HomeMy WebLinkAbout01-09-2019 CC Agendail❑ Y
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, JANUARY 9, 2019 - 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
CALL TO ORDER
INVOCATION — Pastor Grant Foster, Riverside Church of Sebastian
PLEDGE OF ALLEGIANCE — Led by Council Member Dodd
ROLL CALL
AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
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.
Brief Announcements
1/10/19 — Meet & Greet New Chamber President Amber Batchelor, Pelican Porch- 5:30 to 7 pm
1/11/19 — Chamber Concert in the Park— Golden Oldies — 5:30 to 8 pm
1/12/19 — Craft Club Show in the Park — 10 am to 4 pm
1/20/19 — Fel/smere Frog Leg Festival —11 am
1/2619/19 & 112720119 — Fine Art and Music Festival in Riverview Park
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.
pgs 5-11 A. Approval of Minutes — December 12, 2018 Regular City Council Meeting
18.033/19.001 B. Resolution No R-19-01 -Accepting the 4`h Quarter Financial Report and Recognizing
pgs 12-35 Necessary Amendments and Adjustments to the FY17/18 Annual Budget
(Transmittal, R-19-01, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018 AS
PROVIDED FOR IN EXHIBIT "A"' PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
19.002 C. Approve Fiscal Year 2019/2020 Budget Calendar (Transmittal, Calendar)
pgs 36-37
19.003 D. Approve Distribution of Sebastian Police Department Forfeiture Funds to the
pgs 38-43 Executive Roundtable of Indian River County in Accordance with FS 932.7055
(Transmittal, F.S.932.7055, Letter)
19.004 E. Approve Distribution of Sebastian Police Department Forfeiture Funds to the
pgs 44-49 Substance Awareness Center in Accordance with FS 932.7055 (Transmittal,
F.S.932.7055, Letter)
19.005 F. Approve the Lease Amendment Between the City of Sebastian and Pelican Diner &
pgs 50-53 Four Wings Sports Lounge and Authorize the City Manager and City Attorney to
Execute the Appropriate Documents (Transmittal, Amendment, Exhibit)
18.111119.006 G. Approve Change Order #1 to #CSA2 to Continuing Services Agreement with
pgs 54-62 Schulke, Bittle & Stoddard, LLC for Expanded Scope of Renovations to the Barber
Street Sports Complex Restroom in the Amount of $6,200.00 and Authorize the City
Manager to Execute the Appropriate Documents (Transmittal, CSA#2, CO#1)
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
9. PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS - None
11. PUBLIC INPUT
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.
12. NEW BUSINESS
19.007 A. Approve Municipal Election Agreement between the Indian River County Supervisor
pgs 63-73 of Elections and City of Sebastian for Calendar Year 2019 (Transmittal, Agreement)
18.010119.008 B. Resolution No. R-19-02 Authorizing the City Manager to Accept and Execute
pgs 74-114 Documents Relating to FDOT Public Transportation Grant Agreement to Replace
Security Gate at Sebastian Municipal Airport (Transmittal, R-19-02, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING ACCEPTANCE OF A FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) PUBLIC TRANSPORTATION GRANT AGREEMENT (PTCA), PROVIDING
$10,000 FUNDING FOR THE REPLACEMENT OF A SECURITY GATE AT SEBASTIAN
MUNICIPAL AIRPORT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
SUBMIT APPROPRIATE DOCUMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE.
18.024119.009 C. Approve CSA 46 to Continuing Services Agreement with Schulke, Bittle &
pgs 115-120 Stoddard, LLC to Provide Final Construction Plans for the Fisherman's Landing
Pervious Parking Lot in the Amount of $21,100.00 and Authorize the City Manager
to Execute the Appropriate Documents (Transmittal, CSA#6, Exhibits)
2 of 124
18.024119.009 D. Approve C0#1 to Continuing Consulting Services Agreement with Applied
pgs 121424 Technology & Management to Provide Construction Management of the Working
Waterfront Parking Lot Improvements in the Amount of $3,000.00 and Authorize
the City Manager to Execute the Appropriate Documents (Transmittal, C0#1,
Scope)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Council Member lovino
B. Council Member McPartlan
C. Mayor Hill
D. Vice Mayor Kinchen
E. Council Member Dodd
17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote
of City Council)
5$ HEARING LOOP INSTALLED. SWITCH HEARING AID TO T -COIL.
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 1N ADVANCE OF THIS MEETING.
Future Council Meetina Dates:
January 23, 2019 - Regular City Council
February 13, 2019 - Regular City Council
February 27, 2019 — Regular City Council
March 13, 2019 — Regular City Council
March 27, 2019 - Regular City Council & CRA
April 10, 2019 - Regular City Council
April 24, 2019 — Regular City Council
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 NOTALLOWED under the headings:
✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
✓ Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
✓ City Council Matters
✓ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealinq 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 Aqenda
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
CM OF
HOME OF PELICAN ISLAND
SEBASTIAN
COMMUNITY REDEVELOPMENT AGENCY WORKSHOP
& REGULAR CITY COUNCIL MEETING
MINUTES
WEDNESDAY, DECEMBER 12, 2018 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m.
2. Pastor Karen Leedahl, Christ the King Lutheran Church, gave the invocation.
3. Vice Mayor Kinchen led the Pledge of Allegiance.
4. ROLL CALL
Mayor Jim Hill
Vice Mayor Linda Kinchen
Council Member Ed Dodd
Council Member Albert lovino
Council Member Bob McPartlan
City Staff Present:
City Manager Paul Carlisle
City Attorney James Stokes
City Clerk Jeanette Williams
Administrative Services Director Ken Killgore
Asst. Administrative Services Director Cindy Watson
Procurement Manager Randy Moyer
Public Facilities Director Scott Baker
Community Development Director/CRA Manager Lisa Frazier
Leisure Services Director Brian Benton
Police Chief Michelle Morris
Police Lieutenant Constantine Savvidis
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.
18.080 A. Presentation to Beth Mitchell, President/CEO Sebastian River Area Chamber of
Commerce
Mayor Hill described Ms. Mitchell's contribution to the enhancement of the community as the
president of the Chamber of Commerce during the past 19 years. He read the proclamation
and presented her with a small token of Council's appreciation.
Ms. Mitchell thanked Council noting she has always promoted the natural resources and
recreational activities of Sebastian and plans to take advantage of all of them.
5 of 124
Regular City Council
& CRA Workshop
December 12, 2018
Page Two
Brief Announcements
Sebastian River Art Club Show in Riverview Park – Dec. 15 from 10 am to 4 pm
In addition to the Art Club Show, Vice Mayor Kinchen announced that the Sebastian Police
Department would be hosting Family Movie Night at Riverview Park on Friday, December
14 from 6:00 pm to 8:00 pm
7. Recess City Council Meetinq and Convene Communitv Redevelopment Aqencv Workshop
A. Chairman Hill called the workshop to order at 6:08 p.m. Members present included
Chairman Hill, Vice Chairperson Kinchen, Mr. Dodd, Mr. Iovino, and Mr. McPartlan.
B. Septic to Sewer Proqram (Transmittal, Accounting, Boundary Map, F.S.381.00655)
i. Discuss Future Funding Allocation of Matching Funds for Program
The City Manager introduced the Community Redevelopment Agency (CRA) Manager and
requested how the Board would like to proceed to make the most use of the dollars to
remove septic systems.
The CRA Manager explained there are enough dollars remaining to fund what has been
allocated for the remainder of the year, and when the City pursues the Indian River Lagoon
National Estuary Program RFP, those funds would not be available until the fall of 2019.
Mr. Dodd asked if the $247,173 allocation, in consideration point #3, was actually set aside
to administer a study to determine if the sewer system could expand into the highlands. The
City Manager said staff was looking for direction if that should be set aside for citywide
consideration or allocated to the CRA district; as well as if grants should be administered as
on a percentage base, total cost or one system per property or building.
Mr. Dodd said there were two issues they were grappling with --the grant program and sewer
expansion to entire city; the $247,173 was aimed to the expansion throughout the City.
The CRA Manager stated staff has reached out to the County to let them know the City is
interested in partnering with them. Mr. Dodd noted there are about 3,520 homes on the
County's top list that will require about $44M which is something the City can't do on its own.
Mr. Dodd asked if there were gravity system properties outside the CRA district but inside
the City of Sebastian. The CRA Manager said there was not.
Mr. Dodd said he preferred a sharing program something like 75125 and two different grant
amounts—for example, one for gravity ($7,500 cap) and one for a lift station ($51K from the
City and $1 OK from available grants).
As far as properties are concerned, Mr. Dodd said they might have to go back to active
operating systems with multi -buildings or multi -tenants or use the ERU assigned by the
County. He said he did not think it would be fair to say one grant per property because they
may have four systems; the number of grant awards would have to be specifically spelled
out.
Chairman Hill said they should look at ERUs since there can be three buildings on a
property but very little use; that way the grant dollars would be eliminating the most waste.
6 of 124
Regular City Council
& CRA Workshop
December 12, 2018
Page Three
The City Manager noted it would be difficult to look at applicant's ability to pay in that regard.
For example a hotel can pay more than a non-profit such as recent recipient, HALO Rescue.
Chairman Hill said the tax dollars should go toward eliminating septic tanks; the ERUs could
dictate the maximum amount given to a property.
The CRA Manager said ERUs rate water usage which is not equitable to the waste drain
and asked if a property with four ERUs should get four times the grant amount. Chairman
Hill said the maximum allocated, for example for HALO on an ERU basis, they would be
given the amount of ERUs.
The CRA Manager described that the County only gave HALO Rescue one ERU which may
not be an equitable standard to go by. She asked if the Board wanted to get away from the
permitting, design and construction costs to cover more system closures.
Chairman Hill said he would be comfortable with staff forwarding to the Board what they
determine is the most fair and equitable but didn't think per tank was the best way to go.
Vice Chairperson Kinchen said an award per tank is the way to go as staff has disputed the
number of ERUs the County has assigned to City properties in the past.
Mr. Dodd said some equitable cost sharing method with the property owners with different
award ceilings for gravity systems and lift systems should be considered.
Mr. Dodd suggested using the money allocated in consideration point #3 to hire grant
people to independently or in unison with the County, pursue federal and state grant money.
The CRA Manager noted the Florida Department of Environmental Protection is interested
in helping the City and described the 319 grant process which they may consider for the
gravity systems.
She also explained that along the riverfront there is only a force main that requires property
owners to purchase the more expensive lift station so they would remove more systems by
taking care of the gravity systems first.
Chairman Hill noted that property owners can pay the County low interest loans attached
to their utility bill payments to cover the assessment part of connecting to the sewer.
The CRA Manager suggested asking the Indian River Lagoon National Estuary Program
for a match to remove approximately 21 more tanks at the average cost of $15K each.
Damien Gilliams, 1623 US Highway 1, suggested using the occupational license fund to
remove the CRA septic tanks or the County's escrow fund. He also suggested using
businesses' tax id number and whether a force main or gravity system is needed as
variables to allocate grant awards.
The City Manager thanked the Board for their input and assured them that staff would come
up with ideas for final adoption.
C. Chairman Hill adjourned the CRA Workshop at 6:41 p.m.
7 of 124
Regular City Council
& CRA Workshop
December 12, 2018
Page Four
8. Adiourn Communitv Redevelopment Agency Workshop and Reconvene as Citv Council
Mayor Hill reconvened the City Council meeting. All members were present.
9. CONSENT AGENDA
A. Approval of Minutes — November 28, 2018 Regular City Council Meeting
18.164 B. Approve Alcoholic Beverages at Yacht Club for Kinney Event on October 6, 2019
from 11:30 am to 3:30 pm - DOB Verified (Transmittal, Application, Receipt)
MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve
the consent agenda passed with a unanimous voice vote. (5-0)
10. COMMITTEE REPORTS & APPOINTMENTS - None
11. PUBLIC HEARINGS - None
12, UNFINISHED BUSINESS - None
13. PUBLIC INPUT
Bob Stephen, 150 Concha Drive, said the City is still spraying toxic herbicides along our
waterways. Mayor Hill said they have a difference of opinion on what is being sprayed; the
City is very careful in following all rules and regulations relative to the Environmental
Protection Agency. Mr. Stephen asked Council to consider alternatives.
Damien Gilliams, 1623 US Highway 1, said the parking is failing at Easy Street Park and
asked the City to consider Pine Street. He thanked the City Manager for changing the
Chamber parking signage and for requesting Council's legislative priorities. He thanked the
City Attorney for looking into a financial matter. He wished everyone a Merry Christmas.
14. NEW BUSINESS
18.167 A. Discuss 2019 Leolslative Priorities for Submission to the Indian River
CountvLeaislative Delegation (Transmittal. Draft, Notice, Form)
The City Manager asked what legislative priorities Council would like to present at the
January Legislative Delegation meeting for the 2019 Legislative Session.
Mayor Hill asked him to place the septic to sewer conversions and water quality at the top of
the list he has provided. The City Manager said he would write up an actual project
worksheet for the septic to sewer initiative. Council Member Dodd asked to move up school
resource officer funding. Vice Mayor Kinchen agreed with the list. Council Members
McPartlan and lovino agreed with moving the school resource officer funding up on the list.
Damien Gilliams, 1623 US Highway 1, said finding additional funds is very important and
suggested hiring a lobbyist.
8 of 124
Regular City Council
& CRA Workshop
December 12, 2018
Page Five
It was the consensus of Council to have Mayor Hill speak to the Indian River County
Delegation at the January meeting.
18.137 B. Approve Site Plan Desion and Location at Sebastian Municipal Airport as Submitted
for the Pickleball Courts by Continuing Enclineerino Consultant, Schulke, Bittle &
Stoddard LLC (Transmittal, Proposed Site Plan)
The City Manager said if Council approved the proposed site plan, construction could start
in the first quarter of 2019.
MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve the
Airport location for the picklebali courts.
_?_ requested two dedicated courts at the Schumann Park tennis courts so they can play
until the new facility is built.
Mary Colacino, 315 Yearling Trail, said she was the President of Pickleball University and
they were thrilled that Council is moving forward. She offered to provide funding to convert
some of the Schumann Park tennis courts to pickleball courts.
Thomas Quimby, 202 Briarcliff Circle, said he has seen communities put in courts without an
understanding how big the courts should be. He offered to provide insight before the final
plan is submitted for construction.
The City Manager said the designs drawn up by Schulke, Bittle & Stoddard, LLC for the
Friendship Park location would be used for the location.
ROLL CALL: Vice Mayor Kinchen — aye Council Member Dodd —aye
Council Member lovino — aye Council Member McPartlan — aye
Mayor Hill — aye
Motion carried 5-0.
18.137 C. Approve the Purchase ADA Modular Bathroom from CXT. Inc. (an L.B. Foster
Companv) for the Pickleball Courts in the Amount of $60,896.79 Through the
Government Cooperative Pricinq Agreement with Sourcewell (formally NJPA) and
Authorize the Citv Manaoer to Execute the Appropriate Documents (Transmittal,
Quote, Specs, Photo, Layout, Info)
The City Manager requested approval of the two -stall restroom for the Pickleball court which
should be installed about March/April, 2019.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve
the purchase of the modular restroom from CXT, Inc.
ROLL CALL: Council Member Dodd — aye Council Member lovino — aye
Council Member McPartlan — aye Mayor Hill — aye
Vice Mayor Kinchen — aye
Motion carried 5-0.
9 of 124
Regular City Council
& CRA Workshop
December 12, 2018
Page Six
18.161 D. Approve Work Authorization #5 with Infrastructure Consultinq and Enqineerinq
(ICE)for the Desiqn and Enqineerinq of Hanqar "D" at the Sebastian Municipal
Airport in the Amount of $73,587.00 and Authorize the Citv Manaqer to Execute
Appropriate Documents (Transmittal, Exhibits, WA#5, Certification)
The City Manager requested approval to start with the design of Hangar D.
MOTION by Council Member McPartlan and SECOND by Council Member lovino to
approve Item 14D.
ROLL CALL: Council Member lovino — aye Council Member McPartlan —aye
Mayor Hill — aye Vice Mayor Kinchen — aye
Council Member Dodd — aye
Motion carried 5-0.
18.165 E. Approve Bid Waiver and Piaav Back Collier Countv Contract to Authorize
Shenandoah Construction to Slip Line the Schumann and Kildare Intersection Pipe in
the Amount of $103.290 (Transmittal. Proposal. Collier Countv Aqreement)
The City Manager requested approval to slip line the intersection at Schumann and Kildare.
MOTION by Council Member lovino and SECOND by Council Member McPartlan to
approve Item 14E.
Vice Mayor Kinchen asked the City Manager if he planned to mow back some of the
shrubbery around the pipes. He stated they are part of the quarterly mowing contract but
was not aware when the last trim occurred.
ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye
Vice Mayor Kinchen -- aye Council Member Dodd — aye
Council Member lovino — aye
Motion carried 5-0.
18.166 F. Aporove Bid Waiver and Piggv Back Collier Countv Contract to Authorize
Shenandoah Construction to Slip Line the Caorona and Emoress Intersection Pipe in
the Amount of $16,300.25 (Transmittal. Pr000sal. Collier Countv Aqreement)
The City Manager said this intersection was a significantly deep structure and asked Council
for approval.
MOTION by Council Member McPartlan and SECOND by Council Member lovino to
approve Item F.
Vice Mayor Kinchen displayed a picture of the ditch noting the grass has filled most of the
ditch. The City Manager offered to look into the flowline.
ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen — aye
Council Member Dodd — aye Council Member lovino — aye
Council Member McPartlan — aye
Motion carried 5-0.
10 of 121b
Regular City Council
& CRA Workshop
December 12, 2018
Page Seven
15. CITY ATTORNEY MATTERS - None
16. CITY MANAGER MATTERS
The City Manager introduced Brian Benton, the new Leisure Services Director and he wished
everyone a Merry Christmas and Happy New Year.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Council Member Dodd thanked City staff for organizing the wonderful Employee
Awards Banquet last week. He also wished everyone a Merry Christmas.
B. Council Member lovino also wished everyone a Merry Christmas and Happy New
Year. He also thanked staff for their hard work this past year on the budget,
especially in regard to providing school resource officers.
C. Council Member McPartlan said the Indian River State College has instituted a new
computer system to register students until December 14 and will reopen January 2.
He also said Dr. Casey Lunceford would like to give presentation at a future Council
meeting outlining the variety of classes available at the Sebastian location. He also
wished everyone a Merry Christmas and Happy New Year.
D. Mayor Hill expressed his gratitude to his fellow Council Members who work together
because they love Sebastian. He also thanked staff for their hard work during the
last year and wished everyone a Merry Christmas and Happy New Year.
E. Vice Mayor Kinchen also wished everyone a Merry Christmas and Happy New Year.
19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:19 p.m.
Approved at the January 8, 2019 Regular City Council Meeting.
Mayor Jim Hill
ATTEST:
Jeanette Williams, MMC -- City Clerk
11 of 124
ccFF Ln^r
SEBAS - -
HOME OFPEUCANISLMD CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: January 9, 2019
AGENDA ITEM TITLE: Resolution Accepting the 4"Quarter Financial Report and
Recognizing Necessary Amendments and Adjustments to the
FY 2017-2018 Annual Budget.
RECOMMENDATION: Move to approve Resolution R-19-01.
BACKGROUND:
Pursuant to City financial policies, budget reviews and any
necessary adjustments are presented to the City Council quarterly. A capital project status
report, investment report, report on General Fund Reserves and accomplishments are also
included.
Formal approval by the City Council was given during the
quarter for a few adjustments requiring City Council action. In accordance with the authority
given by the Annual Budget Resolution, the City Manager has approved other budget transfers
between accounts within Departments and made adjustments necessary to "implement
programs, projects and expenditures authorized by the City Council". Thus, the City Manager's
adjustments included budget changes to reallocate funds to and from expenditure accounts and
capital projects as necessary during the quarter. All the above adjustments have been listed in
Exhibit "A" that is an attachment to the Resolution.
A new formatting of Summary Report and Exhibit "A" has been
developed. The Summary Report is now designed to incorporate estimated revenues and
expenditures in order to show the net available funds that are expected by the end of the year.
