section 58-70.3, the following definitions aDT)ly: "DROP" -- The City of Sebastian Deferred Retirement Option Plan. "DROP account" -- The account established for each DROP participant under subsection (c). Participation. Eligibility to participate. In lieu of terminating his employment as a police officer. any member who is eligible for normal retirement under the system and who is not on unpaid leave status may elect to defer receipt of such service retirement pension and to participate in the DROP. Election to participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. Period of participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months be inning at the time his election to participate in the DROP first becomes effective. n election to participate in the DROP shall constitute an irrevocable election to resign from the service of the city not Iater than the date provided for in the previous sentence. A member may participate only once. Termination of participation. a. A member's participation in the DROP shall cease at the earlier of: 1. the end of hispermissible period of participation in the DROP as determined under subsection (b)(3); or 2. termination of his employment as a police officer. b. Upon the member's termination of participation in the DROP, pursuant to subsection 1 above, all amounts provided for in subsection (c)(2), including monthlybenefits and interest, shall cease to be transferred from the system to his DOP account. Any amounts remaining in his DROP account shall be -5- 50 of 124 paid to him in accordance with the provisions of subsection (d) when he terminates his employment as a police officer. c. A member who terminates his participation in the DROP under this subsection (b)(4) shall not be permitted to again become a participant in the DROP. Effect ofDROP participation on the system. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retirement and not elected DROP participation. Member contributions attributable to anv lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost -of - living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligible for disability or pre- retirement death benefits. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member s participation in the DROP is terminated other than by terminating his employment as a police officer, no amounts shall be paid to him from the system until he terminates his employment as a police officer. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP account shall be paid directly to the member only on the termination of his employment as a police officer. (c) Funding. Establishment of DROP account. A DROP account shall be established for each member participating in the DROP. A member's DROP account shall consist of amounts transferred to the DROP under subsection (c)(2), and interest on those amounts. Transfers froin retirement system. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his emoloTent as a police officer and elected to receive monthly benefit payments thereunder shall be transferred to his DROP account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his emnlovment as a police officer. -6- 51 of 124 b. Except as otherwise provided in subsection (b)(9b., a member's DROP account under this subsection (c}(2) shall be credited with interest at an effective rate of one and three tenths percent (1.3%per annum compounded monthly determined on the last business day of the prior months ending balance and credited to the member's DROP account as of such date. C. A member's DROP account shall onlx be credited with interest and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the month immediately Precedingtermination of participation plus any monthly Periodic additions made to te DROP account subsequent to the end of the previous month, and prior to distribution. If a member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginningwith the member's first month of employment following the last montof the permissible period of DROP Participation, the member's DROP account will no to cr be credited with interest, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the police department, and no cost -of= living adjustments shall be applied to the member's credit during such period of continued employment. A member employed by the police department after the permissible period of DROP participation will still not be eligible forpre-retirement death or disability benefits and will not accrue additional credited service. Distribution ofDROP accounts on termination ofemolovinent. Elikibility for benefits. A member shall receive the balance in his DROP account in accordance with the provisions of this subsection (d) upon his termination of employment as a police officer. Except as provided in subsection (d (5), no amounts shall be paid to a member from the DROP prior to his termination of emn-lovment as a police officer. Form of distribution. a. Unless the member elects otherwise, distribution of his DROP account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection fdJ(6). Elections under this paragraph shall be in writing and shall be made within sixty (60) days. b. Notwithstandiniz the preceding, if a member dies before his benefit is paid, his DROP account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP account shall be distributed to the members estate. Date ofnavment ofdistribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a Member's DROP account will not be made unless the Member completes a written request for distribution and a written election, on forms designated by the Board, to either receive a cash lump sum or a rollover of the lump sum amount. -7- 52 of 124 Proofofdeath and rijzht ofbeneficiary or other person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. Distribution limitation. Notwithstanding any other provision of subsection,d), all distributions from the DROP shall conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. Direct rollover ofcertain distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the system in section 58-69. (e) Administration ofDROP. Board administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility, of overseein the investment of the DROP's assets shall be placed in the board. The members ofthe board may apRoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs, may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they mayrequire in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on anv question relating exclusively to himself. Individual accounts, records and reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. Establishment ofrules. Subiect to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eliTibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. IM 53 of 124 Limitation ofliability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action, taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General provisions. fD The DROP is not a separate retirement plan. Instead, it is a program under which a member who is eligible for normal retirement under the system may elect to accrue future retirement benefits in the manner provided in this section 58-70.3 for the remainder of his employment, rather than in the normal manner provided under the plan. Upon termination of employment, a member is entitled to a lump sum distribution of his or her DROP account balance or may elect a rollover. The DROP account distribution is in addition to the member's monthly benefit. Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the system. There is no thane in the sstem's assets, and there is no distribution available to the member until the members termination from the DROP. The member has no control over the investment of the DROP account. No emplover discretion. The DROP benefit is determined pursuant to a specific formula which does not involve emploXer discretion. IRC limit. The DROP account distribution, along with other benefits payable from the system, is subiect to limitation under Internal Revenue Code Section 415(b). Amendment of DROP. The DROP may be amended by an ordinance of the city at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's fluids to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP account of any member. Facility of pavment. If a member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed Ie al representative. Any payment so made shall be a complete discharge of the liaiilities of the DROP for that benefit. Information. Each member, beneficiary or other person entitled to a benefit. before any benefit shall be payable to him or on his account under the DROP, shall file with the board the information that it shall require to establish his rights and benefits under the DROP. -9- 54 of 124 Prevention of escheat. If the board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the board may, no earlier than three J3) years from the date_ suchimyrnent is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the city. If such person has not made written claim therefor within three f3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no further liability thereforexcept that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or pavments due to him under the DROP, the amount so applied shall be vaid to him in accordance with the provisions of the DROP. Written elections, notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it determines after due deliberation that such action is iustified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. b. Each member or Retiree who has a DROP account shall be responsible for furnishing the board with his current address and any subsequent changes in his address, Any notice required to be given to a member or Retiree hereunder shall be deemed given if directed to him at the last such address iven to the board and mailed by registered or certified United States mail. any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the member or Retiree notifies the board of his address. Benefits not guaranteed. All benefits vavable to a member from the DROP shall be paid only from the assets of the member's DROP account and neither the city nor the board shall have anv duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this section 58-70.3 are for convenience on] y+ In the case of amb* itv or inconsistency, the text rather than the titles or headings shall control. Forfeiture of retirement benefits. Nothing in this section shall be construed to remove DROP participants from the application of ani forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. -10- 55 of 124 13 Effect of DROP participation on employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 9: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.4, Reemployment After Retirement, to read as follows: Sec. 58-70.4. Reemnlovment After Retirement. (a) Any retiree under this sXstem, except for disability retirement as previously provided for, may be reemplo ed by any public or private employer, except the city, and may receive com ensation from that employment without limitingor restricting in any way the retirement benefits avable under this system. Reemployment by te city shall be subject to the limitations set forth in 19is section. After normal retirement. Any retiree who is retired under normal (or early) retirement Pursuant to this syystem and who is reemployed as a police officer and, by virtue of that reemployment, is eliible to participate in this system, shall upon being reemployed, discontinue receipt of benefits. Mon reemployment, the member shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compensation, and credited service (and early retirement reduction factor, if apylicable) as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, averaie final compensation (based only on the subsequent emplovinent period and not including any period of DROP participation), and credited service (and early retirement reduction factor, if applicable) as ofthe date of subsequent retirement. The amount of any death or disability benefit received durina a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form ofbenefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the retiree may select a different optional form and joint pensioner applicable only to the subsequent retirement benefit. (c) Any retiree who is retired under normal retirement pursuant to this system who is reemployed by the City in a position other than as a police officer, shall upon being reemployed, continue receipt of benefits for the period of any subsequent employment period. Former DROP participants shall begin receipt of benefits under these circumstances. After earlv retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity, shall discontinue receipt of benefits from the system. If the reemployed person, by virtue of his reemployment, is ell ible to participate in this system, that person shall accrue a second benefit as provided for in subsection (b) above and benefit pavments shall remain suspended during any such subsequent employment Period. If the reemplo ed person is not eligible to participate in this system, that person s pension benefit payments shaill be suspended until the earlier of termination of employment or such time as the reemployed retiree reaches the date that he would have been eligible for normal retirement under this system had he continued employment and not elected early retirement. "Normal retirement" as Used in this subsection shall be the current normal retirement date provided for under this system. 56 of 124 (e) Reemplovmentofterminated vested persons. Reemvloved terminated vestednersons shall not be subiect to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vesersons shall be treated as normal or early mal retirees for purposes of avolving the ted p provisions of this section and their status as an early or nor retiree shall be determined by the date they elect to begin to receive their benefit. (f DROP Participants. Members or retirees who are or were in the deferred retirement option plan shall have the options provided for in this section for reemployment upon termination o emp ovment. SECTION 10: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Sebastian. SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 12: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, orphrases under application shall not be affected thereby. SECTION 13: That this Ordinance shall become effective immediately upon adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Ed Dodd Councilmember Linda Kinchen PASSED ON FIRST READING, this day of 12017. PASSED AND ADOPTED ON SECOND READING, this day of 32017. ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY kshldmisebas\pA06-05-17. ord MAYOR -12- 57 of 124 per FOSTER & FOSTER ` '.,NO CCjLTAN7S March 14, 2016 VIA EMAIL Board of Trustees City of Sebastian Police Officers' Retirement System 1225 Main St. Sebastian, FL 32958 Re: City of Sebastian Police Officers' Retirement System Actuarial Analysis of Various Benefit Enhancements Dear Board: As requested by Ken Killgore, we have performed a special actuarial analysis to determine the impact on the above referenced Plan's liabilities and funding requirements associated with the following proposed benefit improvements: 1. For Members hired after April 10, 2012, an increase in the benefit accrual rate from 2% to 3%, effective October 1, 2016 for years of Credited Service accrued on and after that date. Additionally, an increase in the Member Contribution Rate from 5% to 8% for Members hired after April 10, 2012. 2. For future retirees with at least 15 years of Credited Service, a lifetime I% automatic cost -of - living adjustment, beginning on the first October 1 following the attainment of age 58. This COLA is applicable to all categories of retirement, including Normal, Early, Vesting, Disability, and pre -retirement death Beneficiaries. 3. A Deferred Retirement Option Plan (DROP). Based on the proposed features described on the attachment to this letter, the proposed DROP is deemed to have no immediate funding impact, either positive or negative. 4. A provision for purchasing prior military or law enforcement service, utilizing all actuarial assumptions used for determining Plan liabilities. This proposal is deemed to have no immediate funding impact, either positive or negative. The impact on the City's funding requirements for items I and 2 above, determined as of October I, 2016 (applicable to the fiscal year ending September 30, 2018), is shown on the attached schedule. t3420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239)433-5500. Fax (239) 481-0634 • www.roster-rnster.com 58 of 124 Board of Trustees March 3, 2017 Page 2 The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. All of the sections of this report (in addition to the October 1, 2016 actuarial valuation) are considered an integral part of the actuarial opinions. If you have any questions, please let me know. Sincerely, i Douglas H. Lozen, EA, MAAA DHL k -e Enclosures 59 of 124 Sebastian Police Pension Plan Schedule of Changes in Required Contributions Prepared by Ken Killgore July 19, 2017 2016 Actuarial Report 2016 Actuarial Analysis Same Plan But Used All of State Funds New Costs And Using All of State Funds 30.5% 7.2% 7.5% 169,027 15.8% (Used Additional State Funds Since Mutual Agreement Executed But Nothing For Proposed Benefit Changes) 34.3% 8.0% 7.5% 169,027 18.8% 354,772 422,134 Notes: The 2016 Actuarial Analysis Shown Above Estimates an Estimated Required City Contribution of $422,134, which is $67,362 higher than the 2016 Actuarial Report of $354,772 made to the State. Because the Increased State Funds were used in the 2016 Actuarial Report, the Required City Contribution has already been reduced by $45,545 to $354,772 from what would have been $399,680. So the Increased State Funds have already covered $45,545 of the $67,362. The shortfall is estimated to be $22,454. $84,863 from the prior 4 years of the State Funds being above the Frozen Amount will cover the shortfall over several years. (By then, growth in the annual amount of State Funds should cover the difference.) Total Required Member State Contribution I Required City Contribution Source: Description Contribution Contribution % of Payroll Estimated Annual Dollars % of Payroll Estimated Annual Dollars 2015 Actuarial Report Plan Before any Changes 27.0% 7.3% 5.654. 123,482 14.194. 313,233 (Frozen Amount) 2016 Without State Funds New Costs of Benefits But 30.5% 7.2% 5.5% 123,482 17.8% 399,680 No Added State Funds (Total Contribution Increased Due To Low Investment Returns and State Required Change in Mortality Tables) 2016 Actuarial Report 2016 Actuarial Analysis Same Plan But Used All of State Funds New Costs And Using All of State Funds 30.5% 7.2% 7.5% 169,027 15.8% (Used Additional State Funds Since Mutual Agreement Executed But Nothing For Proposed Benefit Changes) 34.3% 8.0% 7.5% 169,027 18.8% 354,772 422,134 Notes: The 2016 Actuarial Analysis Shown Above Estimates an Estimated Required City Contribution of $422,134, which is $67,362 higher than the 2016 Actuarial Report of $354,772 made to the State. Because the Increased State Funds were used in the 2016 Actuarial Report, the Required City Contribution has already been reduced by $45,545 to $354,772 from what would have been $399,680. So the Increased State Funds have already covered $45,545 of the $67,362. The shortfall is estimated to be $22,454. $84,863 from the prior 4 years of the State Funds being above the Frozen Amount will cover the shortfall over several years. (By then, growth in the annual amount of State Funds should cover the difference.) Cm or SERAST_V DOME OF PELICAN MANII CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 26 July 2017 Azenda Item Title: Golf Course Restaurant Renovation Project Funding 12ecomrnendation: Approve Resolution R-17-21. Authorize City Manager to execute appropriate documents. Backeround: In an effort to help bring about certain renovations to the Sebastian Municipal Golf Course (SMGC) Restaurant, Airport (SMA) Staff was successful in securing an Economic Development Joint Participation Agreement (JPA) Grant from the Florida Department of Transportation (FDOT). The subject JPA is a 50% — 50% agreement with a Total Project Cost of $100,000. Previously Approved Expenditure and Source of Funds: Total Project Cost: $ 100,000 Fund(s) to be Utilized: DST and FDOT Grant Total FDOT JPA funding: $50,000 (50%) City/Airport Match: $50,000 (50%) Administrative Services Department/CFO Review: -u Attachments: 1. JPA Financial Project No. 441618-1-94-01 2. Resolution R-17-21 City Manager Authorization: Date: 19 July 2017 61 of 124 Financial Project Number(s): 441618-1-94-01 (ile m -seg m eni-phase-sequence) Contract Number: CFDA Number: CFDA Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: DPTO Function: 215 Federal Number: DUNS No.: 80-939-7102 Agency DUNS No FLAIR Category: 088719 Object Code: 751000 Org. Code: 55042010429 Vendor No.: VF596000427008 CSFA Number: 55.004 CSFA Title: Aviation Grant Program 725-03406 PUBLIC OGC - 62016 Page t of 15 THIS JOINT PARTICIPATION AGREEMENT ("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, ("Department"), and City of Sebastian 202 Airport Drive East Sebastian. FL 32958 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before 7/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: 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 332.007 (Aviation) 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 to provide for the Department's participation in Building Renovations at Sebastian Municipal Airport and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental financial assistance to the Agency. state the terms and conditions upon which such assistance will be provided. and to set forth the manner in which the Project will be undertaken and completed. 1.10 Exhibits. A,B,C & D are attached and incorporated into this Agreement. 62 of 124 725-030.06 PUM Ic OCC - 6!2016 Pace 2 of 15 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, 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, 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 to and incorporated into this Agreement. 