Exhibit "A" is changed to show the balances in the affected accounts before and after the
adjustments were made. Any comments or suggested changes to these formats are welcomed.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: As per Exhibit "A" of Resolution
Amount Budgeted in Current FY: NIA
Amount of Appropriation Required: As per Exhibit "A" of Resolution
Fund to Be Utilized for Appropriation. NIA d
Administrative Services Department Review: Lv:�,
I
ATTACHMENTS: Resolution No. R-19-01 and Exhibit "A"
Quarterly Financial Report for the Quarter Ended September 30, 2018
City Manager Authorization:
Date://)r, � !i
12 of 124
RESOLUTION NO. R-19-01
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018 AS PROVIDED
FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on
September , 2018 indicated that no additional budget amendments require formal approval by the City
Council and that previously approved amendments and adjustments should simply be recognized; and
WHEREAS, the City Council and City Manager have previously approved any other necessary
amendments and adjustments in accordance with the Annual Budget Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year
beginning October 1, 2017 and ending September 30, 2018 has been amended and adjusted as necessary
within the quarter ending September 30, 2018; a summary of such amendments and adjustments being
attached hereto and more particularly identified as Exhibit "A'; the revised appropriations, if any, are set
out therein and are recognized as having been made to maintain and carry on the government of the City of
Sebastian, Indian River County, Florida.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. Sections of this resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City Manager, or the City
Manager's designee, without need of further action of the City Council by filing a corrected copy of same
with the City Clerk.
Section 4. This Resolution shall become effective immediately upon its adoption.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
vote was as follows:
Mayor Jim Hill
Vice Mayor Linda Kinchen
Councilmember Bob McPartlan
Councilmember Ed Dodd
Councilmember Albert lovino
and, upon being put to a vote, the
The Mayor thereupon declared this Resolution duly passed and adopted this 9"' day of January 2019.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
M.
Mayor Jim Hill
Approved as to form and content for
reliance by the City of Sebastian only:
James D. Stokes
City Attorney
13 of 124
EXHIBIT "A" OF RESOLUTION R-19-01
SUMMARY OF BUDGET CHANGES
FOR THE QUARTER ENDED SEPTEMBER 30, 2018
ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL:
ADJUST TtTlV'i S 6&NG SUBMITTED FUk Lh i Y GOUNC[L r�kUVAL:
Budget Before Budget Budget After
ProlectlPccount Change Adjustment Change Reason for Adjustment
No further adlta tmer`.�.
ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER:
Budget Before
Budget
Budget After
EojectlAccount
Change
Adiustrp nt
Cha99Reason
forAd.justmen;
Building and Equipment
0
$17,853
$17, 53
07/11/18 Uses Reserve Account in
Building Fund Reserves
_
$427,152
($17,853)
$409,299
Building Fund to replace Inspector
Pickups. _ _
_
Faciliti6 Nldirit6Yi9?iL•e Buildings
$83,759
$22,11)
$168,036
07/25/18 Uses General Fund R&R for
General Fund R&R Account
$86,200
($22,271)
$63,929
painting and carpeting work in the City
Council Chambers.
All 854 Taxiway C Construction
�- 0
$2,215,952
$2,215,952
_
08/13/18 Creates Taxiway C Construction
F/,A Prant Rey@pue
--_--- 0 __-($2,215,952)
$2,215,952
Project using FAA Grant Rgyepyes,
ADJUST TtTlV'i S 6&NG SUBMITTED FUk Lh i Y GOUNC[L r�kUVAL:
Budget Before Budget Budget After
ProlectlPccount Change Adjustment Change Reason for Adjustment
No further adlta tmer`.�.
ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER:
14 of 124
Budget Before
Budget
Budget After
ProiecVAccount
Cpangq_ _ _
Adjustment
Chopge Reason for Adjyptment
A1962 Stormwater Drainage
0
$50,/18
$50,/113
Creates Project to capture engineering
Al 764 Oyster Pointe Drainage
$136,050
($50,718)
$85,332
cost on the Tiki Bar Improvements.
---------------------------------------------------------------------------------------------------------------------------------------
Administrative Services Capital
0
$1,491
$1,491
Administrative Services
$132,335
($
$13
Covers purchase of adjustable desk.
Operating Accounts
--------------------------------------------
-------------------------
------
-----
---------------------------------------------
A1806 Evidence Building
$2D,OOD
($13,652)
$6,348
Fixtures
Closes Project and reduces DST Fund
Small Tools and Equipment
0
$2,215
$2,215
Transfers that will be necessary.
DST Fund Transfers
($20,000)
$11,437
($8,563)
A115 �1�/VOS System
;�iV6.347
$478
$105,825
A1853 Airport Entrance Signage
$20,411
$2,237
$22,648
s using remaining funds in
Airport Security Cameras Project.
Airport Security
A1850 Airport Security Cameras
- ------- --- - - -
_ $79,589
------------------
($2,715)
--------------------
___ $76.874
--------------------------
Al 812 City Hall Security System
0
$48,000
$48,000
Adds City Hall Security System Project
Al 850 Airport Security Cameras
$76,874
$16,000
$92,874
and modifies Airport Security Cameras
FDOT 4FA Carant Revenue
0
($64,OOD)
Project using added FDOT Grant funding.
A1825 Cemetery Expansion
_______($64,000
0
$40,000
$40,000
Uses Cemetery Trust Funds toward costs I
Cemete Trust Fund Reserves
-- --
$258,574_
($40,000
--- - --- --)----------
$218,574
- --
of the Cemetery Sand Hill Expansion.
----------------------- ---- ---- -
A1833 Public Works Relocation
$100,000
($13,896)
$86,104
Uses part of the design monies on the
A1832 Street Re.,u, -it u6'ion
$350,000
$13,896
$363,896
Public Works Relocation Project to cover
budget overrun for Street - Reconstruction.
Al80:3'VVu4iesd�jystem
$5,000
($7,68-1)
$3,313
Closes Project and reduces necessary
DST Fund Transfers
- - - ------------
($5.000)
$1,687-----
($3.313)
DST Fund Transfers.
---------------------------------
A1621 Waterfront Restrooms
$306,547
$20,012
$326,547
Closeout of Working Waterfront
Al 764 Oyster Point Drainage
-------------------------------------------------
$129,100
($20,012)
$109,088
Restrooms Project using Oyster Point
Drainage Project funds_ ------
Storrnwater Operating Accuunts
$506,107
$10,000
Covers overage in some accounts with
($10,000)
$506,107
unused budgets from other accounts.
14 of 124
EXHIBIT "A" OF RESOLUTION R-19-01
SUMMARY OF BUDGET CHANGES
FOR THE QUARTER ENDED SEPTEMBER 30, 2018
(CON'nNUED)
Airport Operating Accounts
$212,887
$12,060
C.,Yz,.3 Qvorage in some accounts with
($12,060)
------ --
$212,887
-- - - -- -
unused budgets from other accounts.
--------------------------------
....................................................-
Police Operating Accounts
$616,502
$12,845
Covers overage in some accounts with
-
($12,845)______
$616,502
unused budgets from other accounts_
----------------------
City Council Operating Accounts
$32,150
$875
Covers overage in some accounts with
_($875
$32,150
unused budgets from other accounts.
- - - -------------------------
Public Facilities Roads
Operating Accounts -------------------
$356,830
--------
$4,600
- -
Covers overage in some accounts with
-------------------------------------------
($4 600
----__ - '----------
$356,830-
unused budgets from other accounts.
-------------____
A1611 Police Evidence Building
$461,411
($9,291)
$452,120
Closes P,J��, ..dreducesnecessary
DST Fund Transfers
----------------------------------------------------------------------------------------------------------------------------------------
$461,411
$9,291
$452,120
DST Fund Transfers.
A1862 Drainage Projects
$6,950
$43,768
$50,718
Applying unused funds for Oyster Point
A1764 Oyster Point Drainage
---------
$109,088
------------------
($43,768)
$65,320
-----------------
Drainage to Other Drainage Projects_
A1900 Computer Upgrades
0
$2,877
$2,877
Consolidates remaining balances in
Various Computer Projects __________
--------------- --------- -----------
$2,877
-- - S$2,877)
0
various projects into one project:
-
Cemetety Operating Accounts
$26,440
$1,108
Covers overage in some accounts with
- - -----------------
-
- - -
$26,440
unused budgets from other accounts.
Parks Operating Accounts
$382,734
$3,652
Covers overage in some accounts with
-g ------------------------
S$3,652)--___
$382,734__unused-budgets
from other -accounts _
Facilities Maintenance Operating
Accounts
$253,281
$1,000
Covers overage in some accounts with
----------------------------------------------------------------
($1 000)
20 ----------2--
$253,281
unused budgets from other accounts.
Garage Operating Accounts
$31,670
$2,500
------------------------------------------------
Covers overage in some accounts with
- -------------------------------($
2 500
$_31,670
unused budgets from other accounts_
-------------------- --
Non -Departmental Equipment
0
sJ; 1d
$2,918
Non -Departmental Professional
$4,000
($2,918)
$1,082
Covers costs of two AED Units.
Services
K152 i Community Ctr. Parking Lot !66 '_96T
($331)
$55,631 Reduction of Recreation Impact Fee Fund
Transfer from Rec. Impact Fees
-
$55,962
$331 --------------------------------------------
$55,631
transfers to close the Project.
- - - - - -
Parks Operating Accounts
$382,734
$1,000
$383,734
Utilizes Donation for purchase of a Sound
Contributions and Donations
-----------------------------
($1,000}
$1,000)
- -
- {$2,000)
System for the Community Center.
- ...__,.., ,�,
Administrative Services
Operating Accounts
$130,844
$4,533
Covers overage in some accounts with
----------------------------------------------------------------------------------------------------------------------------------------
($4-----
$130,844 -----
unused budgets from other accounts.
A1830 Speed Cushions/Signage
$5,000
($5,000)
0
Closes Project and reduces Transfers
LOGT Fund Transfers
{$5:000)
$5,000
0
from Local Option Gas Tax Fund.
-
------- ------ -- ---- ________
A1807 Police Portable Radios
_
$58,164
$8,000
$66,164
Adjust Project Cost for the value of the old
A1807 Contributions/Donations
0
($8,000)
($8,000)
portable radios that were traded in.
----------------------------------------------------------------------------------------------------------------------------------------
A1805 Police Mobile Radios
$350,000
$2,400
$352,400
Adjust Project Cost for the value of the aid
A1805 Contributions/Donations
0
$2,400
2,400
mo -bile -radios -that were traded in.
A1810 1215 Indian River Drive
$800,000
($42,089)
$757,911
Closes Project and reduces Transfers
}§T F� d Transfers
'%i
($550,000)
_$_4.2_ ,089
$_507,911
from the DST Fund.
8�4 or- king Waterfront #3
$25,450
$250
$25,700
Adjustment to cover expenditures needed
'ST Fund Transfers
----------------------------------
450
($25-- -}----------i-----)--------------------------------------------------------------
$250
( $25,700
in advance of grant approval.
'olice Vehicles and Equipment
0
$36,465
$36,465
Covers expenditures on Capital Items with
Police Operating Accounts
$616,502
($36,465)
$580,007
unused budgets from other accounts.
-
A1850_Airport Security Cameras_
$92,874
_ __ ($6,393)
$86,481
Closes Project and reduces Transfers
DST Fund Transfers
($92,874)
$6,393
($86,481
from the DST Fund.
15 of 124
CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT
FOURTH QUARTER ENDING SEPTEMBER 30, 2018 SUMMARY
THE FOURTH QUARTER FOR GENERAL FUND ENDED UNASSIGNED RESERVES ARE $4,964,250. CASH FLOW
WITH 114% OF BUDGETED REVENUES BEING RECEIVED LOANS FOR THE GOLF FUND AND THE AIRPORT
AND DEPARTMENTS HAVING SPENT 103% OF THE CONSTRUCTION FUND RESULT IN THE NET AVAILABLE
AMOUNTS BUDGETED DUE TO IRMA. AMOUNT OF $3,943,450.
GENERAL FUND SUMMARY
General Fund Revenue
4,000 ®Adjusted Budget DYeartoOaoe
N 3500
c 3,000
uRi 2,500
p 2,000
lC 1400 -y
1,000
s00 4
- _.yrs
„SVpes 160 JOS A60 8'1 tre a0c 05
M
00 eve (0�+d�
F 011
cp
GENERAL FUND RESERVES FORECAST
Fund
Budget
R&R
YTD
%
Beginning Fund Balance
$
$
$
4,507,146
Ad Valorem Taxes
4,524,624
Fund Balance/R&R Changes to Date:
4,535,279.45
100.2%
Franchise Fees
Unfinished 2017 Projects
1,333,454
(49,200)
1,316,792
98.8%
Utility Taxes
2,026,498
2,059,553
101.6%
Hurricane Recoveries
(6,167)
-
1,438,079
nla
Intergovernmental
2,796,959
Hurricane Overtime Cast
2,950,149
105.5%
Charges for Service
404,140
391,054
96.8%
Licenses and Other
U.S.#1 Poles Electric
451,902
611,084
135.2%
Transfers In
729,638
704,638
96.6%
Total Revenues
$
12,267,215
$
14,006,628
114.2%
From Fund Balance
529,837
Playground Mulch
nla
Total Sources
$
12,797,052
$
14,006,628
109.5%
City Council
School Air Conditioner
54,893
53,664
97.8%
City Manager
419,335
425,856
101.6%
City Clerk
226,010
(6,194)
207,260
91,7%
City Attorney
101,554
Admin.Services Carpet
100,267
98.7%
Admin Services
(7,789)
657,946
650,705
98.9%
MIS Division
Year to Date Uses
358,114
(325,933)
385,022
107.5%
Police Department
5,599,596
5,653,606
101.0%
Public Facilities
5,310,321
3,806,171
63,929
3,702,648
97.3%
Stormwater
Auditor Adjustments
-
Community Dev.
-
423,493
395,540
93.4%
Matthew/Irma Costs
Expected 9130118 Balance
-
5,310,321
565,628
nla
Non -Departmental
1,058,688
999,328
94.4%
Total Expenditures
$
12,705,800
$
13,139,525
103.4%
Unappropriated
$
91,252
Due from Golf Fund
n/a
Total Uses
$
12,797,052
$
13,139,525
102.7%
Ending Fund Balance
Net Available Funds
$
3,943,450
5,374,250
Receivables, Inventory, etc.
(410,000)
Net Unassigned Fund Balance
$
4,964,250
General Fund Revenue
4,000 ®Adjusted Budget DYeartoOaoe
N 3500
c 3,000
uRi 2,500
p 2,000
lC 1400 -y
1,000
s00 4
- _.yrs
„SVpes 160 JOS A60 8'1 tre a0c 05
M
00 eve (0�+d�
F 011
cp
GENERAL FUND RESERVES FORECAST
General Fund Expenditures
OAdjasted Upt Warta N2
6,000
in 5,000
C 000 111
3 3,000
0 ZP00
1,000
1 S w �
5 J C� ,p* No
GA 6111U1dr' � r�� 0 O'D�
I U U I I L'+
Fund
Balance
R&R
Account
Fund Balance 10101117
$
4,232,146
$
275,000
Year to Date Revenue
14,006,628
Fund Balance/R&R Changes to Date:
Unfinished 2017 Projects
(49,200)
Manager Search Cost
(26,500)
July 4th Fireworks
(6,167)
Manager Leave Payouts
(116,066)
Hurricane Overtime Cast
(128,000)
Broadcast Fiber
(1,879)
U.S.#1 Poles Electric
(3,900)
Police Air Conditioner
(39,721)
Cemetery Mower
(8,491)
Playground Unit
(13,368)
Playground Mulch
(11,558)
Concession Roof
(5,970)
School Air Conditioner
(4,305)
Parking Lot Curbing
(11,320)
Sign Shop Plotter
(6,194)
City Hall Air Conditioner
(74,305)
Admin.Services Carpet
(7,789)
Council Chambers Work
(22,271)
Year to Date Uses
$
(325,933)
$
(211,071)
Other Expenditures
(12,602,521)
Current Balance
$
5,310,321
$
63,929
Expected Changes to Year End:
Auditor Adjustments
-
-
Revenue vs. Expenditures
-
-
Expected 9130118 Balance
$
5,310,321
$
63,929
Receivables, Inventory, etc.
(410,000)
-
Adjust R&R to $275,000
(211,071)
211,071
Expected Unassigned Balance
$
4,689,250
$
275,000
Due from Golf Fund
(535,800)
Due from Airport Grants
(210,000)
Net Available Funds
$
3,943,450
General Fund Expenditures
OAdjasted Upt Warta N2
6,000
in 5,000
C 000 111
3 3,000
0 ZP00
1,000
1 S w �
5 J C� ,p* No
GA 6111U1dr' � r�� 0 O'D�
I U U I I L'+
CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT
FOURTH QUARTER ENDING SEPTEMBER 30, 2018 SUMMARY
THE BELOW CHART REFLECTS AMOUNTS COLLECTED GOLF COURSE RESOURCES ARE AFFECTED BY LOANS
OF ELLIGIBLE FEMA AND STATE REUNBURSEMENTS. FROM GENERAL FUND AND THE LOANS FROM THE
ANOTHER $356,792 WAS RECEIVED IN NOVEMBER. BUILDING FUND FOR IRRIGATIONICLUBHOUSE WORK.
$2500
Hurricane Reimbursements
ARE NOT BEING MATCHED WITH AIRPORT
$2,250
YTD
Budget
Beginning Resources
$2.000
%
Beginning Fund Balance
$
$1,750
$
Requested w R --dl
(630,048)
51,500
Rents
998,000
406.063
$1,250
100.1%
Interest
103,959
� $1,000
Miscellaneous
15,888
449.4%
6750
$s0o
$
1,001,535
$
5zso -
101.3%
Total Sources
$
$-
$
1,281,583
346,449
Operating Expenditures
Matthew
Irma
Totals
w Requested
$1,587,744
I $674,500
$2,256,244
Ln_Recelved
$1,439,710
l $-
51,439,710
EFFECTIVE WITH THE 2018-19 BUDGET, STORMWATER
DIVISION OPERATIONS WILL ALSO BE ACCOUNTED
FOR WITHIN THE STORMWATER REVENUE FUND.
STORMWATER FUND SUMMARY
INCLUDE GRANT RECEIPTS AND EXPENSES, AS THESE
ARE NOT BEING MATCHED WITH AIRPORT
FUNDS.
YTD
Budget
Beginning Resources
YTD
%
Beginning Fund Balance
$
116,453
$
266,603
(630,048)
Stormwater Fees
Rents
998,000
406.063
999,092
100.1%
Interest
103,959
3,535
Miscellaneous
15,888
449.4%
Total Revenues
$
1,001,535
$
1,014,980
101.3%
Total Sources
$
1,117,988
$
1,281,583
346,449
Operating Expenditures
Fuel Purchases
417,988
82,689
231,120
55.3%
Transfer to General Fund
25,000
700,000
EAST Fund Loan
700,000
100.0%
Total Uses
$
1,117,988
$
931,120
83.3%
Ending Fund Balance
478,638
86.5%
$
350,463
(527,981)
Expected Change to Year End:
Stormwater Fees and Interest
Expenditures
Transfer to General Fund -
Net Available Funds $ 350,463
REVENUES AND EXPENSES FOR THE AIRPORT DO NOT
INCLUDE GRANT RECEIPTS AND EXPENSES, AS THESE
ARE NOT BEING MATCHED WITH AIRPORT
FUNDS.
YTD
AIRPORT FUND SUMMARY
Beginning Resources
$
-
Budget
YTD
%
Beginning Resources
$ - $
(630,048)
722,330
Rents
405,015
406.063
100.3%
Fuel Sales
74,000
103,959
140.5%
Miscellaneous
74,440
70,683
95.0%
Total Revenues
553,456
580,705
104.9%
Total Sources
$ 553,456 $
(49,343)
nla
Operating Expenses
441,116
346,449
78.5%
Fuel Purchases
56,000
82,689
147.7%
General Fund Loan
25,000
25,000
100.0%
EAST Fund Loan
24,500
24,500
100.0%
Capital Outlay
6,840
-
0.0%
Total Expenditures
$ 553,456 $
478,638
86.5%
Total Ending Resources
(527,981)
Expected Change to Year End:
nla
Total Sources
$
Revenues
$
(179,734)
n!a
Expenditures
$
1,272,937
S
Expected 9130/18 Balance
98.4%
(527,981)
Due to General Fund
65,000
170.9%
Due to DST Fund
545,589
Net Available Funds
$
82,608
GOLF FUND SUMMARY
BUILDING FUND RESOURCES REMAIN AT GOOD
LEVELS, EVEN AFTER CONSIDERING THE LOAN TO THE
GOLF FUND.
BUILDING FUND SUMMARY
Budget
Budget
$ 31,486 5
YTD
%
Beginning Resources
$
-
S
(1,681,678)
6,700
Charges for Service
31,744
1,274,384
722,330
1,147,844
90.1%
Pro Shop Sales
17,853
55,000
13,633
81,460
148.1%
Rent
$ 722,330 $
42,000
17,592
41.9%
Sale of Carts
-
48,605
nla
Miscellaneous
11,514
6,748
58.6%
State Grant
50,000
50,000
nla
Transfers
149,695
149,695
100.0%
Total Revenues
1,582,593
1,501,944
94.9%
From Fund Balance
71,583
-
nla
Total Sources
$
1,654,176
$
(179,734)
n!a
Operating Expenses
$
1,272,937
S
1,253,200
98.4%
Pro Shop Purchases
35,000
59,803
170.9%
Cart Loan Payments
57,406
56,390
98.2%
Total Operating Expense
1,365,343
1,369,393
100.3%
Capital Expenses
323,949
323,457
99.8%
Building Fund Payment
31,744
31,744
100.0%
Total Uses
$
1,721,036
$
1,724,594
100.2%
Total Ending Resources
$
(66,860)
$
(1,904,328)
nla
Expected Change to Year End:
Revenues
Expenditures
Expected 9130118 Balance
(1,904,328)
Due to General Fund
535,800
Due to Building Fund
1,211,174
Net Available Funds (Shorfall)
$
(157,354)
BUILDING FUND RESOURCES REMAIN AT GOOD
LEVELS, EVEN AFTER CONSIDERING THE LOAN TO THE
GOLF FUND.
BUILDING FUND SUMMARY
Total Ending Resources
Expected Change to Year End:
Revenues
Expenditures
Expected 9130118 Balance
Due from Golf Fund
Net Available Funds
YTD
1,302,750
890.339
13,929
5,011
30,508
31.744
971,531
635,701
18,107
653,808
1,620,473
1,620,473
(1,211,174)
17$ of V499
%
140.1%
110.5%
111.4%
455.3%
100-0%
134.5%
104.6%
101.4%
n/a
nla
90.5%
Budget
Beginning Resources
$ 31,486 5
Licenses and Permits
635,300
Charges for Service
12,600
Fines and Forfeits
4,500
Miscellaneous
6,700
Golf Fund Loan Payments
31,744
Total Sources
722,330
Operating Expenses
607,723
Capital Outlay
17,853
Transfers Out (Clear Village)
13,633
Contingency
83,121
Total Uses
$ 722,330 $
Total Ending Resources
Expected Change to Year End:
Revenues
Expenditures
Expected 9130118 Balance
Due from Golf Fund
Net Available Funds
YTD
1,302,750
890.339
13,929
5,011
30,508
31.744
971,531
635,701
18,107
653,808
1,620,473
1,620,473
(1,211,174)
17$ of V499
%
140.1%
110.5%
111.4%
455.3%
100-0%
134.5%
104.6%
101.4%
n/a
nla
90.5%
CITY OF SEBASTIAN
FUND SUMMARIES
QUARTER ENDING 9/30/2018
2014/2015
2015/2016
2016/2017
2017/2018
2017/2018
2017/2018
4TH QTR
4TH QTR
4TH QTR
4TH QTR
ANNUAL
PERCENT
ACTUALS
ACTUALS
ACTUALS
ACTUALS
BUDGET
OF BUDGET
GENERAL FUND
TAXES
-7,178,016.00
-7,546,774.01
-7,785,255.29
-7,911,624.45
-7,884,576.00
100%
LICENSES & PERMITS
-147,218.23
-136,614.26
-135,899.23
-165,922.29
-138,500.00
120%
INTERGVT'L REVENUE
-2,515,809.77
-2,654,804.99
-2,807,990.42
-4,388,227.62
-2,796,959.00
157%
CHARGES FOR SERVICE
-320,953.80
-326,773.66
-312,759.64
-391,053.96
404,140.00
97%
FINES AND FORFEITS
-60,685.29
-72,009.68
-70,411.10
-47,701.30
-55,000.00
87%
MISC. REVENUE
-257,681.61
-328,119.61
-313,043.23
-397,460.50
-258,402.00
154%
TRANSFERS IN
-718,306.00
-677,150.60
-663,569.00
-704,638.00
-729,638.00
97%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
-529,837.00
0%
GENERAL FUND REVENUE
-11,198,670.70
-11,742,246.81
-12,088,927.91
-14,006,628.12
-12,797,052.00
109%
CITY COUNCIL
50,522.35
48,719.52
53,750.96
53,664.05
54,893.00
98%
CITY MANAGER
257,181.01
287,768.63
267,924.98
425,855.85
419,335.00
102%
CITY CLERK
343,529.92
353,079.53
180,697.73
207,259.74
226,010.00
92%
LEGAL
103,869.65
94,682.00
68,346.44
100,267.05
101,554.00
99%
ADMINISTRATIVE SERVICES
558,458.95
550,158.51
571,114.89
650,704.98
657,946.00
99%
M.I.S. DIVISION
184,978.63
199,227.08
165,193.25
385,022.17
358,114.00
108%
AUDIO VISUAL
0.00
163,252.96
107,121.26
0.00
0.00
n/a
POLICE DEPARTMENT
4,700,070.98
5,006,600.08
5,167,241.70
5,653,605.84
5,599,596.00
101%
ENGINEERING
0.00
0.00
604,499.51
24.29
0.00
n/a
PUBLIC WORKS
3,711,008.83
3,406,025.10
2,936,388.52
3,702,623.78
3,806,171.00
97%
COMMUNITY DEVELOPMENT
213,731.43
253,528.88
214,587.49
395,540.44
423,493.00
93%
NON -DEPARTMENTAL
1,10 2,805.02
1, 205, 249.38
1,492,113.12
1,S64,956.31
1,149,940.00
136%
GENERAL FUND EXPENDITURES
11,226,156.77
11,568,291.67
11,828,979.85
13,139,524.50
12,797,052.00
103%
LOCAL OPTION GAS TAX
TAXES
-633,095.83
-646,132.08
-674,778.08
-715,310.85
-683,001.00
105%
INTERGVT'LREVENUE
-10,050.00
-10,352.00
-12,532.00
-12,908.00
-12,908.00
100%
MISC. REVENUE
-239.45
-1,792,39
-947.47
-6,685.86
-1,182.00
566%
TRANSFERS IN
-207,000.00
-200,000.00
-200,000.00
0.00
0.00
n/a
FROM FUND BALANCES
0.00
0.00
0.00
0.00
-91,457.00
0%
LOGT FUND REVENUE
-850,385.28
-858,276.47
-888,257.55
-734,904.71
-788,548.00
93%
OPERATING EXPENSES
220,332.92
214,567.87
120,827.57
25,756.26
42,605.00
60%
DEBT SERVICE
242,783.29
242,748.10
14,267.50
27,570.45
27,498.00
100%
GRANTS AND AIDS
0.00
444,255.40
242,635.30
242,444.90
242,445.00
100%
TRANSFERS OUT
136,742.10
0.00
663,423.25
96,793.31
476,000.00
20%
TO FUND BALANCE
0.00
0.00
0.00
0.00
0.00
n/a
LOGT FUND EXPENDITURES
599,858.31
901,571.37
1,041,153.62
392,564.92
788,548.00
50%
DISCRETIONARY SALES TAX
TAXES
-2,916,092.42
-3,052,153.22
-3,207,904.68
-3,417,585.77
-3,187,750.00
107%
MISC. REVENUE
-29,239.63
-28,448.97
-15,463.05
-56,845.00
-27,708.00
205%
FROM FUND BALANCES
O.OD
0.00
0.00
O.OQ
-1,185,889.00
0%
DST FUND REVENUE
-2,945,332.05
-3,080,602.19
-3,223,367.73
-3,474,430.77
-4,401,347.00
79%
OPERATING EXPENSES
0.00
0.00
3,750.00
0.00
0.00
n/a
TRANSFERS OUT
3,534,495.65
2,785,072.78
3,309,345.77
2,563,710.52
3,605,526.00
71%
TO FUND BALANCES
0.00
0.00
0.00
0.00
795,821.00
0%
DST FUND EXPENDITURES
3,534,495.65
2,785,072.78
3,313,095.77
2,563,710.52
4,401,347.00
58%
RIVERFRONT REDEVELOPMENT FUND
MISC. REVENUE
-37,891.69
-39,019.14
-41,757.59
-46,615.21
-37,878.00
123%
TRANSFERS IN
-296,420.10
-349,624,18
-342,240.96
-366,531.86
-349,989.00
105%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
-469,234.00
0%
RRD REVENUE
-334,311.79
-388,643.32
-383,998.55
-413,147.07
-857,101.00
48%
OPERATING EXPENSES
134,396.84
253,927.54
71,807.59
205,798.68
254,192.00
81%
CAPITAL OUTLAY
26,095.86
15,083.90
0.00
0.00
23,000.00
0%
GRANTS AND AIDS
29,717.60
79,696.15
0.00
34,676.03
70,000.00
50%
TRANSFERS OUT
74,352.00
28,611.68
229,495.57
289,494.90
439,234.00
66%
TO FUND BALANCES
0.00
0.00
0.00
0.00
70,675,00
0%
RRD EXPENDITURES
264,562.30
377,319.27
301,303.16
529,969.61
857,101.00
62%
18 of 124
CITY OF SEBASTIAN
FUND SUMMARIES
QUARTER ENDING 9/30/2018
2014/2015 2015/2016 2016/2017 2017/2018 2017/2018 2017/2018
4TH QTR ATH QTR 4TH QTR 4TH QTR ANNUAL PERCENT
ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET
PARKING IN LIEU OF FUND
MISC. REVENUE
-20,013.88
-26,487.45
-25,413.57
-14,704.70
-14,204.00
104%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
0.00
n/a
PARKING IN LIEU OF REVENUE
-20,013.88
-26,487.45
-25,413.57
-14,704,70
-14,204.00
104%
OPERATING EXPENSES
0.00
61.60
0.00
0.00
0.00
n/a
CAPITAL OUTLAY
2,800.00
0.00
44,703.00
0.00
0.00
n/a
TRANSFERS OUT
0.00
0.00
13,792.00
0.00
0.00
n/a
TO FUND BALANCES
0.00
0.00
0.00
0.00
14,204.00
09/.
PARKING IN LIEU OF EXPENDITURES
21800.00
61.60
58,495.00
0.00
14,204.00
0%
RECREATION IMPACT FEE FUND
MISC. REVENUE
-137,176.65
-168,152.56
-111,587.38
-153,601.46
-168,680.00
91%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
-484,365.00
0%
REC. IMPACT FEE REVENUE
-137,176.65
-168,152.56
-111,587.38
-153,601.46
-653,045,00
24%
OPERATING EXPENSES
8,200.00
0.00
14,774.00
0.00
0.00
n/a
CAPITAL OUTLAY
0.00
14,874.50
0.00
0.00
0.00
n/a
TRANSFERS OUT
101,759.35
17,524.00
46,454.64
455,784.05
653,045.00
70%
TO FUND BALANCE
0.00
0.00
0,00
0.00
0.00
n/a
REC. IMPACT FEE EXPENDITURES
109,959.35
32,398.50
61,228.64
455,784,05
653,045.00
70%
STORMWATER UTILITY FUND
MISC. REVENUE
-988,635.86
-994,456.28
-1,002,136.12
-1,014,980.38
-1,001,535.00
101%
TRANSFERS IN
0.00
-1001000.00
-100,000.00
0.00
n/a
FROM FUND BALANCES
0.00
0.00
-116,453.00
0%
STORMWATER REVENUE
-988,635.86
-1,094,456.28
-1,102,136.12
-1,014,980.38
-1,117,988.00
91%
OPERATING EXPENSES
143,214.45
50,699.07
12,015.15
231,119.90
417,988.00
55%
TRANSFERS OUT
799,607.85
769,499.49
1,198,073.88
700,000.00
700,000.00
100%
TO FUND BALANCES
0.00
0.00
0.00
0100
0.00
n/a
STORMWATER EXPENDITURES
942,822.30
820,198.56
1,210,089.03
931,119.90
1,117,988.00
83%
LAW ENFORCE FORFEITURE FUND
FINES AND FORFEITS
-2,350.00
-1,048.33
-26,431.00
-550.00
-1,000.00
55%
MISC. REVENUE
-246.39
-27,743.61
-2,100.00
-854.41
-145.00
589%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
0.00
n/a
FORFEITURES FUND REVENUE
-2,596.39
-28,791.94
-28,531.00
-1,404.41
-1,145.00
123%
OPERATING EXPENSES
14,268.73
5,647.86
2,475.61
5,007.03
0.00
n/a
CAPITAL OUTLAY
0.00
15,158.69
10,523.50
0.00
0.00
n/a
GRANTS AND AIDS
3,000.00
3,000.00
3,000.00
1,500.00
0.00
n/a
TO FUND BALANCES
0.00
0.00
0.00
O.DO
1,145.00
0%
FORFEITURES FUND EXPENDITURES
17,268.73
23,806.55
15,999.11
6,507.03
1,145.00
568%
DST DEBT SERVICE FUND
MISC. REVENUE
-822.47
-914.74
336.69
0100
0.00
n/a
FROM FUND BALANCE
0.00
0.00
-354,853.76
0,00
0.00
n/a
TRANSFERS IN
-1,027,125.00
-867,111.96
0.00
0.00
0.00
n/a
DST DEBT SERVICE REVENUE
-1,027,947.47
-868,026.70
-354,517.07
0.00
0.00
n/a
OPERATING EXPENSES
0.00
0.00
0.00
0.00
0,00
n/a
DEBT SERVICE
1,029,306.50
1,028,624.80
354,517.90
0.00
0.00
n/a
DST DEBT SERVICE EXPENDITURES
1,029,306.50
1,028,624.80
354,517.90
0.00
0.00
n/a
STORMWATER DEBT SERVICE FUND
MISC. REVENUE
-558.09
-918.42
-1,316.08
-3,771.12
-900.00
419%
TRANSFERS IN
-401,736.98
401,141.04
-402,963.00
-403,792.00
-403,792.00
100%
FROM FUND BALANCES
0.00
0100
0.00
0.00
0.00
n/a
STORMWATER DEBT REVENUE
-402,295.07
-402,059.46
-404,279.08
-407,563.12
-404,692.00
101%
DEBTSERVICE
403,588.60
400,499.00
402,357.50
404,077.60
404,078.00
100%
TO FUND BALANCES
0.00
0.00
0.00
0.00
614.00
0%
STORMWATER DEBT EXPENDITURES
403,588.60
400,499.00
402,357.50
404,077.60
404,692.00
100%
19 of 124
CITY OF SEBASTIAN
FUND SUMMARIES
QUARTER ENDING 9/30/2018
20 of 124
2014/2015
2015/2016
2016/2017
2017/2018
2017/2018
2017/2018
4TH QTR
4TH QTR
4TH QTR
4TH QTR
ANNUAL
PERCENT
ACTUALS
ACTUALS
ACTUALS
ACTUALS
BUDGET
OF BUDGET
GOLF COURSE FUND
INTRGOVERNMENTAL REVENUE
0.00
0.00
0.00
-50,000.00
-50,000.00
100%
CHARGES FOR SERVICE
-1,257,158.78
-1,044,300.49
-985,744.12
-1,169,526.97
-1,294,434.00
90%
MISC. REVENUE
-77,269.44
-91,671.67
-150,950.91
-72,919.30
-53,464.00
136%
TRANSFERS IN
0.00
-981,158.00
-427,044.84
-149,695,00
-149,695.00
100%
FROM FUND BALANCES
0.00
0.00
0.00
0.00
-71,583.00
0%
GOLF COURSE FUND REVENUE
-1,334,428.22
-2,117,130.16
-1,563,739.87
-1,442,141.27
-1,619,176.00
89%
ADMINISTRATION
PERSONAL SERVICES
249,570.89
273,207.00
272,220.92
258,594.37
282,992.00
91%
OPERATING EXPENSES
341,242.96
410,009.21
349,078.80
540,245.12
307,450.00
176%
CAPITAL OUTLAY
5,899.00
1,409,110.40
567,588.85
303,920.42
323,949.28
94%
TRANSFERS OUT
0.00
0.00
0.00
7,118.00
31,744.00
22%
TO FUND BALANCES
0.00
0.00
0.00
0.00
0.00
n/a
ADMINISTRATION
596,712.85
2,092,326.61
1,188,888,57
1,109,877.91
946,135.28
117%
MAINTENANCE
OPERATING EXPENSES
570,897.67
578,949.62
572,528.73
578,142.63
581,254.00
99%
CAPITAL OUTLAY
0.00
0.00
0.00
0.00
0.00
n/a
DEBT SERVICE
-123.97
0,00
0.00
0.00
0.00
n/a
MAINTENANCE
570,773.70
578,949.62
572,528.73
578,142.63
581,254.00
99%
GOLF COURSE CARTS
PERSONAL SERVICES
95,327.18
92,368.95
85,335.97
89,401.02
92,841.00
96%
OPERATING EXPENSES
2,024.66
4,833.25
4,680.85
987.10
8,400.00
12%
CAPITAL OUTLAY
0.00
0.00
89,408,00
19,536.40
0.00
n/a
DEBT SERVICE
9,297.92
7,272.27
5,370.49
56,390.40
57,406.00
98%
GOLF COURSE CARTS
106,649.76
104,474.47
184,795.31
166,314.92
158,647.00
105%
GOLF COURSE FUND EXPENSE
1,274,136.31
2,775,750.70
1,946,212.61
1,854,335.46
1,686,036.28
110%
AIRPORT FUND
CHARGES FOR SERVICE
-8,913.87
-20,176.12
-18,302.18
-21,270.12
-18,000,00
118%
MISC. REVENUE
-468,777.10
-497,167,18
-308,206.83
-476,746.54
-479,456.00
99%
TRANSFERS IN
0.00
0.00
-82,967.44
0.00
0.00
n/a
AIRPORT REVENUE
-477,690.97
-517,343.30
-409,476.45
-498,016.66
-497,456.00
100%
PERSONAL SERVICES
117,126.56
141,689.20
216,083.96
141,470.78
228,229.00
62%
OPERATING EXPENSES
235,734.97
280,471,96
240,466.66
556,115.87
212,887.00
261%
CAPITAL OUTLAY
2,078.00
63,936.16
4,826.25
0.00
6,840.00
0%
DEBT SERVICE
19,401.00
19,376.00
24,500.00
19,452.10
24,500,00
79%
TRANSFERS OUT
50,000.00
50,000.00
10,000.00
0.00
25,000.00
0%
TO FUND BALANCE
0.00
0.00
0.00
0.00
n/a
ADMINISTRATION
424,340.53
555,473.32
495,876.87
717,038.75
497,456.00
100%
ECONOMIC DEVELOPMENT
OPERATING EXPENSES
10,035.48
13,584.98
0.00
0.00
0.00
n/a
ECONOMIC DEVELOPMENT
10,035.48
13,584.98
0.00
0.00
0.00
n/a
AIRPORT EXPENSE
434,376.01
569,058.30
495,876.87
717,038.75
497,456.00
144%
BUILDING FUND
LICENSES & PERMITS
-691,083.32
-782,501.73
-724,375.39
-890,339.36
-635,300.00
140%
CHARGES FOR SERVICE
-13,063.71
-12,635.85
-11,322.28
-13,928.68
-12,600.00
111%
FINES AND FORFEITS
-6,474.86
-6,502.35
-4,866.00
-5,011-00
-4,500.00
111%
MISC. REVENUE
-6,647.81
-13,660.26
-16,886.67
-30,507.64
-6,700.00
455%
TRANSFERS IN
0.00
0.00
-29,544.00
-7,118.00
-31,744.00
22%
FROM FUND BALANCE
0.00
0.00
0.00
0.00
-31,486.00
090
BUILDING REVENUES
-717,269.70
-815,300.19
-786,994.34
-946,904.68
-722,330.00
131%
PERSONAL SERVICES
428,474.55
428,667.31
454,375.22
531,662.91
503,260.00
106%
OPERATING EXPENSES
100,488.08
104,140.68
117,477.45
122,768.31
104,463.00