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 Total Project Cost The total estimated cost of the Project is 100,000,00 . This amount is based upon the estimate summarized in Exhibit "B" attached to and incorporated into 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 Project Costs Participation and Eligibility: 4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of 50.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount of 50,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is © is not a recipient of a federal award, as detailed in Exhibit "B." 4.20 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 adopted 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" and "B") at the time appropriation authority becomes available. 4.30 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 4.10. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of fundin63W lt24revised by 725-030-06 Pu6uc oac - 6!2016 Page 3 of 15 execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 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 Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within sixty (64) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency 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 Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency 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, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and local Governments", 2 CFR Part 225, 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 Audits. 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. 64 of 124 725-03-06 PUBLIC OGG - 6129 Is Page 4 of 15 1. Federal Funded a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, monitoring procedures 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 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/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, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, 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 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Exhibit D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. 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 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, 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 FDOTSinaleAudit(@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 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, 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). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httos:/Iharvester.census.aov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, 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 2 GFR Part 200, Subpart F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FD OTS i no leAudita-d ot. 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 2 CFR Part 200, Subpart F - Audit Requirements. V. Within six months of acceptance of the audit report by the FAC, 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 2 CFR Part 2015 &bVT4 F - Audit 725-030-06 PUBLIC OGC - 612016 Page 5 of 15 Requirements, 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, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. 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. vii. 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 FDOTSinaleAuditCa dot.state.fl.us 2. State Funded a) 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 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 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. b) 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 Q 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 66 of 124 T25-030-06 PUBLIC CGC - 6!2016 Page 6 of 15 direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. 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. iii. 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 FDOTSincileAudit(o)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 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). IV. 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 FDOTSinaleAuditadot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email' flaudoen localoovtOaud.state.fl.us V. 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. vi. 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. vii. 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. viii. 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 includinvfirangia Oatements, 725-030-06 PUBLIC OGC - 68616 Page 7 & 15 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. 3. 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 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 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 Deliverables. 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. 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. 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 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. 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 Departments Obligations. Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to 68 of 124 725 -030 -DB PUBLIC OGC - 812018 Page 8 ai 1 s this Agreement; b) There is any 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-, c) 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; d) There has been any violation of the conflict of interest provisions contained in this Agreement-, e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or f) 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 Project 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, 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 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 Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, 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 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. 9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's 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. 10.00 Contracts of the Agency: 69 of 124 725-030.06 PUBLIC OGC - 6!2016 Page B of 15 10.10 Third Parry 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 7.20(c). 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 to this Agreement 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, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks 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, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida Statutes. 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.. Florida Statutes. 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 7.20(c). 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. 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 pa or other forms of �0 of 124 725,030.06 PUBLIC OGG 6!2016 Page 10 of 15 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 Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title V[ 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 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 U.S.C. 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 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. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. b) 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 (2) years was an officer, director or employee of the Agency. c) 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 or Legislature. 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: 12.10 Environmental Regulations. Execution of this 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. 