118%
CAPITAL OUTLAY
29,368.43
65,736.25
0.00
18,107.89
17,853.00
101%
TRANSFERS OUT
123,303.00
104,085.96
26,913.00
0.00
13,633.00
0%
TO FUND BALANCES
0.00
0.00
0.00
0,00
83,121.00
0%
BUILDING EXPENSE
681,634.06
702,630.20
598,765.67
672,539.11
722,330.00
93%
20 of 124
CITY OF SEBASTIAN
GENERAL FUND DEPARTMENTS
QUARTER ENDING 9/30/2018
21 of 124
2014/2015
2015/2016
2016/2017
2017/2018
2017/2018
2017/2018
4th QTR
4th QTR
4th QTR
4th QTR
ANNUAL
PERCENT
ACTUAL
ACTUAL
ACTUAL
ACTUAL
BUDGET
OF BUDGET
CITY COUNCIL
PERSONAL SERVICES
22,747.13
22,821.49
22,729.31
22,727.75
22,743.00
100%
OPERATING EXPENSES
27,775.22
25,898.03
31,021.65
30,936.30
32,150.00
96%
TOTALS
50,522.35
48,719.52
53,750.96
53,664.05
54,893.00
98%
CITY MANAGER
PERSONAL SERV;CES
250,296.36
277,444.59
261,054.74
386,538.71
381,259.00
101%
OPERATING EXPENSES
6,884.65
10,324.04
6,870.24
39,317.14
38,076.00
103%
CAPITAL OUTLAY
0.00
0.00
0.00
0.00
0.00
n/a
TOTALS
257,181,01
287,768.63
267,924.98
425,855.85
419,335.00
102%
CITY CLERK
PERSONAL SERVICES
287,661.84
287,489.64
150,152.33
159,304.31
163,525.00
97%
OPERATING EXPENSES
41,270.37
65,589.89
30,545.40
47,955.43
62,485.00
77%
CAPITAL OUTLAY
14,597.71
0.00
0.00
0.00
0100
n/a
TOTALS
343,529.92
353,079.53
180,697.73
207,259.74
226,010.00
92%
LEGAL
OPERATING EXPENSES
103,869.65
94,682.00
68,346.44
100,267.05
101,554.00
99%
TOTALS
103,869.65
94,682.00
68,346.44
100,267.05
101,554.00
99%
ADMINISTRATIVE SERVICES
PERSONAL SERVICES
480,509.59
452,107.90
461,830.44
525,069.64
525,611.00
100%
OPERATING EXPENSES
77,949.36
98,050.61
105,234.45
125,635.34
130,844.00
96%
CAPITAL OUTLAY
0.00
0.00
4,050.00
0.00
1,491.00
0%
TOTALS
558,458.95
550,158.51
571,114.89
650,704.98
657,946.00
99%
M.I.S. DIVISION
PERSONAL SERVICES
121,978.70
130,874.64
113,737.28
246,755.40
247,342.00
100%
OPERATING EXPENSES
32,471.30
68,352.44
51,455.97
138,266.77
110,772.00
125%
CAPITAL OUTLAY
30,528.63
0.00
0.00
0.00
0.00
n/a
TOTALS
184,978.63
199,227.08
165,193.25
385,022.17
358,114.00
108%
AUDIO VISUAL
PERSONAL SERVICES
0.00
102,068.78
92,766.78
0.00
0.00
n/a
OPERATING EXPENSES
0.00
25,365.03
14,354.48
0.00
0.00
n/a
CAPITAL OUTLAY
0.00
35,819.15
0.00
0.00
0.00
n/a
TOTALS
0.00
163,252.96
107,121.26
0.00
0,00
n/a
POLICE ADMINISTRATION
PERSONAL SERVICES
770,837.41
873,843.67
883,813.77
919,623.58
948,290.00
97%
OPERATING EXPENSES
114,750.31
122,937.29
120,668.60
119,784.95
128,407.00
93%
CAPITAL OUTLAY
3,700.00
23,302.61
0,00
36,465.00
36,465.00
100%
TOTALS
889,287.72
1,020,083.57
1,004,482.37
1,075,873.53
1,113,162.00
97%
POLICE PATROL
PERSONAL SERVICES
2,135,684.38
2,238,074.07
2,382,211.78
2,727,327.16
2,570,661.00
106%
OPERATING EXPENSES
219,761.15
211,527.70
270,954.06
294,834.83
298,623.00
99%
CAPITAL OUTLAY
17,306.75
8,241.00
19,372.80
23,228.53
23,196.D0
100%
TOTALS
2,372,752.28
2,457,842.77
2,672,538.64
3,045,390.52
2,892,480.00
105%
CODE ENFORCEMENT DIVISION
PERSONAL SERVICES
153,223.82
162,772.10
149,565.89
159,672.41
156,334.00
102%
OPERATING EXPENSES
14,626.79
15,944.75
15,138.06
18,914.38
18,365.00
103%
TOTALS
167,850.61
178,716.85
164,703.95
178,586.79
174,699.00
102%
POLICE INVESTIGATIONS
PERSONAL SERVICES
622,918.41
669,523.48
603,082.70
648,578.78
699,439.D0
93%
OPERATING EXPENSES
105,415.60
125,100.40
106,216.72
106,053.66
119,661.00
89%
CAPITAL OUTLAY
0.00
15,444.18
5,188.16
0.00
0.00
n/a
TOTALS
728,334.01
810,068.06
714,487.58
754,632.44
819,100.00
92%
21 of 124
CITY OF SEBASTIAN
GENERAL FUND DEPARTMENTS
QUARTER ENDING 9/30/2018
22 of 124
2014/2015
2015/2016
2016/2017
2017/2018
2017/2018
2017/2018
4th QTR
4th QTR
4th QTR
4th QTR
ANNUAL
PERCENT
ACTUAL
ACTUAL
ACTUAL
ACTUAL
BUDGET
OF BUDGET
POLICE COMMUNICATIONS
PERSONAL SERVICES
503,013.64
531,446.20
600,680.55
590,499.50
585,174.00
101%
OPERATING EXPENSES
8,849.94
8,442.63
10,348.61
8,563.06
14,981.00
57%
CAPITALOUTLAY
29,982.78
0.00
0.00
0.00
0.00
n/a
TOTALS
541,846.36
539,888.83
611,029.16
599,062.56
600,155.00
100%
ENGINEERING
PERSONAL SERVICES
0,00
0.00
300,441.09
0.00
0.00
n/a
OPERATING EXPENSES
0.00
0.00
239,137.92
24.29
0.00
n/a
CAPITAL OUTLAY
0.00
0.00
64,920.50
0.00
0.00
n/a
TOTALS
0.00
0.00
604,499.51
24,29
0.00
n/a
ROADS AND DRAINAGE
PERSONAL SERVICES
590,308.87
631,615.62
392,581.39
462,677.65
453,838.00
102%
OPERATING EXPENSES
121,191.92
83,688.14
72,499.71
338,184.19
356,830.00
95%
CAPITAL OUTLAY
134,086.03
29,106.61
3,639.35
7,544.00
7,544.00
100%
TOTALS
845,586.82
744,410.37
468,720.45
808,405.84
818,212.00
99%
STORMWATER UTILITY DIVISION
PERSONAL SERVICES
565,754.22
615,511.81
344,650.74
630,001.61
652,070.00
97%
OPERATING EXPENSES
609,807.30
448,749.18
377,194.87
487,987.12
506,107.00
969'o
CAPITAL OUTLAY
45,955.90
3,302.90
0.00
2,262.95
2,267.00
100%
TOTALS
1,221,517.42
1,067,563.89
721,845.61
1,120,251.68
1,160,444.00
97%
CENTRAL GARAGE
PERSONAL SERVICES
186,513.81
202,532.69
184,642.47
194,427.68
198,212.00
98%
OPERATING EXPENSES
22,666.08
26,331.08
27,228.20
24,420.76
31,670,00
77%
CAPITAL OUTLAY
2,786.00
28,524.99
2,334.99
0.00
0.00
n/a
TOTALS
211,965.89
257,388.76
214,205.66
218,848.44
229,882.00
95%
FACILITIES MAINTENANCE
PERSONAL SERVICES
143,605.92
101,865.18
94,487.05
133,131.12
123,964.00
107%
OPERATING EXPENSES
147,260.86
159,783.93
225,941.26
232,158.37
253,281.00
92%
CAPITAL OUTLAY
15,397.97
6,986.00
108,472.68
124,194.56
124,195.00
100%
TOTALS
306,264.75
268,635.11
428,900.99
489,484.05
501,440.00
98%
PARKS/RECREATION
PERSONAL SERVICES
660,97830
615,126.36
531,236.85
505,974.54
516,945,00
98%
OPERATING EXPENSES
224,214.65
234,660.75
394,222.92
369,163.23
383,734.00
96%
CAPITAL OUTLAY
51,824.29
37,874.92
10,880.00
4,368.00
7,600.00
57%
TOTALS
937,017.24
887,662.03
936,339.77
879,505.77
908,279.00
97%
CEMETERY
PERSONAL SERVICES
155,229.57
146,746.72
140,364.64
149,727.85
152,983.00
98%
OPERATING EXPENSES
33,427.14
30,318.22
26,011.40
27,909.19
26,440.00
106%
CAPITAL OUTLAY
0.00
3,300.00
0.00
8,490.96
8,491.00
100%
TOTALS
188,656.71
180,364.94
166,376.04
186,128.00
187,914.00
99%
COMMUNITY DEVELOPMENT
PERSONAL SERVICES
188,832.07
235,558.82
180,910.10
357,598,49
378,851.00
94%
OPERATING EXPENSES
24,899.36
17,970.06
33,677.39
37,941.95
44,642.00
85%
CAPITAL OUTLAY
0.00
0.00
0.00
0100
0.00
n/a
TOTALS
213,731.43
253,528.88
214,587.49
395,540.44
423,493.00
93%
NON -DEPARTMENTAL
PERSONAL SERVICES
131,047.75
230,284.00
284,765.30
291,741.15
343,822.00
85%
OPERATING EXPENSES
625,417.44
631,265.38
611,345.09
634,267.89
637,896.00
99%
CAPITAL OUTLAY
0.00
0.00
1,765.00
2,918.00
2,918.00
100%
TRANSFERS OUT
346,339.83
343,700.00
594,237.73
636,029.27
74,052.00
859%
TO FUND BALANCES
0.00
0.00
0.00
0.00
91,252.00
0%
TOTALS
1,102,805.02
1,205,249.38
1,492,113.12
1,564,956.31
1,149,940.00
136%
TOTAL GENERAL FUND
11,226,156.77
11,568,291.67
11,828,979.85
13,139,464.50
12,797,052.00
103%
22 of 124
CITY OF SEBASTIAN
CAPITAL PROJECT STATUS REPORT AS OF SEPTEMBER 30, 2018
Project
Budget Share
Project
Expenditures
Funds
Numher
Description
Budaet Sources
fin Thousands of Sl
Bud¢et
To Date
Encumbrances
RemnlninQ
FY2015
A1518
Clear Village Software
OF/BLDG
20141
61,012
43,729
17,283
A1521
Community Center Parking (COMPLETE)
RIF
61.3
61,320
61,320
-
A1562
Indian River Lagoon (CLOSED)
GF/SW
761200
28,899
28,899
-
TOTAL
S
151,231
$
133,947
S
17,283
S
FY2016
A1603
Payroll Automation (COMPLETE)
OF
5
5,100
5,100
-
A161 l
Police Evidence Garage (COMPLETE)
DST
452
452,120
452,120
A1621
Working Waterfront Phase 2A (COMPLETE)
DST/GRANT
238189
326,547
326,547
A1655
Taxiway C,D E, Design (COMPLETE)
DSTIGRANT
161249
264,430
264,430
-
A1656
AP Master Plan Update
DST/GRANT
261265
291,000
279,450
12,350
(800)
TOTAL
S
1,339,197
S
1,327,647
S
12,350
S
(800)
FY2017
A1701
Chamber Sign (COMPLETE)
GF
11
10,899
10,899
A1710
Hurricane Matthew Expenses (COMPLETE)
GF/FEMA
1737
1,737,105
1,737,105
A1713
MIS Servers (COMPLETE)
DST
50
50,306
50,306
A1714
Police Vehicles & Equip (COMPLETE)
DST
392
392,027
392,027
A1719
Hurricane Irma Expenses (COMPLETE)
GF/FEMA
408
407,876
407,876
-
-
A1724
BSSC Football Field Restrooms
RIF/Donation
13011
131,000
16,787
-
114,213
A1725
Comprehensive Plan Parks & Recreation (COMPELTE)
RIF
20
19,600
19,600
-
A1726
Riverview Park Playground (COMPLETE)
GF
46
46,368
46,368
-
A1741
Clubhouse Reconstruction (COMPLETE)
GFIDSTIGrant
69/190/50
309,264
311,774
-
(2,510)
A1742
GC Cart Path Repairs (COMPLETE)
BLDG DEPT
68.6
68,592
57,441
-
11,151
A1750
AWOS Ill -T System (COMPLETE)
DSTIGRANT
21/85
106,478
106,478
-
A1762
Septic to Sewer Grants
CRA/GRANT
230A00
330,000
120,261
-
209,739
A1764
Oyster Pointe Drainage
DST
136
65,320
12,400
36,567
16,353
A1765
Oyster Bags ® Working Waterfront
SWIGRANT
24/24
47,928
3,496
-
44,432
TOTAL
S
3,569,025
S
3,292,817
S
36,567
S
239,641
FY2018
A1800
Audio Visual Equipment (COMPLETE)
DST
23
$
22,927
S
22,927
S
-
S
A1901
Laserfiche Upgrade (COMPLETE)
DST
48
$
48,055
S
48,055
S
-
S
A1802
Computer Upgrades
DST
35
$
34,902
S
33,169
S
1,733
S
A1903
Wireless System (COMPLETE)
DST
3.3
$
3,313
$
3,313
$
-
S
-
A1804
Firewall Software
DST
63
S
62,942
S
60,049
S
2,150
S
743
A1805
Police Vehicles & Equip
DST
352.4
$
352,400
S
81,008
5
189,814
S
81,578
A1806
Evidence Building Fixtures (COMPLETE)
DST
8.5
S
8,563
S
8,563
S
-
5
A1807
Radio System Upgrades (COMPLETE)
DST/GF
65/1
$
66,164
S
66,164
S
S
A1808
Power Source for 911 Center (COMPLETE)
DST
13.7
S
13,696
S
13,696
S
S
A1809
City Hall Air Conditioners (CLOSED)
DST
40
$
-
S
-
$
S
A1810
Purchase 1215 Indian River Drive
DSTICRA
548/250
S
757,911
S
756,069
S
S
1,842
A1811
Generators
DST
40
S
40,000
S
3,000
S
S
37,000
A1812
Security Camera & Door Access Systems-PD/City Hall
DST
48
$
48,000
S
-
S
47,843
S
157
A1900
Computer Upgrades (from FY 19)
DST
33
$
32,877
S
-
S
11.965
S
20,912
A1820
Pickleball Courts
DST
213
S
213,000
S
16,062
S
-
S
196,938
A1821
BSSC Ballfield Lighting (COMPLETE)
RIF
378
S
377,638
S
377,638
S
$
-
A1822
ADA Playgound
RIF
80
S
80,000
S
-
S
$
80,000
A1823
Cemetery Irrigation System
DST
150
$
150,000
S
-
S
S
150,000
A1824
Working Waterfront Phase 3
DST
25.7
S
25,700
S
13,556
S
12,145
S
-
A1825
Cemetery Expansion
CTF
40
S
40,000
5
3,870
S
5,400
S
30,730
A1830
Speed Cushions & Signage (CLOSED)
LOOT
0
S
-
$
-
$
•
S
-
A1831
Street Milling & Repaving
LOGT
481
S
481,000
S
96,793
S
376,865
S
7,342
A1832
Street Reconstruction (COMPLETE)
DST
370.4
S
370,396
S
370,396
S
$
-
A1833
Public Works Compound
DST
86.1
S
86,104
S
19,325
S
S
66,779
A1850
Moderize Security Cameras (COMPLETE)
DSTIGRANT
22/64
S
86,481
S
86,481
S
$
A1851
Taxiway D & E Construction
DST/GRANT
97/184
S
1,936,152
S
1,968,713
S
S
(32,561)
A1952
Construct Shade Hangars
DSTIGRANT
125/500
S
625,000
S
58,021
S
539,968
S
27,011
A1853
Airport Entrance Signage (COMPLETE)
DST
20
S
22,648
S
22,648
S
S
-
A1854
Taxiway C Construction
DSTIGRANT
3/1216
S
2,218,952
S
2,705
S
S
2,216,247
A1860
Stonecrop Drainage
DST/GRANT
1881563
S
750,000
S
10,804
S
8,341
S
730,855
A1861
Sewer Connection Grants
GF/SW
47/200
S
247,173
S
-
S
-
S
247,173
A1862
Stormwater Drainage Projects
DST
7
$
50,718
S
6,950
S
43,768
S
-
TOTAL
GRAND TOTAL
S 9,252,712 $ 4,149,975 $ 1,239,991 S 3,862,746
S 14,312,165 5 8,904,387 S 1,306,191 S 4,101,588
23 of 124
QUARTERLY INVESTMENT REPORT
FOR THE QUARTER ENDED SEPTEMBER 30, 2018
At September 30, 2018, the total of the City's cash and investments were $11,265,454,90. Of this, $7,021,106.00 was held in an
interest bearing checking account at Seacoast National Bank, $3,737,831.89 was invested with the State Board of Administration
and $506,517.01 is deposited with Florida Trust, which invest in short-term bonds. The City did not purchase any new securities
during the quarter and does not hold any direct investments in government securities. Returns at the end of the quarter were 2,19%
and 2.11% for the Bank and State Board. Since the investment was initially made with Florida Trust, our average annualized return
has been .49% over the 25 months it has been invested.
SEACOAST NATIONAL BANK
STATE BOARD OF ADMINISTRATION (SBA)
CURRENT
CURRENT
CASH BALANCE ALLOCATION
BALANCE
PERCENT
INVESTMENT ALLOCATION
BALANCE
PERCENT
General Fund
S 3,061,98042
43,61%
General Fund
S 1,302,615.57
34,85%
Local Option Gas Tax Fund
344,167,70
4.90%
Local Option Gas Tax Fund
181,084,01
4,04%
Discretionary Sales Tax Fund
2,057,611.88
29,31%
Discretionary Sales Tax Fund
816,308.92
21,84%
Riverfront Redevelopment Fund
333,360.50
4.75%
Riverfrom Redevelopment Fund
99,928,60
2,67%
Parking ln-Lieu,Of Fund
0.00%
Parking In-Lieu-OFFund
54,464.81
146%
Recreation Impact Fee Fund
470,970.95
6.71%
Recreation Impact Fee Fund
180,720.60
4.83%
Stormwater Utility Fund
357,217.67
5.09%
StormwaterUtility Fund
-
OM%
Law Enrorrement Forfeiture Fund
8,786.95
0.13%
Law F-rtforcemcnt Forfeiture Fund
35,232.44
0.94%
Stormwater Series 2403 Debt Service Fund
173,497.96
147%
Stormwater Seises 2001 Debt Service Fund
-
0,00%
Capital Projects Fund
(531,396.70)
-7,57%
Capital Projects Fund
-
0,00%
Capital Improvements Fund
0.001/6
Capital Improvements Fund
-
0.00%
Transportation Fund
0.00°/.
Transportation Fund
(O.IO)
0.00%
Stormwater Projects Fund
230,135.05
3.23%
StormwaterProjects Fund
-
OM%
GoIFCourseFund
(310,960.90)
4.43%
Golf Course Fund
-
0.00°/.
Airport Fund
168,502,73
2,40%
Airport Fund
-
0,00%
Airport Projects Fund
(72,954.03)
-1.041/.