71 of 124 725.030-06 PUBLn OGG - 612016 Page 11 of 15 12.40 Severability. 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. The Agency must remit said proportional amount to the Department within one (1) year after the official date of disposal. 12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statutes, 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. Nothing in this Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. 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. 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: 72 of 124 c) The plans are consistent with the intent of the Project as defined in Exhibits the Scope of Services; and d) The plans comply with all applicable laws, ordinances, zoning and requirements, and other similar regulations. 725-030-06 PUBLIC OGC - 6!2016 Page 12 of 15 "A" and "B" of this Agreement as well as permitting requirements, public notice 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: 95.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 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 (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 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 7/31/2019 . 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 Department prior to expiration of this Agreement. 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. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 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. 17.00 Agreement Format All words used in this Agreement 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: 19.10 Federal. The Agency agrees that no federally -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 qD3p"tt24agreement, T25�03406 PUBLIC OGC-62076 Pape 13 of 15 and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -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 Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 20.00 Vendors Rights, The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. The 40 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to the Agency because of Agency 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 DFS. 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. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a) 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 Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, 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. c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included i74hgfPia&t in which 725-o2o-os PU9UC 4GC . 612016 Page to of 15 any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 23.00 Employment Eligibility (Using E -Verify). AgencyNendors/Contractors: a) 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 Agency during the term of the Agreement; and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement 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 contractor or subcontractor during the Agreement term. 24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). 75 of 124 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY DEPARTMENT City of Sebastian Stacy L. Miller, P.E. AGENCY NAME DEPARTMENT OF TRANSPORTATION Director of Transportation Development SIGNATORY {PRINTED OR TYPED} TITLE SIGNATURE TITLE LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of Funding Approval by Comptroller 76 of 124 725-030.06 PUBLIC OGC - 612016 Pape 150115 Fin. Proj. No. 441618 - 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: Building Renovations Renovate Airport Restaurant to include: purchase and installation of new kitchen equipment, general improvements (excluding furniture); remodeling bathrooms to ADA code standards; installing a new air conditioning system; purchase and installation of security cameras and related equipment; and connecting a dedicated water meter and water line to the restaurant. 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. 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.coml filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables may be specified in subsequent agreements andfor task work orders related to this JPA. 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: htto:llwww.mvfloridacfo.com/aadir/docs/ContractandGrantManaaementUserGuide.pdf 77 of 124 Financial Project No. 441618-1-94-01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral pari of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Citv 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 DPTO Federal Reimbursable Local Reimbursable TOTAL PROJECT COST $100,000.00 $100,000.00 ( 0 %) or $ 0.00 ( %) or $ ( 50 %) or $ 50,000.00 ( %) or $ ( 50 %) or $ 50,000.00 ( %) or $ ( %) or $ $100,000.00 78 of 12*ge 1 of 1 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03115 Financial Project No. 441618-1-94-01 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. S. 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 79 of 121498 1 of" EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03115 - Chapter 330, F.S., Requlation of Aircraft. Pilots, and Airports - 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) FAG, 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 15015300-13, Airport Design - FAA AC 15015370-2, Operational Safety on Airports During Construction FAA AC 15015370-10, Standards for Specifying Construction of Airports b. Local Government Requirements Local Building Codes Local Zoning Codes c. Department Requirements 80 of 1 2*ge 2 of 11 EXHIBIT "C" AVIATION PROGRAM ASSURANCES - 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 5100.378, 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 725-040-15 AVIATION OGC - 03115 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. 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. 81 of 1249e 3 W 11 EXHIBIT "C" 725-040.15 AVIATION AVIATION PROGRAM ASSURANCES occ-03115 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. 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 82 of 12490 90 4 of 11 EXHIBIT "C" 725.040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-43/15 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 terms 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 pian 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 operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 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 83 of 12*9- s of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGG-03115 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. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 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. 84 of 124ge 6 or 11 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 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. 725-040-15 AVIATION OGC - 03/15 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 grant or 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. 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. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. 85 of 1249.7 or 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 (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 party. (3) E=nsure 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: 86 of 1249e e of 1 l EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 (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. (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. 87 Of 124g- 9 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-x3115 (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 62 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. C. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same 88 of 1 24ge 10 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGG-03115 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. 89 of 124?ge 11 cf 11 Financial Project No. 441618-1-94-01 Contract No. Agreement Date EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: AVIATION GRANT PROGRAM CSFA Number: 55.004 "Award Amount: $50,000.00 'The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.004 is provided at: httos:llaoos.fldfs.comlfsaa/searchCatafoq.asDx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: httos://aoDs.fldfs.com/fsaa/searchComoliance.asox The State Projects Compliance Supplement is provided at: httDs:/IaDDs.fldfs.com/fsaa/comoliance.asiDx 90 of 12*- 1 of 1 RESOLUTION NO. R-17-21 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 FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING ASSISTANCE TO RENOVATE THE SEBASTIAN MUNICIPAL AIRPORT/GOLF COURSE RESTAURANT BUILDING, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Whereas, the Florida Department of Transportation (FDOT) has extended a JPA grant offering, Project No. 441618-1-94-01 funding 50% of up to $100,000 of the renovation costs, and Whereas, the City of Sebastian agrees to the conditions of such funding: NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached FDOT PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT, Financial Project Number: 441618-1-94-01, on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict 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 and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen 91 of 124 The Mayor thereupon declared this resolution duly passed and adopted this day of July 2017. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 92 of 124 Lin Lf SE TSN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 26 July 2017 Agenda Item Title: Shade Hangar Project FDOT Funding Recommendation: Approve R-17-22. Authorize City Manager to execute appropriate documents. Background: Sebastian Municipal Airport (SMA) is currently home to 57 general aviation aircraft, each representing a sizeable investment by their owners. SMA has forty (40) hangars available, forcing a number of aircraft owners to tie down their aircraft, leaving the aircraft exposed to the elements. Heat and direct sun light have an adverse effect on paint surfaces, aircraft hardware, and avionics. SMA wishes to offer a low cost option to owners to park their aircraft under shade, thus extending the maintenance life of their aircraft components. Airport Staff engaged the Florida Department of Transportation (FDOT) in the discussion, and need, for Shade Hangars at the SMA. An application, with appropriate justification, was filed with FDOT. The subject FDOT Joint Participation Agreement (JPA) has been granted for approval by Council. Total Project Cost for Shade Hangar Engineering, and Construction, is $625,000: $500,000 FDOT @ 80%; $125,000 City/SMA @ 20%. This proposal is a FY17/18 project for the SMA and is planned on the 17118 budget for the City match of $125,000. FDOT's project `year' commences on 01 July, therefore the issuance of the subject grant is in the current month. if the project is approved, SMA stands to receive upwards of $33,600 in annual rent, contributing to the operational sustainability requirements of the airport. This Agenda Item Requires Expenditure of Funds: Estimated Total Project Cost: $625,000 Total FDOT funding: $500,000 (80%) City/Airport Match: $125,000 (20%) DS FY17/18 Administrative Services Department/CFO Review: ` W l - Attachments: 1. R-17-22 2. FDOT JPA Financial Project No. 441615-1-94-01 City Manager Authorization: j Date: 19 July 2017 93 of 124 RESOLUTION NO. R-17-22 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 FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING TO ENGINEER AND CONSTRUCT SHADE HANGARS AT THE SEBASTIAN MUNICIPAL AIRPORT, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Whereas, the Florida Department of Transportation (FDOT) has extended a JPA grant offering, Project No. 441615-1-94-01, funding 80% of the cost to engineer and construct 14 -shade hangars at the Sebastian Municipal Airport, and Whereas, the City of Sebastian agrees to the conditions of such funding: NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached FDOT PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT, Financial Project Number: 441615-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict 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 and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Linda Kinchen Council Member Jim Hill Council Member Ed Dodd 94 of 124 The Mayor thereupon declared this resolution duly passed and adopted this day of July 2017. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 95 of 124 Financial Project Number(s): 441615-1-94-01 (item -segment -phase -sequence) Contract Number: CFDA Number: CFDA Title: STATE aF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Fund: DPTO Function: 215 Federal Number: DUNS No.: 80-939-7102 Agency DUNS No FLAIR Category: 088719 Object Code: 751000 Org. Code: 55042010429 Vendor No.: VF596000427008 CSFA Number: 55.004 CSFA Title: Aviation Grant Program 725-030.06 PUHLIC OCC - 612016 Page 1 of 15 THIS JOINT PARTICIPATION AGREEMENT ("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, ("Department"), and Citv of Sebastian 202 Airport Drive East Sebastian, FL 32958 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before 9/30/2017 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: 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 332.007 (Aviation) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.04 Purpose of Agreement The purpose of this Agreement is to provide for the Department's participation in Engineer and Construct Shade Hangars at Sebastian Municipal Airport and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth the manner in which the Project will be undertaken and completed. 1.10 Exhibits. A,B,C & D are attached and incorporated into this Agreement. 96 of 124 725030.06 PUBLIC 00C • =016 Page 2 of 15 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, 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, 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 to and incorporated into this Agreement. 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 Total Project Cost. The total estimated cost of the Project is 625,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached to and incorporated into 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 Project Costs Participation and Eligibility: 4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of 500.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount of 125.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is © is not a recipient of a federal award, as detailed in Exhibit "B." 4.20 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 adopted 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" and "B") at the time appropriation authority becomes available. 4.30 Front End Funding. Front end funding ❑ is © 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 4.10. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of fundin@7n6f �24revised by T25-030-96 PUBLIC aGC - 611016 Para 3 of 15 execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 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 Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency 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 Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency 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, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2 CFR Part 225, 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 Audits. 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. 98 of 124 72°w03Q-06 PUBLIC papa c of 15 1. Federal Funded a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, 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/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, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, 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 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Exhibit D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. 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 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, 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 FDOTSinaleAuditedot.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 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, 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). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httr)s:l/harvester,census.aov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, 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 2 CFR Part 200, Subpart F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to F DOTS inal eAud it0dot. state. 0. 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 2 CFR Part 200, Subpart F - Audit Requirements. V. Within six months of acceptance of the audit report by the FAC, 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 2 CFR Part 2@% 8ytHp24 F - Audit 725_30.06 PUBLIC OGC - 612016 Papp 5 of 16 Requirements, 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, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. 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. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 505 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS inoleAudit0dot. state. fl. us 2. State f=unded a) 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 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 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. b) 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: i. 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 D 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 100 of 124 725-030-06 PUBLIC QGC - 612076 Page a or 15 direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. 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. iii. 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 FDOTSinaleAudit(Wdot.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 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), iv. 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 FDOTSinaleAuditCa dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudaen local aovt(a),aud.state.fl.us V, 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. vi. 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. vii. 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. viii. 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 includT6 1fi Oania statements, 725-030.06 PUBLIC OGC - 612016 Pane 7 of 15 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. 3. 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. 6.64 insurance. Execution of this 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 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 Deliverables. 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. 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. 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 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. 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 of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to 102 of 124 725.030-06 PUBLIC OGC - 6!2016 Page S of 15 this Agreement; b) There is any 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; c) 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; d) There has been any violation of the conflict of interest provisions contained in this Agreement; e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or f) 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 Project 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, 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 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 Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, 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 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes, 9.00 Audit and Inspection, The Agency shall permit, and shall require its contractors to permit, the Department's 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. 10.00 Contracts of the Agency: 103 of 124 725-030-06 PUBLIC OGC . 6!2016 Pape 9 of 15 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 7.20(c). 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 to this Agreement 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, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks 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, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida Statutes, 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, Florida Statutes. 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 7.20(c). 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. 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 pa or other forms of 10y4 of 124 725-939-06 PUBLIC OGC - 612016 Pape 19 o115 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 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 Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 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 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. a) "Material Interest" means direct or indirect ownership of more than 5%9 of the total assets or capital stock of any business entity. b) 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 (2) years was an officer, director or employee of the Agency. c) 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 or Legislature. 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: 12.10 Environmental Regulations. Execution of this 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. 105 of 124 725-030.06 PUBLIC OGG • 620I a Pape 11 of 15 12.40 Severability. 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. The Agency must remit said proportional amount to the Department within one (1) year after the official date of disposal. 12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statutes, 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. Nothing in this Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. 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. 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; 106 of 124 725.03005 PUBLIC OGC • 512015 Pape 12 o1 15 c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and "B" 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 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 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 (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 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 9130/2017 . 