Airport Projects Fund
-
0,001/6
Building Department Fund
618,456.51
9.81%
Building Department Fund
118,898.61
3.18%
Cemetery Trust Fund
109,97931
S.57%
Cemetery Trust Fund
886,238.36
23.71%
Performance Deposits Fund
1,750.00
0,02%
performance Deposits Fund
92,340.00
2,47%
Total Bank Balance
S 7,021,106.00
100.00%
Total SBA Balance
S 3,737,831.89
100.00%
24 of 124
MLf
SE�TIAV
HOME OF PELICAN ISLAND
To: Mayor and City Council
Thru: Paul Carlisle, City Manager
From: Kenneth W. Killgore, Administrative Services Director
Date: January 9, 2019
Re: 4' Quarter Accomplishments Fiscal Year 2018
Enclosed please find the 4`s Quarter Accomplishments for City Departments as assembled and edited by the Administrative
Services Department for the three months ended September 30, 2018.
CITY CLERK
Leeislative Sunnort Matters
• City Clerk prepared agenda, attended/recorded four Regular City Council meetings, one workshop, one special and two
budget meetings
• Completed follow up of approved Council matters — contracts, letters, emails, scanned to LF and indexed
• Twenty resolutions adopted by Council and one adopted by the CRA
• Six ordinances adopted by Council
• Six proclamations prepared for presentation by the Mayor
• Provided monthly City calendars and revisions to Council, City staff and press
• Six advertisements placed with TC Palm
• Coordinated attendance of clergy for Council meeting invocations
• Prepared travel reimbursements for FLC attendees
• Swore in one new Police Officer
Records Manaaement Program
• Responded to 40 public records requests
• 231 cubic feet of paper records met retention along with duplicate and OSA records were destroyed by shredding vendor
• Four boxes of Personnel files, five boxes of Capital Improvements and Purchase Orders were imported into Laserfiche for
permanent retention
• Transferred and documented four bid records for storage
• Documented and destroyed three months of customer complaint electronic records
Election Matters
• Qualified three candidates for November b, 2018 Election
• Posted Supervisor Swan's elections slides on Channel 25
• Coordinated Early Voting in Chambers
Citv Board Matters
+ Noticed vacancies, prepared three board appointments, notified and provided info to appointees, updated board handbook
and distributed pages
• City Clerk prepared agenda, attended/recorded two CRA and two BOA meetings within Council Meetings
• Records Clerk published all scanned City board packets to City website and Laserfiche and provided to press and Council
• Coordinated the taking and transcription of board minutes with technical writer
• Revised Code to allow retired contractors to serve on Construction Board
Cemetery Matters
* Certificates of Interment Rights issued for seven locations for a total of $13,000,
• Scanned all cemetery records as sold or amended for permanent retention
Personnel/EducationaI Matters
• Records Clerk attended three project management meetings
• Records Clerk attended three events committee meetings.
• Records Clerk completed FEMA Courses 100 200 700 & 800
• City Clerk completed FEMA Courses 100 200 & 700
25 of 124
Communitv Matters
• Responded to or forwarded CITYSEB emails to appropriate departments
• City CIerk volunteered at First Responders Cook -Off
• City Clerk attended the 911 ceremony
• City Clerk & Records Clerk assisted with the remodel of the Council Chambers
• Assisted by advertising and setting up for the Opioid Summit
ADMINISTRATIVE SERVICES
• Worked with the State and FEMA to pursue remaining reimbursements due on Hurricane Matthew.
• Provided administrative support to the Police Pension Board.
• Researched providers of purchasing cards and selected PNC Bank to achieve a better rate.
• Served on Selection Committee for new tenant at the Golf Course Restaurant and Committee for Leisure Services Director.
• Prepared Yd Quarter Budget Amendment and made presentation to Budget Committee and City Council.
• Drafted FY2018-19 Operating Budget and Capital Improvement Program.
• Presented FY2018-19 Operating Budget and Capital Improvement Program to the Budget Review Board.
• Presented Capital Improvement Program to the Planning and Zoning Board.
• Prepared agenda items and power point presentations on FY2018-19 Operating Budget and Capital Program.
• Assisted with negotiations of wage opener provisions of the PEA and PBA Labor Agreements.
• Complied with Laws regarding public hearing dates and filing property tax forms for budget and millage approvals.
• Handled normal processing of payroll, accounts payable and cashiering.
• Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress.
• Coordinated the quarterly employee investment meetings with the ICMA representative.
• Monitored and completed required grant paperwork on Airport and other grants.
• Monitored and approved payments on major contracts.
• Worked on review and revision of City personnel policies.
• Recruited, interviewed and hired replacements for vacant positions.
POLICE DEPARTMENT
Administration
• Continued review of agency policies as per accreditation standards.
• Conducted interviews for police officer and 911 operator positions. Hired 1 police officer and 1911 operator.
• Attended 5 special event meetings with city staff and participated in 3 fundraising events, including Christmas in July event
to benefit the Shop with a Cop program.
• Made 5 promotions: 1 Captain, 2 Lieutenants and 2 Sergeants.
• Administration attended 5 Council meetings.
• Attended over 90 Law Enforcement related meetings and 18 public meetings and/or speaking engagements.
• Administrative personnel attended over 50 hours of training.
• Continued to collect statistical data to include: personnel, community, crime, etc.
• Responded to 11 public records requests.
• Continued our Community Outreach Program focusing on enriching our relationship with our citizens hosting events.
• Worked on maintenance and up keep of building, replaced carpet and painted select rooms.
Volunteers
• The Community Service Volunteers worked a total of 2,109 hours during this quarter.
• 52 bank deposit details were made. This service is done for City Hall so employees do not leave their assigned duties.
• 0 traffic control details were assigned. These consist of directing traffic at city events, road closures, etc.
• 1,362 house watches/close patrols were completed.
• 33 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc.
• 87 business checks were made. These are conducted to help keep an eye on the business community help reduce crime.
• 60 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime.
• 50 Airport checks were made. The visibility helps to deter crime.
• 89 special details were assigned.
• 3 miscellaneous assists for law enforcement personnel.
• 154 paper runs, i.e.: State Attorney's Office, Sheriffs Office, etc. The volunteers pick up and deliver packages such as
council packages, State Attomey paperwork, and miscellaneous items as needed.
• Assisted with traffic control on 15 traffic crash scenes.
• 0 warnings for handicapped parking tickets issued and 0 warnings for other parking infractions issued.
• 9 citizen contacts.
• 393 miscellaneous jobs.
• 1,031 hours of Escorts were completed.
26 of 124
School Resource Officers
Area/school checks
I Schoolout
Schoolout
Schoolout
Schoolout
Schoolout
Schoolout
192
10
79
0
0
1
40
44
0
0
110
0
0
2
46
57
0
0
189
0
0
3
86
101
192
10
Life Skills classes taught
GREAT classes taught
Reports
Crossing Guard contacts
Mentorlunches
Patrol hours
Community event hours
Patrol hours
Mentor lunches
Crossing Guard contacts
Reports
GREATclasses taught
Life Skills classes taught
Area/school checks
0 50 100 150 200 250
Sept.
■ Aug.
■July
Road Patrol and Snecial Operations
+ Officers were dispatched to 6792 tails for service, and self -initiated 4179 events.
• 93 adult and 7 juvenile arrests were made.
• Officers issued 209 citations, 13 parking citations, and 737 written warnings.
• Officers completed 515 offense reports and 97 crash reports.
Special Operations
Incident
Citations Wamincs Reports Arrests
Traffic Homicides (462) 0 0 1 0
Boat Ofc (Assigned to shift coverage).
K-9 Ofc's (41/38/59/42) 15 88 23 8
TOTALS 15 88 23 8
K-9 Unit
+ K-9 Training Hours: 240
• Misdemeanor Arrests: 4
• Felony Arrests: 1
• Narcotic Searches: 11
• Activity Reports: 7
• K-9 Demonstrations: 4
• Schools Attended: Less Lethal Instructor and Taser Instructor
• Additional Training Hours: SRT, In-house, New Hires and K-9 School — 256
• Agency Assisted: Fellsmere PD, Indian River County and Brevard County
Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to
deter crime and maintain the community policing philosophy. Officers and sergeants maintain their skills by attending
mandatory and advanced training throughout the year.
27 of 124
3
Community Policing & Crime Prevention Officer
ARRESTS
1
2
1
4
WARRANTS
1
2
1
4
TRAINING/MEETINGS (hours)
5
3
12
20
FOLLOW-UPS
6
5
4
15
ACTIVE CASES
3
4
2
9
ASSISGNED CASES
6
4
5
15
CLEARED CASES
4
3
3
10
INACTIVE CASES
0
0
0
0
SUPPLEMENTS
10
5
5
20
SURVEILLANCE (HOURS)
18
24
8
50
COPE QUARTERLY REPORT
ACTIVITY HOURS
Community Events: Agency Outreach:,Rs.�gio •, Admin &Outreach:
COMMUNITY EVENTS 66 trorarFlight -12 Ch ristmas in July -12 Ircarht Permit Board -4
AGENCY OUTREACH EVENTS 12 CaW!n Hiram s LE Event -9 Speciat Events Meeting -
I Coffee */a Cop -2 2
54 J Gril. Out Night -8 Co Leadership Meetng - 4
10 I lsi tesponder Coot Off -20 Eiuharae Club -27 Awards -2
abckParty-10 ActaryCIUb.6 SRO -.43
Banque,, -3
Pit&=NG 147 9-1L Ceremony w EOL G Road/Catrt:37 Events Prep .32
13 I First ResponC¢r: y
SRO Coverage I 43 I Banking l
Chamber -1 EKplarcrPhst
EXPLORER POST ACTIWTIES I 58 G-A.P- 4 Activtes-SY Social Media
TRAINING AND SCHOOLS I 11$ PuWitTraningtlasses: Laporte rarm:-4
-- Active Shocte r -e; Management
IN-SEUILE 16111 1 I ,,1 11 5.AF.E.Women -30Training and Schools: Facebcok
SOCIAL MEDIA MANAGEMENT I 24 Rad(.ds-100 SRO school -W Twister
Iderttry Theft -4 tri -Service - 32 Instagram
ADMINISTRATION & RESEARCH 47 aoySmuts Presentation
-2 Honor Guard -i Sebastian PI) App
ROAD PATROL COVERAGE 37
Service Inst
New h -re -2
It ACTIVITYFirearms-5
Trainers Meeting7
■ COMMUNITY EVENTS
13 58 0AGENCY OUTREACH EVENTS
■ COMMUNITY MEETINGS
118 ■ SCHOOL -RELATED EVENTS
PUBLIC TRAINING CLASSES
I42 ■ REGIONAL OUTREACH
11
24 a SRO Coverage
a EXPLORER POST ACTIVITIES
47 ■ TRAINING AND SCHOOLS
10 37 ill IN-SERVICE INSTRUCTION
SOCIAL MEMA, MANAGEMENT
412
0 a ADMINISTRATION & RESEARCH
ROAD PATROL COVERAGE
COPE UNIT ACTIVITY CHART
28 of 124
4
Communications Division
Disp. Calls For Service
1,427
1,470
819
452
4,320
718
333
2,044
1,304
944
77
1,414
1,522
757
461
4,296
727
348
2,231
1,301
892
35
1,407
1,305
702
456
4,052
483
259
1,543
922
661
42
4,248
4,297
2,278
1369
12,161
1,928
944
5,818
3,527
2,497
154
Officer Initiated Calls
Code Enf. Initiated Calls
Volunteer Initiated Calls
Calls Entered Into CAD
911 Calls Received
911 Calls Transferred Out
Admin, Calls Received'
Admin, Calls Transferred
Outgoing Admin. Calls
Training/Meeting Hours
' phone system error
Crime Scene/Evidence
Property Received
I 50
Il 21
5
7
55
0
27
11
6
4
60
48
10
25
971
1
17
4
0
4
73
31
12
23
28
2
20
10
6
6
183
100
27
SS
1054
3
64
25
12
14
Property Processed
Property Sent to Lab
Property Returned
Property Disposed
Cars Impounded
Video's Burned
Supplements Written
Training Hours
Call Outs
Cal I Outs
Training Hours
Supplements Written
Video's Burned
Cars Impounded
Sept.
Property Disposed
` ■ August
Property Returned
■ ■luly
Property Sent to Lab
Property Processed
r
Property Received
0 200 400 600 800 1000 1200
29 of 124
I
Code Enforcement
Of the 2,467 code calls for the quarter the following is a breakdown of some specific calls made:
• Issued 664 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash
and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc.
• 98 property inspections for title companies and 107 sign violations.
• 650 Code Services.
• 888 re -inspections, 105 violations were not complied with, 172 were posted for abatement, 44 abated by vendors.
+ 579 violations complied.
• 26 Liens filed, 20 liens released.
+ 198 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an
attempt to gain compliance.
• There were 0 calls for water violation during the fourth quarter. Issued 459 written warnings. This range from grass and
weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining
lot, no permit for a fence install, etc.
Alarm Assessment:
• $550.00 in alarm permits (new and renew)
• $100.00 in false alarms fines
• 136 alarm responses by officers, 50 of these were false.
+ 25 New permits issucd$580.00 in alarm permits (new and renew).
FACILITIES MAINTENANCE DEPARTMENT
Roads Division
Tree WorkfRight of Way
o Cut back multiple complaints on Indian River Dr. before Fourth of July
o Raised tree canopies in overflow parking lot before Fourth of July
o Raised tree canopies on Cross St. next to police department.
o Weed shacked ditch bank next to pair discount on Wimbrow Dr.
o Weed shacked Concha/Joy Haven dam
o Mowed/weed whacked all city bridges.
o Cut back right of way along Shakespeare, Barber, Main
o Cut back right of way along Periwinkle sidewalk.
o Cut back right of ways along Laconia, Filbert, S. Wimbrow, Bayfront
o Cut back right of ways in various spots throughout town as needed
o Cut down palm tree at splash pad for new solar panels.
o Cut and repair roads at the end of Joy Haven, intersection of Hibiscus/Easy, Gulfstream
o Fill potholes and road edges throughout the city.
Road Crossing Patches (72 Tons of asphalt)
o Concha/Esterbrook
o Perch/Jettie
o Melrose/Jettie
o Tunisorv'Seaside
o Albatross/Clearmont
o Brookedge/Coverbrook
o Rolling Hill/Barber
a JoyHaven/Spinnaker (double)
o Bayharbor/Croquet (double)
o Shakespeare/Periwinkle
4 Midvale
Concrete
o Removed ,formed and poured 18x5 sidewalk at council chambers
o Dug out, formed and poured 20x6 walkway at senior center and set bollard,
o Excavated and repaired Seawall and yacht club and poured 20x5 sidewalk
o Ground down all hazards on sidewalk from Schumann to Barber on Englar Dr.
o Ground down main trip hazards in Riverview Park on sidewalks before the 4th of July Event.
o Ground down sidewalk hazards around the senior center /art center building.
o Cut 13 crosswalks on Indian River Dr. to be removed
o Removed 13 crosswalks over the course of 9 days from 7/20/2018-7/27/ 2018 & 7/30/2018-8/03/2018.
o Removed section of cart path on golf course for pipe repair
30 of 124
• Miscellaneous
o Graded overflow parking lot with millings before Fourth of July
o Graded parking lot at Storm Water park with millings
o Filled in potholes in the nature trail parking lot
o Took core sample of crosswalk at Davis
o Hauled in coquina rock for crosswalk project.
o Set new wooden fence next to bathroom at Fisherman's Landing
o Dug out the end of the Main St. boat ramp
o Remove telephone pole at cemetery
o Trimmed trees, ground brush,
o Cleaned out curb & gutters on Easy, Schumann south of Englar
o Sealed Expansion joints on Periwinkle/Concha
o Removed shade canopies and uprights from splash pad
Sign Shop
• Signage and Installation
o Sign Creation
o Decals created
o Pavement markings
o Signs Installed
o Signs straightened Daily as needed
o Stop bars
o Traffic dataistudies
• Special Projects
o Inspections
o MOT Special Events
o Maintain shop/suppliers On-going
o Speed
• New Assignment- Special Project
o Replacing Outdated signage Ongoing
o Parking lot Restriping Ongoing
Facilities Maintenance
o Perform daily maintenance, cleaning, and repairs to all city buildings
o Perform monthly AC maintenance, filters, coil cleaning & condensate lines
o Maintain city fountains and flags
o Maintain & monitor lift stations
o Fire Sprinkler testing
o Splash Pad: Repairs, maintenance and daily monitoring of Splash Pad Water Park
o Splash Pad: Preparation for FPL solar panel project
o City Hall/Police Dept.: Generator monitoring report
o Police Dept.: Paint training room, and report writing room
o Police Dept.: Replace carpet training room, briefing room, report writing room
a Crab - E- Bills: Replace tank less hot water unit
o Airport Admin. Building: Roof repair lobby
o City Hall: A/C unit ##2 replacement, roof repair second floor conference room
o City Hall: Backflow prevention assembly training
o City Hall: Concrete sidewalk replacement (east side), repaint council chambers
o City Hall: Replace carpet Council Chambers
Cemetery
o Routine Mowing, weed eating, fixing irrigation - Ongoing
o Sandhill/FPL pole down,
o Road, sand gone up to Dr.'s wall
o Planted plants at gazebo
o Burials (10) Cremains (11)
o Pick up items not allowed — Ongoing
o Rain Gauge- 10
31 of 124
7
Parks
o Playground inspections
o Set up for Events
o Install new tennis net at Schumann
o Installed new batteries for the deEbulators at Barber St. Sports Complex (July)
o Install new tables and remove old ones at Yacht Club
o Maintain trimming trees and removing debris at the parks
o Repaired irrigation head and lines at City Hall
o Installed Pelican on Fountain at Riverview Park
o Installed basketball nets at Barber St. Sports Complex
o Repaired fence at Riverview Park
o Repair bike rack at Community Center
a Pressure wash playgrounds & remove graffiti
o Installed parking curb at Riverview Park
o Painting handicap spaces at Barber St. Sports Complex
o Installed anchors for the bases at Barber St. Sports Complex
o Repair fountain at Historical Park
o Removed sand from playground George St, Park
o Repaired lenses for lights at Friendship Park
o Continue maintenance on all of the parks and medians, which involves mowing, edging, weed eating, trimming
hedges, pulling weeds, emptying and picking up trash
Recreation
o The Recreation Division -- Continued city run programs.
Construction Saecialist
• Parks:
o Stage set up and move
o Set-up for events (4th of July)
o Electrical Repairs
o Light repair (street)
o Right of way cut backs (city wide)
o Mowing Stormwater park
o Repairs Hardy Park
o Repair stairs at football field
o Mow city vacant lots
• Main Street Ramp:
o Light repair (street)
a Clean ramps
a Pier inspections (4)
• Yacht Club:
o Seawall Repairs
o Sidewalk Replacement
o Monthly Pier inspections (4)
• Indian River Drive:
o Crosswalk removal and fill
o Light Repairs
o Crab- E-Bills
o Plumbing repairs
o Estimate for pump replacement
o Pier Inspections (4)
• Golf Course:
o Install Lighting
• Cemetery:
o Repair Electrical Outlets
a Replace Pole Lighting
32 of 124
8
• City Hall:
o Electrical issues a/c units
o Parking lot lighting
• Police Department:
o Evidence Building Electrical Panel
o Interior Lighting
• Splash Pad:
o Remove shade system
o Electrical issues pump
o Tree removal
• Garage:
o Transport Equipment for repairs
o Equipment Repairs
Fleet Management
o The Fleet Management Staff completed 286 repair work orders, 39 preventive maintenance services 6 service calls
and 3 road trips to pick up parts.
o In addition to in-house vehicle/equipment work orders, 26 vehicle and equipment repairs were scheduled and
completed by outside vendors.
o A. Gov. Deals Auction: Auctioned 3 surplus and /or confiscated items/lots for a net amount of $32,611.20
o Fuel Cost as of the Sept, 2018 is as follows:
o $2.30 per gallon of gasoline increase 6.08% over the past 90 days
o $2.64 per gallon of diesel fuel increase of 9.84% over the past 90 days
STORMWATER DEPARTMENT
+ Vac- Truck:
a Baffle Boxes — 6 boxes — 6 — c y collected
o Catch Basins- 8 cleaned — 3.25 c y collected
a Driveway culverts cleaned — 117 — 39 c y collected
o Road Crossing cleaned- 26 — 5.75 c y collected
• Armadillo:
o Swale work — Zone 5
0 6,209 Lin. Ft. — trenched — 34.5 c y collected
• Front Swale Work (strip and re -grade):
• 7,200 sq. ft. of sod replaced — 560 c y of debris removed
• Road Crossing Pipes Replaced:
• 7 — replaced — 575 Lin. Ft. of pipe installed
• Contracted Driveway Replacement:
• 8 — Culverts replaced — 205' of pipe
• Rear Ditch Excavation (zone 4 — zone 5):
• All main ditches — 1,700 c y of vegetation removed
• Right of ways (cut-backs):
0 227 — Empty lots (zones 1 -2 -3-4) due to drainage or hazards
0 Zones 4 - 2,160 Lim ft. cleaned out.
• Management:
o Citizen Complaints — 330 calls (126 Stormwater Related)
o Plan reviews w/community development
o Stormwater credit inspections
o Project Management
o Finalizing FEMA Grant (Stonecrop Project)
• Inspections (Phil Patnode):
o (Stormwater)
0 25 — Driveways
0 7 -- Road Crossings
33 of 124
9
o (Building Dept.)
a
75 -Fence Permits
0
1- Slab Only
0
44 - New Home Permits
0
69 - Driveway (Eng.)