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 Department prior to expiration of this Agreement. 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. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 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. 17.00 Agreement Format All words used in this Agreement 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: 19.10 Federal. The Agency agrees that no federally -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 anyJc@7pCrftttj2,*greement, 725-030-06 PUBLIC OGC - 612016 Pape 13 of 15 and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -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 Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 20.00 Vendors Rights, The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. The 40 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to the Agency because of Agency 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 DFS. 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. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agree: as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a) 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 Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, 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. c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included li0$h®f "t in which 725.030.06 PUBLIC OGG - 6!2016 Pepe 14 of 15 any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 23.00 Employment Eligibility (Using E -Verify), AgencyNendors/Contractors: a) 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 Agency during the term of the Agreement; and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement 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 contractor or subcontractor during the Agreement term. 24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). 109 of 124 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY DEPARTMENT City of Sebastian Stacy L. Miller, P.E. AGENCY NAME DEPARTMENT OF TRANSPORTATION Director of Transportation Development SIGNATORY (PRINTED OR TYPED) TITLE SIGNATURE TITLE LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of Funding Approval by Comptroller 110 of 124 725.030-05 PUBLIC OGC - 612015 Page 150115 Fin. Proj. No. 441815-1-94-01 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: Engineer and construct Corporate shade hangars with power, lighting; and apron improvements. Includes parking lot lighting. 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. 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.ftorida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables may be specified in subsequent agreements and/or task work orders related to this JPA. 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: htto://www.mvfloridacfo.com/aadir/docs/ContractandG rantM@naaementUserGuide.r)df 111 of 124 Financial Project No. 441615-1-94-01 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 Citv of Sebastian 202 Airport Drive East Sebastian. FL 32958 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: I1. PARTICIPATION: Maximum Federal Participation FAA Agency Participation In -Kind Cash Other Maximum Department Participation, Primary DPTO Federal Reimbursable Local Reimbursable TOTAL PROJECT COST: $625,000-00 $ 625,000.00 ( 0 %) or $ 0.00 ( %) or $ ( 20 %) or $ 125,000.00 ( %) or $ ( 80 %) or $ 500,000.00 ( %) or $ ( %) or $ $625,000.00 112 of 124p9e I or, EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03115 Financial Project No. 441615-1-94-01 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 Citv 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 113 of 12x49.1 or 11 EXHIBIT "C" 725-040-15 /� t.r AVIATION AVIATION PROGRAM ASSURANCES OGc-03115 - Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports - 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 15015300-13, Airport Design - FAA AC 150/5370-2. Operational Safety on Airports During Construction - FAA AC 15015370-10, Standards for Specifying Construction of Airports b. Local Government Requirements - Local Building Codes - Local Zoning Codes c. Department Requirements 114 of 124se 2 or 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03/15 - 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. 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. 115 of 12r4ge 3 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES occ-03/15 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. 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 116 of 124g.4 & 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03/15 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 terms 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. S. 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 pian 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 I=AA'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 operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 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 117 of 1249E 5 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGc-03115 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. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 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. 118 Of 124ge 6 of 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGC-03115 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 grant or 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. 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. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. C. Make such material available for public review, unless exempt from public disclosure. 119 of 124ge 7 or 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGG-03/15 (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 party. (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: 120 of 12Age 8 or 11 EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES OGG-03!15 (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 fa}r 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 22€(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) 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. 121 of 124se s of 1 f EXHIBIT "C" 725-040-15 AVIATION AVIATION PROGRAM ASSURANCES acc-03/15 (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: (9) 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. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24, Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall eater 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 122 of 124ge 10 of 11 EXHIBIT "C" 725-040-15- AVIATION AVIATION PROGRAM ASSURANCES OGc-03115 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. 123 of 1249.11 of 11 Financial Project No. 441615-1-94-01 Contract No. Agreement Date EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING; SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: AVIATION GRANT PROGRAM CSFA Number: 55.004 *Award Amount: $500,000.00 'The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.004 is provided at: httDs://aDr)s.fldfs.com/fsaa/searchCataloo.asox COMPLIANCE REQUIREMENTS APPLICABLE TO STA.TF, RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: httos://angs.fldfs.com/fsaa/searchComoGance.asr)x The State Projects Compliance Supplement is provided at: httr)s://ar)Ds.fldfs.com/fsaa/comr)liance.asi)x 124 of 1248 t of 1