0
58 - Drainage Pipe/Elevations
0
24 - Engineering Final
o
- Final Engineering
0
09- Termite /Final Cert.
o
Total : 416 Total Inspections
AIRPORT
• Assist Sky Dive Sebastian in hosting USA National Parachute Championships
• Disassembled and packaged old AWOS system for resale
• Assisted ADS Security with installation of airport security cameras and new gate
access points
+ Continued daily service and maintenance activities relating to:
o Avgas Quality Assurance testing
o Maintaining terminal building landscaping
o Maintaining airport lighting and cutting infield grass
GOLF COURSE
Revenue
17-18
16-17
Difference_+/_ -
4th Quarter Rev.
$177,137
$154,147
+$221990
YTD Tot. Rev.
$1,283,836
$1,148,376
+$135,460
4th Quarter Rounds
8,190
3,849
+4,341
YTD Tot Rds.
41,932
37,310
+4,622
Green Fee -4th Q.
$50,705
$12,131
+$38,574
Cart Fee -4th Q.
$100,769
$38,645
+$62,124
Annual Member 4th Q.
$0
$0
$0
YTD Ann, Mem.
584,877
$84,413
+$464
USGA Hdcp. 4th Q.
$20
$20
$0
Disct. Card 4th Q.
$46.73
$0
+$46.73
YTD Disct. Cd.
$30,048
$27,634
+$2,414
Driving Range 4th Q.
$6,705
$3,204
+$3,501
YTD Dr. Rge.
$41,141
$34,653
+$6,488
Club Rental 4th Q
$480
$87
+$393
CIub Storage 4th Q.
$23
$5
+$18
YTD CR & CS
$5,422
$4,519
+$903
Golf Shop Retail 4th Q.
$14,358
$5,251
+$9,107
YTD Shop Retail
$81,460
$43,930
+$37,530
PGA Pro Lesson 4th Q
$529
$0
+$529
YTD Lesson
52,441
$2,476
-$35
Rev. con't.
17118
16/17
Difference+/ -
Restaurant Rent 2nd
$3,500
$5,449
-$1,949
YTD Rest. Rent
$3,500
$26,999
-$23,499
Comments:
• Revenue increase on Year to Date total revenue, green fees, cart fees and rounds, mostly due to green re -grassing
project which took place prior fiscal year (16-17). All other revenue categories also showed good increases.
Restaurant rent down (from 16-17), due to change in vendors at Restaurant.
• Charity, Corporate and special Golf Tournaments for 4th quarter included Sebastian River High School Rugby (88
players), Sebastian River High School Boys & Girls Golf Teams (86 players), Palm Bay Golf Association (28 players)
& Habitat Travel Group (24 players).
• Charity, Corporate and Special Golf Tournaments scheduled for 1st quarter (17-18) include Palm Bay Golf
Association, Central Baptist Church, Italian -American Club of Sebastian, Sebastian VFW, Sebastian Amateur &
Sebastian Rotary.
• Continued success with Tuesday afternoon junior golf clinics in conjunction with the Indian River Golf Foundation.
• Receiving excellent reviews and comments from patrons regarding new, re -grassed greens (with Champion Ultra -
Dwarf) and overall golf course conditions.
34 of 124
10
• All weekly leagues, including Wojo's Monday League, Postal League, Sebastian Men's and Women's Golf
Associations, Sebastian Business League and weekend `Blitz" leagues, offering great support and repeat play.
• Restaurant bid created and Restaurant committee selected Pelican Diner.
• Hole #5 tee complex renovated, added approximately 3,100 square feet, entire tee area re -leveled and Celebration sod
was installed and fully established quickly.
• In conjunction with the Indian River Golf Foundation, junior clinics and SNAG (Starting New at Golf) clinics offered.
Also, private and group junior golf lessons are always available.
• 2018 Sebastian Amateur dates set for November 17 & 18.
BUILDING DEPARTMENT
• In the fourth quarter of this fiscal year, a total of 44 new single-family homes were issued building permits. New single
family residence permits has decreased slightly from the last quarter. Other permits of significance include 0 new
manufactured homes, 0 new commercial building, 0 commercial additions, 1 commercial alteration, 0 commercial build
outs, 3 residential additions and 6 residential alterations. In all, 1176 building permits were issued in the fourth quarter.
Over all permitting has decreased compared to the last two quarters this fiscal year.
• Total number of inspections for the fourth quarter was 5176 for an average of 82 inspections per working day. The
number of inspections has remained about the same as the third quarter. A decrease in permitting this quarter will most
likely affect the number of inspections in the next quarter.
• The Fire Marshal's office has performed annual inspections on 2 day care facilities, 1 assisted living facility and 1 business
at the request of the owners of the properties to satisfy their state licensing requirements. Also performed 2 occupant load
calculations for restaurant owners who needed a seating change verification in order to satisfy DBPR Division of Hotels
and Restaurants.
• The number of Certificates of Occupancy issued for the fourth quarter included 54 new single family residences, 1 new
manufactured home, 2 commercial certificates of occupancy, 1 commercial temporary certificate of occupancy and 0
commercial certificates of completion.
• The following lists the Business Tax Receipt activity for the fourth quarter: New Businesses -23, Renewals -745, Transfers-
•, Duplicates -0, Home Based Businesses -278, Commercial Businesses428, Insurance Companies -62 and Solicitor
Registrations -5. In addition, there have been 37 requests for permit records on properties within the city from lien/title
companies.
• The building department remains busy; permitting and inspection activities are steady. Our newest inspector has now
completed all of his requirements and passed his state exams to become a State Licensed Standard Building Inspector. He
was previously working off a provisional license issued by the board. Contractor licensing and Business Tax Receipt
renewals is keeping staff very busy this time of year.
35 of 124
rnres
SE�TKN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: January 9, 2019
AGENDA ITEM TITLE: Approval of Budget Calendar for Preparation of the Annual Budget
and Capital Improvement Program for Fiscal Year 2019-2020.
RECOMMENDATION: Approve the Budget Calendar for Fiscal Year 2019-2020.
BACKGROUND: The City Council typically approves the Budget Calendar outlining the
planned meetings and events that are expected to occur as we prepare and request approval of
the Annual Budget and Capital Improvement Program. This allows the participants to have
advance knowledge of the process and anticipated meeting times.
We have not yet been formally notified of the dates planned for by
the County and School Board, so those meetings have been scheduled based on the days they
have typically selected in past years. According to State Law, the City's public hearings must not
be held at the same times as the County and School Board. Although there are a few of the
deadlines and dates that cannot be changed, the Budget Calendar is a general guideline and is
subject to changes based on new information or unforeseen events.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: None
Amount Budgeted in Current FY: None
Amount of Appropriation Required: None
Fund to Be Utilized for Appropriation: N/A �]
Administrative Services Department Review:' l -.
ATTACHMENTS: Fiscal Year 2019-2020 Budget Calendar.
101
City Manager Authodzation:
Date:
36 of 124
CITY OF SEBASTIAN
FISCAL YEAR 2019-2020 BUDGET CALENDAR
DATE
DAY
EVENT
01/07/19
Monday
Budget Review Advisory Board @6:00pm — Introductory Meeting and Review of 4"'
Quarter FY2017 Budget Report
01/09/19
Wednesday
City Council @6:00pm — Approve Budget Calendar and 0 Quarter Budget Report
01/14/19
Monday
Budget Review Advisory Board @6:00pm — Discussion of Budget Challenges and
Priorities
01/23/19
Wednesday
City Council @6:00pm — Discussion of Budget Challenges and Priorities
02/15/19
Friday
Departments Receive Forms and Instructions for Capital Improvement Program
03/11/19
Monday
Budget Review Advisory Board @6:00pm — Review I" Quarter Budget Report
03/13/19
Wednesday
City Council @6:00pm — Approve 1st Quarter Budget Report
03/15/19
Friday
Departments Submit Capital Improvement Program Request to Administrative Services
03/27/19
Wednesday
City Council @6:00pm —Approval of Strategic Plan, Goals and Objectives
04/19/19
Friday
Departments Receive Forms and Instructions on Operating Budget Preparation
05/10/I9
Friday
Departments Submit Operating Budget Request to Administrative Services
05/31/I9
Friday
Estimate of Property Values Received from Property Appraiser
06/05/19
Wednesday
Complete Review of Department Request and Balancing of CIP and Draft Budgets
06/10/19
Monday
Budget Review Advisory Board @6:00pm — Review 2nd Quarter Budget Report
06/11/19
Tuesday
City Council and Budget Review Advisory Board Provided Recommended CIP and
Operating Budget documents
06/12/19
Wednesday
City Council @6:00pm — Approve 2nd Quarter Budget Report
06/17/19
Monday
Budget Review Advisory Board @6:00pm — Presentation of Draft CIP and Operating
Budget
06/24/19
Monday
Parks and Recreation Board @ 6:00pm — Review of Recreation Impact Fee Uses in CIP
06/28/19
Friday
DR -420 Certified Property Values Received from Property Appraiser
07/08/19
Monday
Budget Review Advisory Board @6:00pm — Discussion on Proposed Millage to be
Recommended to City Council
07/15/19
Monday
Budget Review Advisory Board @6:00pm — Continued Discussion on Proposed Millage
to be Recommended to City Council, If Needed
07/24/19
Wednesday
City Council @6:00pm — Receive Budget Review Advisory Board Recommendation and
Approve Proposed Millage to be Submitted to Property Appraiser
07/26/19
Friday
Deadline to send DR -420 Proposed Millage Form to Property Appraiser
08/02/19
Friday
Planning and Zoning Board Provided the Draft CIP Summary
08/05/19
Monday
Budget Review Advisory Board @6:00pm — Review 3rd Quarter Budget Report
08/14/19
Wednesday
City Council @6:00pm — Approve 3rd Quarter Budget Report
08/15/19
Thursday
Planning and Zoning Board @6:00pm — Approval of Capital Improvement Program
08/19/19
Monday
Budget Review Advisory Board @6:00pm — Update on Significant Changes to the
Capital Improvement Program and Operating Budget (if any)
08/28/19
Wednesday
City Council @6:00pm — Presentation on CIP and Budget Recommendations
09/04/19
Wednesday
First Public Hearing on County Budget
09/09/19
Monday
Final Adoption of School Board Budget
09/11/19
Wednesday
Final Public Hearing on County Budget
09/16/19
Monday
City Council @6:00pm — Special Meeting for First Public Hearing on Millage and
Budget/Approval of Capital Improvement Program/Financial Policies
09/21/19
Saturday
Advertise the Tentative Millage and Proposed Budget
09/25/19
Wednesday
CRA/City Council Meeting @6:00pm — Approve Community Redevelopment Agency
Budget/Final Public Hearing on Millage and Budget
09/26/19
Thursday
Send Resolution Adopting Final Millage to Property Appraiser
37 of 124
LMa
SEBAST_N
HOME OF PELICAN ISL AND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date- 9 January 2019
Aqenda Item Title: Forfeiture Fund Distribution
Recommendation: Approve donation in the amount of $1,500 to the Executive
Roundtable of Indian River County on behalf of the Sebastian
Police Department.
Background: The Executive Roundtable of Indian River County is an
established 501C(3) requesting donations to fulfill the tasks of
effecting positive change and facilitating the needs of families
in Indian River County.
If Aqenda Item Requires Expenditure of Funds:
Total Cost: $1,500.00
Amount Budgeted in Current FY: -0-
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation: Forfeiture Find "
Administrative Services Department Review:u-
Attachments
1. Florida Statute 932.7055
2. Letter from Chief
Cit7Ma �g�erori?lif6n:
Date:
38 of 124
Statutes &. Constitution :View Statutes : Online Sunshine
Select Year: ; 2018 v Go
The 2018 Florida Statutes
Paue 1 of 4
Title XLVII Chapter 932 View Entire
CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chanter
CORRECTIONS PROCEDURE LAW
932.7055 Disposition of liens and forfeited property.—
(1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal
property, it may elect to:
(a) Retain the property for the agency's use;
(b) Sell the property at public auction or by seated bid to the highest bidder, except for real
property which should be sold in a commercially reasonable manner after appraisal by listing on the
market; or
(c) Salvage, trade, or transfer the property to any public or nonprofit organization.
(2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on
which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact
disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is
recorded is no longer needed for an official purpose. The agency may not sell or retain any image.
(3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(7)
(b), the agency shall:
(a) Sell the property with the proceeds being used towards satisfaction of any liens; or
(b) Have the lien satisfied prior to taking any action authorized by subsection (1).
(4) The proceeds from the sale of forfeited property shalt be disbursed in the following priority:
(a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings.
(b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance,
security, and forfeiture of such property.
(c) Payment of court costs incurred in the forfeiture proceeding.
(d) Notwithstanding any other provision of this subsection, and for the 2017-2018 fiscal year only,
the funds in a special law enforcement trust fund established by the governing body of a municipality
may be expended to reimburse the general fund of the municipality for moneys advanced from the
general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires
July 1, 2018.
(5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shalt be
deposited in a special law enforcement trust fund established by the board of county commissioners or
the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for
school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention
programs, or for other law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing automated external
defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal
39 of 124
http://www.leg,state.fl.us/STATUI"1 S/index.cfiii'?App_mode=Display „Statute&Search ... 12/31/2013
Statutes & COnStitUtiOtl Nievv Statutes : Online Sunshine
Pa, -,e ?cif 4
grants. The proceeds and interest may not be used to meet normal operating expenses of the law
enforcement agency.
(b) These funds may be expended upon request by the sheriff to the board of county commissioners
or by the chief of police to the governing body of the municipality, accompanied by a written
certification that the request complies with the provisions of this subsection, and only upon
appropriation to the sheriff's office or police department by the board of county commissioners or the
governing body of the municipality.
(c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall
apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a
written certification that the moneys will be used for an authorized purpose. Such requests for
expenditures shall include a statement describing anticipated recurring costs for the agency for
subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall
provide an accounting for such moneys and shall furnish the same reports as an agency of the County or
municipality that receives public funds. Such funds may be expended in accordance with the following
procedures:
1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood,
drug abuse education, or drug prevention programs or such other law enforcement purposes as the
board of county commissioners or governing body of the municipality deems appropriate.
2. Such funds shall not be a source of revenue to meet normal operating needs of the taw
enforcement agency.
3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida
Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such
proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood, or school resource officer program or programs. The local law
enforcement agency has the discretion to determine which program or programs will receive the
designated proceeds.
Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe
neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board
of county commissioners or the chief of police and the governing body of the municipality may agree to
expend or donate such funds over a period of years if the expenditure or donation of such minimum
amount in any given fiscal year would exceed the needs of the county or municipality for such program
or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established
in subparagraph 3. does not preclude expenditures or donations in excess of that amount.
(6) If the seizing agency is a state agency, all remaining proceeds shalt be deposited into the
General Revenue Fund. However, if the seizing agency is:
(a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the
Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust
Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as
provided in s. 943.365, as applicable.
(b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida
Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into
the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable.
(c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the
40 of 124
http://w4vvv.Ieo.state.fl.us/STATUTES/index.ctin"App mode=Display Statute:&Search ... 12/3 1/2018
Statutes &. Constitution Niew Statutes : Online SunShilIC
Paue 3 of 4
Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor
Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal
Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable.
(d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions
of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided
in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided
in s. 379.337.
(e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's
Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution
of criminals within the judicial circuit.
(f) A school board security agency employing law enforcement officers, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the School
Board Law Enforcement Trust Fund.
(g) One of the State University System police departments acting within the jurisdiction of its
employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband
Forfeiture Act shall be deposited into that state university's appropriate local account.
(h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the
Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the
department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable.
(i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant
to 21 U.S.C. ss. 881(e)(1 )(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited
into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on
the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as
provided in s. 250.175, as applicable.
(j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the
Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and
prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control
Unit.
(k) The Division of Investigative and Forensic Services in the Department of Financial Services, the
proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance
Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the
funding of anti -arson rewards.
(l) The Division of Investigative and Forensic Services of the Department of Financial Services, the
proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the
insurance Reputatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services'
Federal Law Enforcement. Trust Fund as provided in s. 17.43, as applicable.
(7) If more than one taw enforcement agency is acting substantially to effect the forfeiture, the
court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute at(
proceeds and other property among the seizing agencies.
(8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a
title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law
enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency
41 of 124
http://tivvvAv.leg.state.fl.tis/STATUTE:S/index.cfni'?App_.mode=Display StatLIte&Search ... 12/31/2018
Statutes & Constitution :View Statutes : Online Sunshine Page 4 of
shall issue a title certificate for such property to said law enforcement agency.
(9) Neither the law enforcement agency nor the entity having budgetary control over the law
enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and
approval of the budget for the law enforcement agency.
History. -s. 5, ch. 92-54; s. 2, ch. 92-290; s. 21, ch. 94.265; s. 479, ch. 94-356; s. 5, ch. 95.265; s. 72, ch. 96-321; s. 41,
ch. 96-418; s. 2, ch. 98-387; s. 3, ch. 98-389; s. 4, ch. 98-390; s. 5, ch. 98-391; s. 2, ch. 98.392; s. 2, ch. 98-393; s. 2, ch. 98-
394; s. 61, ch. 99.245; s. 2, ch. 2000-147; ss. 26, 79, ch. 2002-402; s. 1923, ch. 2003-261; s. 37, ch. 2003-399; s. 3, ch. 2004-
39; s. 38, ch. 2004-234; s. 16, ch. 2004-344; s. 23, ch. 2005-3; s. 19, ch. 2005.71; s. 2, ch. 2005-109; s. 5, ch. 2005-117; s. 11,
ch. 2006-26; s. 20, ch. 2006-176; s. 21, ch. 2006-305; s. 7, ch. 2007.14; s. 10, ch. 2007-73; s. 10, ch. 2008.153; s. 207, ch.
2008.247; s. 7, ch. 2009.82; s. 8, ch. 2010-153; s. 18, ch. 2011-47; s. 31, ch. 2012-88; s. 15, ch. 2012-119; S. 4, ch. 2013-5; S.
12, ch. 2013-41; s. 13, ch. 2014-43; s. 22, ch. 2014-53; s. 2, ch. 2015-7; s. 35, ch. 2015.222; s. 58, ch. 2016-62; s. 45, ch.
2016.165; S. 4, ch. 2016.179; s. 51, ch. 2017-3; s. 19, ch. 2017-71.
Copyright O 1995.2.018 The Florida Legislature • Privacv Statement • Contact Us
42 of 124
http://www.ieg.state.fl.tis/STATUTES/index.cfin?App_mode=Display_Statute&Search ... 12/31/2018
BASTri
P ICE
,pVARTMEpi
Sebastian Police Department
1301 Main street
Sebastian, Florida, 33953
773-589-5113 Fax iia -388-1873 a -mail mmorrisrc+cityofsebastian.org
J. Michelle Morris, Chief
January 2, 2019
Council Members,
I certify per Florida State Statute 932.7055 5(a) (b) the donations do comply with
the provisions of this statute.
Sincerely,
Michelle Morris
hief of Police
43 of 124
Lm 1+
SEBASTAN
HOME Cf nUCAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meetinq Date: 9 January 2018
Aqenda Item Title: Forfeiture Fund Distribution
Recommendation: Approve donation in the amount of $1,000.00 to the Substance
Awareness Center on behalf of the Sebastian Police
Department.
Backwound: The Substance Awareness Center is a non-profit organization
that provides services to our community for drug addiction,
education and prevention.
If Aqenda Item Reauires Expenditure of Funds:
Total Cost: $1,000.00
Amount Budgeted in Current FY: -0-
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation: Forfeiture Fun
Administrative Services Department Review:
Attachments
City Manager Au or/�---7"_ ,� izat
Date: / 1-2- //�
1. Florida Statute 932.7055
2. Letter from Chief
44 of 124
Statutes &. Constitution :View Statutes : Online Sunshine Page l oi'4
Select Year: 1 20t8 v j ' Go
The 2015 Florida Statutes
Title XLViI Chapter 932 View Entire
CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter
CORRECTIONS PROCEDURE LAW
932.7055 Disposition of liens and forfeited property. --
(1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal
property, it may elect to:
(a) Retain the property for the agency's use;
(b) Set[ the property at public auction or by sealed bid to the highest bidder, except for real
property which should be sold in a commercially reasonable manner after appraisal by listing on the
market; or
(c) Salvage, trade, or transfer the property to any public or nonprofit organization.
(2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on
which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact
disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is
recorded is no longer needed for an official purpose. The agency may not sell or retain any image.
(3) If the forfeited property is subject to a lien preserved by the court as provided in S. 932.703(7)
(b), the agency shalt:
(a) Sell the property with the proceeds being used towards satisfaction of any liens; or
(b) Have the lien satisfied prior to taking any action authorized by subsection (1).
(4) The proceeds from the sale of forfeited property shalt be disbursed in the following priority:
(a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings.
(b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance,
security, and forfeiture of such property.
(c) Payment of court costs incurred in the forfeiture proceeding.
(d) notwithstanding any other provision of this subsection, and for the 2017.2018 fiscal year only,
the funds in a special law enforcement trust fund established by the governing body of a municipality
may be expended to reimburse the general fund of the municipality for moneys advanced from the
general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires
July 1, 2018.
(5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be
deposited in a special law enforcement trust fund established by the board of county commissioners or
the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for
school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention
programs, or for other law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing automated external
defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal
45 of 124
http://ww,�v.leg.state.tl.us/STATUTES/index.cfni'?App_inode=Displav__Statute&Search ... 12/31:'2018
Sta[utCS & C onslitution : View Statutes : Online Sunshine
Page 2 of 4
grants. The proceeds and interest may not be used to meet normal operating expenses of the law
enforcement agency.
(b) These funds may be expended upon request by the sheriff to the board of county commissioners
or by the chief of police to the governing body of the municipality, accompanied by a written
certification that the request complies with the provisions of this subsection, and only upon
appropriation to the sheriff's office or police department by the board of county commissioners or the
governing body of the municipality.
(c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall
apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a
written certification that the moneys will be used for an authorized purpose. Such requests for
expenditures shalt include a statement describing anticipated recurring costs for the agency for
subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall
provide an accounting for such moneys and shall furnish the same reports as an agency of the county or
municipality that receives public funds. Such funds may be expended in accordance with the following
procedures:
1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood,
drug abuse education, or drug prevention programs or such other law enforcement purposes as the
board of county commissioners or governing body of the municipality deems appropriate.
2. Such funds shalt not be a source of revenue to meet normal operating needs of the taw
enforcement agency.
3. Any local taw enforcement agency that acquires at least $15,000 pursuant to the Florida
Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such
proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood, or school resource officer program or programs. The focal law
enforcement agency has the discretion to determine which program or programs will receive the
designated proceeds.
Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe
neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board
of county commissioners or the chief of police and the governing body of the municipality may agree to
expend or donate such funds over a period of years if the expenditure or donation of such minimum
amount in any given fiscal year would exceed the needs of the county or municipality for such program
or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established
in subparagraph 3. does not preclude expenditures or donations in excess of that amount.
(6) If the seizing agency is a state agency, all remaining proceeds shalt be deposited into the
General Revenue Fund. However, if the seizing agency is:
(a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the
Florida Contraband Forfeiture Act shalt be deposited into the Forfeiture and Investigative Support Trust
Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as
provided in s. 943.365, as applicable.
(b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida
Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into
the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable.
(c) The Department of highway Safety and Motor Vehicles, the proceeds accrued pursuant to the
46 of 124
llttp://wtitiw.lei,.state.fl.us/STA-FUTES/index.cfm?App mode=Display Statute&Search 12/31/2018
Statutes & CotlSlitlllion Niew Statutes : {inline SUIlShinC
Pare') of 4
Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor
Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal
Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable.
(d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions
of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided
in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided
in s. 379.337.
(e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's
Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution
of criminals within the judicial circuit.
(f) A school board security agency employing law enforcement officers, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School
Board Law Enforcement Trust Fund.
(g) One of the State University System police departments acting within the jurisdiction of its
employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband
Forfeiture Act shall be deposited into that state university's appropriate local account.
(h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the
Florida Contraband Forfeiture Act shalt be deposited into the General Inspection Trust Fund or into the
department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable.
(i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant
to 21 U.S.C. ss. 881(e)(1 )(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited
into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on
the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as
provided in s. 250.175, as applicable.
(j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the
Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and
prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control
Unit.
(k) The Division of Investigative and Forensic Services in the Department of Financial Services, the
proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance
Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the
funding of anti -arson rewards.
(t) The Division of Investigative and Forensic Services of the Department of Financial Services, the
proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the
Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services'
Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable.
(7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the
court having jurisdiction over the forfeiture proceedings shalt, upon motion, equitably distribute all
proceeds and other property among the seizing agencies.
(8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a
title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law
enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency
47 of 124
http://w"-%v.le,).state.fl.ust'STATu,rES/index.cfm?App_mode=Display Statute&Search ... 12/;1/2018
Statutes & Constitution :View Statutes : Online Sunshine; Page 4 of 4
shall issue a title certificate for such property to said law enforcement agency.
(9) Neither the law enforcement agency nor the entity having budgetary control over the law
enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and
approval of the budget for the law enforcement agency.
History. -s. 5, ch. 92-54; s. 2, ch. 92.290; s. 21, ch. 94-265; s. 479, ch. 94-356; s. 5, ch. 95-265; s. 72, ch. 96-321; s. 41,
ch. 96-418; s. 2, ch. 98.387; s. 3, ch. 98-389; s. 4, ch. 98-390; s. 5, ch. 98-391; s. 2, ch. 98.392; s. 2, ch. 98-393; s, 2, ch. 98-
394; s. 61, ch. 99.245; s. 2, ch. 2000-147; ss. 26, 79, ch. 2002-402; s. 1923, ch. 2003.261; s. 37, ch. 2003-399; s. 3, ch. 2004-
39; s. 38, ch. 2004-234; s. 16, ch, 2004-344; s. 23, ch. 2005.3; s. 19, ch. 2005-71; s. 2, ch. 2005.109; s. 5, ch. 2005.117; s. 11.
ch. 2006-26; s. 20, ch. 2006-176; s. 21, ch. 2006-305; s. 7, ch. 2007.14; s. 10, ch. 2007-73; s. 10, ch. 2008-153, s. 207, ch.
2008-247; s. 7, ch. 2009-82; s. 8, ch. 2010-153; s. 18, ch. 2011.47; s. 31, ch. 2012.88; s. 15, ch. 2012-119; s. 4, ch. 2013-5; s.
12, ch. 2013.41; s. 13, ch. 2014.43; s. 22, ch. 2014-53; s. 2, ch. 2015.7; s. 35, ch. 2015-222; s. 58, ch. 2016.62; s. 45, ch.
2016-165; s. 4, ch. 2016-179; s. 51, ch. 2017-3; s. 19, ch. 2017-71.
Copyright Q 1995-2018 The Rodda Legislature • Privacv Statement • Contact Us
48 of 124
http://www.leg.state.11.us/STATUTES/index.cfm?App.._mode=Display_Statute&Search ... 12/31/2018
Sebastian Police Department
1201 ldain Street
5ebastian, Florida, 32958
ii2-589-52-33 Fax 772-388-1872 e-mail nunorrisgLityofsebastian.org
J. Michelle Morris, Chief
January 2, 2019
Council Members,
I certify per Florida State Statute 932.7055 5(a) (b) the donations do comply with
the provisions of this statute.
Sincerely,
Michelle Morris
hief of Police
49 of 124
an
SEi9mT�N
--
HOME Of PELICAN ISLAND
COUNCIL MEETING DATE
AGENDA ITEM TITLE
CITY COUNCIL AGENDA TRANSMITTAL
January 9, 2019
Golf Course lease amendment
RECOMMENDATION: City Council to approve the lease amendment with
Pelican Diner and authorize the City Manager and
City Attorney to execute the appropriate documents
BACKGROUND:
The current lease for the restaurant space at the Sebastian Municipal Golf Corse requires
the Lessee (Pelican Diner) to maintain a beverage cart at the golf course. It was requested
by the Lessee to allow them to use that the City's currently owned cart to fulfill this
obligation. The lease amendment would require the Lessee to be fully responsible for fuel
and maintenance of the cart, as well as all liability.
The second item in the amendment is the filling of the propane tank. When the previous
Lessee installed the tank he was required to fill the tank at his expense. When the lease
was terminated the gas company filled the tank on September 271h and gave the bill to the
current Lessee, which he paid in order to begin operations. This amendment will require
that upon termination of this lease that the tank shall be full at the expense of the Lessee.
We are requesting to credit the amount to fill the tank in the amount of $1,403.06 to the
Lessee.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $ 1,403.06
Administrative Services Department Review-
ATTACHMENTS:
Lease Amendment
City Manager Aut orization:�
Date: // GI f
50 of 124
CITY of
SEB -
ADDENDUM 1
HOME OF PELICAN ISLAND CONCESSION LEASE (SEBASTIAN MUNICIPAL GOLF COURSE)
This ADDENDUM 1 of the Concession Lease entered into between the CITY OF
SEBASTIAN, Florida, a Florida Municipal Corporation ("Lessor"), and THE PELICAN
DINER INC., ("Lessee"), dated on or about September 19, 2018, is hereby executed for the
purpose of amending, adjusting, or adding to the terms and conditions of the agreement
between the parties as follows:
1. Beverage Cart. The Beverage Cart (referenced in Section 4.05(C) of the Lease)
shall be satisfied by Lessee's use of the Lessor's current Beverage Cart, which Lessee shall rent
from Lessor for $1.00 per year. Lessee shall be fully and completely responsible for the care,
maintenance, upkeep, and repair of the Beverage Cart and shall otherwise keep it in good
working order.
2. Lessee shall be liable for the operation and usage of the Beverage Cart and shall
indemnify and hold harmless Lessor for any liability for such operation or use.
3. When the current Beverage Cart becomes no longer useable, as agreed upon by
both Lessee and Lessor, Lessee shall fulfill its obligation under Section 4.05(C), at its own
expense, as set forth in the Lease Agreement.
4. The intention of the parties to the Lease was that the premises would consist of
a full propane tank upon Lessee taking occupancy. However, on or about September 27, 2018,
Lessee paid to fill the propane tank, at a cost of $1,403.06, for 800 gallons of propane (invoice
attached as Exhibit A).
5. Lessee shall be credited the full amount of this invoice toward his lease
payment, which shall make Lessee whole. In consideration of this credit, Lessee agrees and
understands that, at the time he vacates the premises, the propane tank must be full. If the
tank is not full, Lessee shaII be financially responsible to Lessor for the cost of filling the
propane tank.
6. Nothing in this Addendum is intended to waive the City's (Lessor) sovereign
or government immunities, pursuant to Section 768.28, Florida Statutes, or as set forth
elsewhere in the Iaw.
51 of 124
ADDENDUM I
CONCESSION LEASE (SEBASTIAN MUNICIPAL GOLF COURSE)
PAGE 2 OF 2
7. The terms of this Addendum shall take effect immediately upon this document
being fully executed.
8. All other terms and conditions of the Lease shall remain in full force and effect.
IT IS SO AGREED:
CITY OF SEBASTIAN
A Florida Municipal Corporation
By:
PAUL E. CARLISLE, Jr.
City Manager
Dated:
ATTEST:
JEANETTE WILLIAMS, MMC
City Clerk
THE PELICAN DINER, INC.
A Florida Profit Corporation
By:,�iiCr—
�
EPLE
President
Dated:
i
APPROVED AS TO FORM AND LEGA LrrY FOR
RELIANCE BY THE CITY OF SEBASTIAN:
JAMES D. STOKES, BCS
City Attorney
52 of 124
Ferrellgas
Invoice
Date: 09/27/2018
Account: 115220736
Sold To:
The Pelican Diner Sebastian
100 BRUSH FOOT DR
SEBASTIAN, FL 32958
Order Number: 1102804201
Product
DISTANCE—CHECK—MET
PROPANE—INDEX
LEAK—METER—NC
PIR
UNDER_GRND_TNK_TST
Quantity I
Unit Price
1.00 EA
$0.0000
800.00 GAL
$1.5406
1.00 EA I
$0.0000
1.00 EA
$0.0000
1.00 EA
$0.0000
Subtotal
Taxes
Total Sale
ALL SALES FINAL PER TERMS OF AGREEMENT
REMIT PAYMENT TO: FERRELLGAS, PO BOX 173940, DENVER, CO 80217
INCLUDE YOUR ACCOUNT# AND ORDER# (I.E. INVOICE#)
OR A COPY OF THIS INVOICE WITH PAYMENT
PRODUCT HAS BEEN ODORIZED
LIQUEFIED PETROLEUM GAS 2.1 UN 1075
Total
$0.00
$1,232.48
$0.00
$0.00
50.00
$1,232.48
$170.58
$1,403.06
53 of 124
Lin Ll
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: 9 January, 2019
Agenda [tem Title: Schulke, Bittle & Stoddard CSA -2, Change Order #1 —
Barber Street Sports Complex Restroom engineering
addendum
Recommendation: Approve Schulke CSA -2, Change Order #1 in the
amount of $6,200. Authorize City Manager to execute
appropriate documents.
Background: On October 5`h, 2017, Sebastian City Manager Joe
Griffin executed work authorization # CSA -2 with Schulke, Bittle & Stoddard, LLC to
provide professional engineering services necessary for the site development and
improvements to the Barber Street sports/recreation restroom facility adjacent to the main
football field. The contract price for CSA -2 is $10,500.00. Following this, the City opted to
expand the scope of renovations to the project to include roof, soffit, and gutter
improvements; as well at the replacement of the stairwell leading to the upper level of the
facility. The upcharge for the additional engineering services comes to $6,200.00, pushing
the total contract amount to $16,700.00, necessitating City Council approval. Schulke, Bittle
& Stoddard, LLC is a preferred consulting engineering agency with the City of Sebastian.
This Agenda Item Requires the following Expenditure of Funds:
Total estimated cost $16,700.00
Original CSA -2 $10,500.00 < R&R
This Change Order $ 6,200.00 < R&R
Administrative Services Department/CFO Review: --i LiaLi -
Attachments: 1. Schulke CSA -2 (Original)
J
3. Schulke Change Order #1 to CSA -2
City M ager A
City
Date: 9 January, 2019
54 of 124
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORINI
CONSULTANT SERVICE AGREEMENT (CSA)
SCHULKE, BITTLE & STODDARD, LLC
1717 Indian River Blvd., Suite 201
Vero Beach, FL 32960
Work Authorization No: CSA -2
Project Identification: City of Sebastian Barber Street Recreation Park renovations to existing
bathrooms.
IT IS AGREED to undertake the following work in accordance with the provisions of the Master
Agreement entitled von -Exclusive Continuing Professional Services Agreement for Engineering Dated
July 20, 2017.
Description of Assignment:
Schulke, Bittle & Stoddard, LLC will provide professional engineering services necessary for the site
development of new improvements to Barber street sports / recreation facility adjacent to the main football
filed, including renovations (primarily cosmetic) to the existing restrooms housed in the existing building
and sidewalk extension to the skate park par!dng area. The work shalt include architectural drawings for the
renovations to the existing bathrooms, and civil drawings for requisite site work.
Work Scope:
• See detailed Scope of Work attached (Exhibit A)
Deliverable:
• Construction plans prepared for building department review, contract procurement, and
construction purposes, approved by the City of Sebastian.
• Contract/bid documents for construction contract procurement purposes
• Construction administration services and construction inspections
Basis of Compensation/Period of Services:
The above referenced Professional Engineering Services for CSA -2 will be performed for a fee not to
exceed the amount of S 10,500.00. See Exhibit B for detailed fee schedule.
AGREED:
EN
TAINT:
` '`� Date: to
Schulke, Bittle 8t' oddard, LLC
l
Attest.'
Jearkit:: Willia_*ns,MNIC, City Cleric
CITY OF $EBASTIAN:
JoeTrriffin /
Date:
City Manager
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Cynthia V. Hall,lnterim City Attorney
55 of 124
SCOPE OF WORK— EXHIBIT A
General Description
Schulke, Bittle & Stoddard. LLC shall provide engineering services required for the site development of
improvements to Barber Street sports / recreation facility adjacent to the main football filed, including
renovations (primarily cosmetic) to the existing restrooms housed in the existing building to
updatelrefresh, and to make ADA compliant to the extent feasible and practical. The work will also
include design and permitting of a sidewalk from the existing building to the skate park parking area.
1.0 Preliminary Engineering
Not Applicable. The city has prepared a survey of the site, and has determined the scope of
improvements required at the Barber Street sports / recreation facility. Conceptual Planning and
preliminary engineering is not required and not provided within the scope of services herein.
2.0 Final Engineering
2.1 Existing Building Renovations:
Scope. Design renovations/layout to meet current ADA accessibility (to the extent practical
and feasible). including: new toilet partitions, new floor finish, new paint on walls and
ceiling, replace wall hung laminate vanity counter and sinks/faucets, replacement of toilet
accessories, mist. other as needed.
Architectural Drawings:
1. Floor plan of existing conditions showing items to be demolished.
2. Floor plan of proposed layout showing new work.
3. Room finish schedule showing new interior finishes required.
4. Specifications for new products
Civil Drawings
1. Site plan depicting existing building location and proposed sidewalk extension.
3.0 Permitting
3.1 Construction plans, engineering calculations and reports, and supporting documentation will be
submitted to the appropriate agencies for the following construction permits:
a. St. Johns River Water Management District - exemption
b. City of Sebastian Site Plan
C. City of Sebastian Land Clearing and Tree Removal (if needed)
d. City of Sebastian Building Department — Plan Review
3.2 Follow up with permitting agencies via telephone, e-mail or written correspondence. Review and
address and review comments and revise the plans accordingly. Resubmit as required.
4.0 Contract Administration and Inspections
4.1 Contract procurement
a. In general, SBS will assist the City with bid procurement including assistance in the
preparation of bidding and procurement documents and information for a competitive
public bid_ Services may include:
(i) Description of time, place and conditions of bidding and construction
(ii) Assist with preparation of bidding and proposal forms (use standard City forms)
(iii) Assist with preparation of Forms of Agreement — between owner and contractor (use
standard City forms)
Pagel of 2
56 of 124
(iv) Assist with preparation of Conditions of the Contract — standard, supplementary, and
other special conditions (use standard City forms)
b. SBS will assist the City with Construction Procurement services, including:
(i) Prepare and provide bid sets for competitive bidding
(ii) Coordinate and attend pre-bid meeting; respond to RFI's sent by bidders, and prepare
Addendums / plan modifications, if necessary
(iii) Bid validation
(iv) Assist City in finalizing construction contract
4.2 Construction Administration: SBS will assist the City with the Contract Administration and
Inspections, including: attend progress meetings, review shop drawings and contractors'
submittals, and provide routine inspections to verify the work is proceeding in accordance with
the plans and specifications for the purposes of certification upon completion of the work.
Inspections shall be documented with written reports and digital photographs. SBS will
coordinate the responsibility for document review, meeting attendance, and inspections with civil
engineer, and other consultants. The construction period is estimated to be one (1) month, and
CA and inspection fees have been estimated by SBS based on this time frame, and the tasks
and frequency of services listed below. Anticipated tasks / services include:
a. Coordinate and attend pre -construction meetings (1)
b. Attend progress meetings with contractor (1/wk)
C. Review shop drawings (1)
d. Review contractor's pay requests (3)
e. Periodic inspections of the site work (4 hr wk)
f. Substantial completion inspection 1 punch list (1)
g. Review as-builts for adequacy and completeness (1)
h. Final inspection l final completion determination (1)
i. Prepare final certification submittals for site permits
Page 2 of 2
57 of 124
FEE SCHEDULE — EXHIBIT B
2.0 Final Engineering
2.1 Existing building Renovations (SBS/ Mathews) $ 3,500.00
3.0 Permitting (SSS/ Mathews) $ 1.000.00
SUB -TOTAL: $ 4,500.00
4.0 Contract Procurement Administration and Inspections
41 Contract Procurement (SBS) $ 2,500.00
4.2 Construction Administration (SBS) $ 3.000.00
SUB -TOTAL: $ 5,500.00
'Reimbursables Direct Reimbursement $ 500.00 (Estimate)
GRAND TOTAL: $10,500.00
Reimbursables will be billed direct to the client at cost or paid direct by the client, and include, surveying,
or other required field tests, prints, copies, mailings/ FedEx, archeological or environmental consultation
and studies, traffic analysis/ consultation, traffic counting, application/permit fees, etc.
Prints - $2.00/sheet
Xerox Copies - $0.15/page
Other Reimbursables — at cost
The city will pay all application and plan review fees directly. This is NOT included in the above listed
estimated reimbursable amount
Invoices shall be submitted monthly, and the invoice amount shall be in proportion to the percentage of
the Scope of Work complete.
All payments must be received by the Engineer within 30 days of the date of an invoice. Any payments
received after said date will be subject to a late interest fee of one and one half percent (1- 1/2%) per
month. The client shall be responsible for all attorney's fees, court costs, and related expenses incurred
in the event that payment is not timely made and proceedings are brought by the Engineer to collect
sums owed.
RATE SCHEDULE
The following rates will apply to actual time devoted by Schulke, Bittle & Stoddard, L.L.C. staff to this project
computed to the nearest % hour.
Personnel
Hourly Rate
Principal
$200.00
Project Manager/Engineer
$150.00
Design Tech
$120.00
Construction Manager
$ 85.00
Draftsman
$ 85.00
Inspector
$ 75.00
Clerical
$ 60.00
Page 1 of 1
58 of 124
w
E
59 of 124
SOHULVIE, BWTLE ST,-')f.,Dj,[?,D, L.L.C.
s/
Gq
-4r
!7,r-- --
60 of 124
Joseph Griffin
From: Joseph Schulke <jschulke@sbsengineers.com>
Sent: Wednesday, October 04, 2017 5:13 PM
To: Joseph Griffin
Subject: FW: SEBASTIAN SPORTS COMPLEX FEE
Attachments: CSA-2.pdf,, PROPOSED PLANS 10-4-17.pdf, SBS FIELD MEASUREMENTS.PDF
Joe — attached is CSA -2 for the bathroom renovations at Barber Street. I have removed the proposed new building, and
now the scope includes only the existing bathroom renovations and add a sidewalk from the building to the skate park
parking lot (design, permitting, bidding and CAI). The fee has been reduced drastically from over $32,000 to around
$10,500.
Also, f have attached a rough sketch of the existing bathrooms, and a conceptual plan of the lay -out which we believe
will be ADA compliant. Take a look at the attached plans showing a rework of the stalls to make them hdcp compliant
with today's codes. I was worried that it would be difficult to get them to work so we spent a little time on it. They seem
to work ok. In both restrooms, the sink in the hdcp stalls are new and will have to be plumbed,
have eliminated the need for a mechanical / Electrical engineer, since the only new plumbing to be done is the two
sinks and replacement of some existing fixtures.
I'm assuming we will replace the existing lights and fans. Our MER will give me the product spec number to use for them.
(no fee from them). As long as Wayne does not require a mechanical or electrical engineer's involvement (which I doubt
he would), we should be good with this scope and fee.
Best regards,
Joseph W. Schulke, P.E., LEED AP
Schulke, Bittle & Stoddard LLC
1717 Indian River Boulevard, Ste. 201
Vero Beach, Florida 32960
(772) 770-9622 phone
(772) 770-9496 fax
www.sbsenoineers.com
1,
Connect with us...
PLEASE NOTE:
SCHULKE, BITTLE 8 STODDARD LLC is providing CAD files to the owner, contractor anchor surveyor for its convenience only.
Only the signed and sealed drawings shall be considered to have pertinent information for the construction of this project.
Your reliance on the attached electronic file(s) is at your sole risk, since electronic files can be corrupted, edited, or may have additional
data within the 61es that is not pertinent to the final design as reflected in the signed and sealed drawings.
SCHULKE, Bn7LE & STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any
specific purpose. While we believe this drawing rile to be accurate al the time of retrieval, this media and its contents can be easily
altered a corrupted either purposely or inadvertently through any number of sources.
For this reason. SCHULKE, BiTTLE & STODDARD LLC, its managers and or employees shall be indemnified and held harmless From any
and all liability that may arise or result from the use of this information by your firm, employees, agents or sub -contractors.
Any use of the file provided herein constitutes acceptance of the provisions stated herein.
The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient,
1 61 of 124
unr a 3]j
a e
HOME OF PEUCAN 15tJM
CITY OF SESASTUN CHANGE ORDER FORM
CHANGE ORDER #: 1
PURCHASE ORDER #: 818404
CONTRACTOR: Schulke, Bittle & Stoddard, LLC.
ADDRESS: 1717 Indian River Dr.
Suite 201
Vero Beach Fl. 32960
PROJECT NAME. Barber St. Recreation Park Renovations
PROJECT #: 320151-606200-AI724
CONTACT NAME: Joseph W. Schulke P.E.
CONTRACT DATE: Jan. 11, 2018
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
Description: Schulke was selected to conduct the restroom renovation design engineering and planning (CSA -2).
The scope was later broadened to address other renovations affecting the building (not just the restrooms). These
renovations included the replacement of the roof, soffits, the exterior staircase, and sidewalks.
A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 10-500.00
NET NCREASE (DECREASE) RESULTING FROM THIS CHANGE S 6,200.00
NEW CONTRACT PRICE INCLUDM THIS CHANGE ORDER S 16.700.00
E3) CONTRACT TINIE PRIOR TO THIS CHANGE (NUMBER OF DAYS) NIA
NET NCMASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A
NE'vW COMPLET103N DATE NCLUDNG THIS CHANGE NIA
AGREED:
COir"I O ITY OF SEBASTIAN:
C
Date:
Date:
/Aatllarized S tura Authorized City Manager
L_ arorai'% Rv City of Sebastian Stn fr:
City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order.
City Council Authorization — cumulative amount exceeds 15% of the contract price or S15,000 single change order.
(Meeting Date
CITY OF SEBASTIAN
City Manager Date
Project Manager $ as to engineering
Administrative Services as to budget
City Attorney as to Iegal Jeanette Williams, City Clerk
Procurement Manager as to purchasing 62 of 124
Gh L*
SEELAST�V
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
COUNCIL MEETING DATE: January 9, 2019
AGENDA ITEM TITLE: Approve Municipal Election Agreement between the Indian
River County Supervisor of Elections and City of Sebastian for
Calendar Year 2019 (November).
BACKGROUND: Each year the Indian River County Supervisor of Elections
provides an agreement between her office and the City of
Sebastian to set forth each party's responsibilities for
conducting the City's annual election.
In odd years, the cost to the City for the SOE to conduct the
election is $ 2.00 per registered voter. That amount will be
determined at the close of voter registration this year and is
currently in excess of over 19,000 for the City of Sebastian.
Funding for the 2019 election will be included in the
forthcoming 1=Y 2019-2020 budget.
Please note the Supervisor of Elections does not provide early
voting for elections that do not have a state/federal race. If
Council is interested, additional costs will have to be
calculated to include in the budget.
RECOMMENDATION: Approve the Municipal Election Agreement for the City
November 2019 General Election.
Administrative Services Department /CFO Review: ,I :,� 111c�
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: (2019 registered voters unknown at this time)
Will be budgeted in FY 19-20
ATTACHMENTS: Agreement
City Clerk Authorization;/ . /, I ' Date: r2`3 1 - t
63 of 124
MUNICIPAL ELECTION AGREEMENT
THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter
"SOE") whose mailing address is 437543 d Avenue
32967 and the CITY OF Sebastian
address is 1225 Main Street, Sebastian Florida,
Election (hereinafter "Election").
RECITALS:
, Vero Beach, Florida,
(hereinafter "Municipality") whose mailing
32958 , to conduct the City's Municipal
WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which applies to
municipalities where expressly so stated; and
WHEREAS, Sec. 100.3605, Florida Statutes, states that "the Florida Election Code, chapters 97-106 shall govern the
conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and
WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate
certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed
during the municipal elections; and
WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated
program.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and
performed by the parties hereto, and for the mutual benefit of the Municipality its constituents and the SOE, it is agreed
as follows:
PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the
SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there
is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the
General, Run -Off, and Special Elections as necessary, as well as the Post -Election Audit, unless otherwise stated herein
below.
DATE OF GENERAL MUNICIPAL ELECTION:
The date of the City of Sebastian General Municipal Election is November 5. 2019
This agreement covers the General, Run -Off, and Special Elections as necessary, as well as the Post -Election
Audit for the year 2019 .
Either party to the Agreement may elect to withdraw from the Agreement upon written notice providing at least four (4)
months' notice.
3. ELECTION FEES FOR MUNICIPAL ELECTIONS:
Municipal Elections that are held in conjunction with county or state elections: $0.50 per registered voter
limited to regularly scheduled city/town council races. Print area allowed for amendments and /or referendums is
limited to 2'/2" wide by 5" length of print area. There will be an additional fee for amendments and/or referendums
which exceed print area allowed of $0.35 per registered voter.
64 of 124
Municipal Elections that are not held in conjunction with county or state elections: $2.00 per registered voter
(based on 1 card ballot). Additional ballot card: $0.35 per registered voter.
In the event of a Run -Off or Special Election, the above fees shall apply for the Run -Off or Special Election. As stated
above, the appropriate fee will depend if the Run -Off or Special Election is held in conjunction with county or state
elections or if the Run -Off or Special Election is not held in conjunction with county or state elections.
In the event of a Recount (machine and/or manual), the municipality will be invoiced for the costs associated with the
Recount.
RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL
ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call and advertise the election according to statutes, charter, ordinance or resolution, at its own
expense.
(b) Request that the Supervisor of Elections conduct the municipality's election.
(c) The municipality's Canvassing Board will be responsible for canvassing the election, when the election is
not held in conjunction with county or state elections.
(d) Provide SOE with any municipal boundary changes as soon as possible, but no later than 94 days prior to
the municipal election.
(e) The qualifying officer/municipal clerk, at the time of qualifying, shall give written notice of the time and
location of the public Logic & Accuracy test to each candidate qualifying with the municipality and obtain a
signed receipt that the notice has been given according to Sec. 101.5612(2), Florida Statutes.
(2) SOE
(a) Publish legal notices for the Logic & Accuracy Test, Mail Ballot Canvass, Post Election Audit and news
releases on Book Closing on the SOE website and in a newspaper of general circulation in the county as
required by Florida Statutes.
(b) Send written notice by email, requesting a "read receipt" to the county party chair of each political party,
stating the time and location of the public Logic & Accuracy Test of the automatic tabulating equipment as
required by Florida Statutes.
B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE.
(c) Respond to all candidate inquiries and questions.
2
65 of 124
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
(f) Verify signatures of electors on any qualifying petitions submitted by candidates (if applicable).
(2) SOE
None
C. Ballots
(1) Municipality
(a) Provide SOE the language for any amendments and/or referendum questions seven (7) days prior to the
qualifying deadline. If mandated to provide additional languages other than English, the municipality must
provide amendments and/or referendum questions in all mandated languages.
(b) Provide the SOE with the candidate's names/ ballot order/and proofed amendments and/or referendum
questions no later than 5:30 p.m. on the last day of qualifying prior to the election.
(c) Review, amend (if necessary) and approve ballot proof prepared and provided by SOE to the municipality,
no later than 6:30 p.m. on the last day of qualifying prior to the election.
(d) Any modifications to the approved ballot layout after the 6:30 p.m. deadline on the last day of qualifying
prior to the election, is not guaranteed if ballot printing has commenced. Any requested modification must be
provided to the SOE in writing and signed by the appropriate parties, and in accordance with any special act,
charter, or ordinance provision.
(2) SOE
(a) Layout, check, proof and deliver ballot layout to the printer.
(b) Black printing only on ballots, color ballots incur an additional charge to the municipality.
(c) Receive, securely store and account for all ballots until disbursed to polling places.
(d) Audio ballot programming.
(e) Control all access to un -voted ballots while in the possession of the SOE.
(f) SOE will print one sample ballot advertisement, inclusive of all municipalities conducting elections, in a
newspaper of general circulation in the county or mail (or email if applicable) a sample ballot to each
household of a registered voter.
(g) SOE will post precinct specific ballots on the SOE website.
3
66 of 124
D. Equipment Testing
(1) Municipality
(a) Canvassing Board to be present during the Logic and Accuracy Test as noticed by SOE. The Canvassing
Board may designate one member to be its representative at the test per Florida Statute 101.55612(2).
(2) SOE
(a) Develop a unique test deck to be used for the Logic & Accuracy Test.
(b) Conduct the Logic & Accuracy Test.
E. Early Voting (OPTIONAL) - The SOE is not required to conduct early voting for municipal elections that
are not held in conjunction with state and federal elections. The responsibilities of the municipality
listed below under Section E 1 (a) — (f) and the responsibilities of the SOE listed under Section E2 (a) — (f)
are only applicable if the municipality agrees to offer early voting and pay all associated costs which are
indicated in Section E1 below.
(1) Municipality
(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting.
(b) Pay SOE for Early Voting supplies, poll worker pay, Early Voting runner pay, site rental charges,
equipment delivery/pick-up charges, advertising, and any other costs associated with conducting Early Voting.
(c) Municipality shall conduct its Early Voting activities in accordance with Florida Statute 101.657.
(2) SOE
(a) Prepare and provide all supplies needed for each Early Voting site.
(b) Provide poll workers to staff Early Voting site(s) and additional personnel as needed.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at the SOE office.
F. Vote -by -Mail
(1) Municipality
(a) Refer all requests for Vote -by -Mail ballots to SOE.
4
67 of 124
(2) SOE
(a) Determine eligibility and compile Vote -by -Mail ballot file.
(b) Accept all requests for Vote -by -Mail ballots by telephone, mail, online or in person.
(c) Prepare and mail Vote -by -Mail ballots as required per Florida Statute.
(d) Deliver Vote -by -Mail ballots to the Post Office.
(e) Receive Vote -by -Mail ballots at the SOE office and verify signatures on Vote -by -Mail certificates.
(f) Prepare and open Vote -by -Mail ballots for tabulation.
(g) Notify voter of the disposition of their rejected Vote -by -Mail ballot after determination by the Canvassing
Board, as required by law.
G. Polling Places
(1) Municipality
None
(2) SOE
(a) Arrange for use of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify voters, as required by law, if their regular polling place is to be temporarily relocated.
(d) Notify voters and the municipality of permanent polling place change(s).
H. Precinct Supplies
(1) Municipality
None
(2) SOE
(a) Provide precinct supplies.
(b) Provide precinct registers for each polling place location.
(c) Contract moving company for delivery and pick-up of voting cquipment/supplies to and from polling
place.
5
68 of 124
1. Poll Workers
(1) Municipality
None
(2) SOE
(a) Contact, contract with, and pay poll workers.
(b) Schedule and notify poll workers of training classes.
(c) Train poll workers.
(d) Provide training materials for poll workers.
I Poll Watchers
(l) Municipality
None
(2) SOE
Designations for poll watchers must be submitted to the SOE office by noon of the second Tuesday prior to the
election. If designations are submitted, the poll watchers must be approved by the SOE on or before the
Tuesday prior to the election. Designations for early voting sites (if applicable) shall be submitted in writing to
the SOE office at least 14 days before early voting begins. The poll watchers for early voting sites shall be
approved by the SOE no later than 7 days before early voting begins per Florida Statute 101.131.
K. Election Day Support
(1) Municipality
None
(2) SOE
(a) Provide technical support personnel as needed.
(b) Provide phone support to respond to poll workers/voters on Election Day.
L. Ballot Tabulation/Counting of Election Results
(1) Municipality
(a) Canvassing Board present (only applies when the election is not held in conjunction with county or state
elections).
C
69 of 124
(2) SOE
(a) Deliver all voted ballots and other necessary election related items to SOE office after the polling places
have closed on Election Day.
(b) Provide technical staff and equipment to tabulate election results_
(c) Post election results on SOE website and provide the same to local municipal television (upon request).
(d) Provide the municipality with unofficial election results upon conclusion of tabulation and canvassing of
ballots cast on Election Day.
M. Post -Election Day
(1) Municipality
None
(2) SOE
(a) Provide the municipality with an official certification of election results.
(b) Sort, inventory, pack and store all necessary election records and ballots until the expiration of retention
period prescribed by law.
(c) Process polling place affirmation forms.
(d) Notify voter of the disposition of their rejected Vote -by -Mail ballot after the determination by the
Canvassing Board, as required by law.
(e) Process provisional ballots
(f) Respond to public records requests regarding records kept on behalf of the municipality.
(g) Record voting history for each voter who voted.
N. Post -Election Audit
(l) Municipality
None
(2) SOE
(a) Organize precinct/race information for the Canvassing Board to randomly select the race and precinct that
shall be audited.
(b) Organize and prepare ballots for Post -Election Audit.
7
70 of 124
(c) Provide SOE staff to conduct Post -Election Audit.
O. Recount
(1) Municipality (Applies only when the election is not held in conjunction with county or state elections.)
(a) Provide that the Canvassing Board will be responsible for the administration of the Recount, with support
and guidance from the SOE.
(b) Notify the candidates of the time, date, and location of the Recount.
(c) Post public notice(s) of the Recount with the time, date, and location.
(d) Recording and minutes as stipulated in Rule 1 S-2.031 Recount Procedures.
(e) Canvassing Board to review with counting teams and observers, the Florida Statutes and rules which apply
to Recounts, specifically Rule I S-2.03 I Recount Procedures; and Rule 1 S-2.027 Standards for Determining
Voter Choice on a Ballot.
(0 Reimburse the SOE for all staff salaries/overtime and all other expenses required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the time, date, and location at the SOE office.
(b) Test tabulating equipment as required by Florida Statute 101.5612.
(c) Prepare and organize ballots for Recount processing.
(d) Tabulate ballots and provide professional staff for equipment operations.
(e) Provide counting teams for examining out stacked ballots, in the event a Manual Recount is ordered.
(f) Provide official certification of the election as determined by the Canvassing Board.
P. Cancellation of Election
(1) Municipality
(a) If a scheduled election is cancelled, after the qualifying period, the municipality is responsible for all SOE
costs stipulated in this Agreement.
(2) SOE
None
8
71 of 124
5.
6.
7.
8.
HOLD HARMLESS COVENANT:
Each party shall indemnify and hold the other harmless from all claims brought during the term of this
Agreement by third parties, including reasonable attorneys' fees, court costs and expenses, which may arise out
of or be attributed to the negligence of the indemnitor's employees in the performance of any of the covenants,
agreements, terms, or conditions to be performed or complied with under this Agreement. Neither party's
liability to the other shall include punitive damages or interest for the period before judgment. Nothing
contained herein shall be construed as a waiver of any immunity from, or limitation of, liability either party has
under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally, neither party shall
be liable pursuant to this indemnity to pay a claim or a judgment by any one person or any claim or judgment,
or portions thereof, which when totaled with all other claims or judgments paid arising out of the same
incident or occurrence, which exceeds the limits of liability as set forth in Section 768.28(5) Florida
Statutes, provided, that the payment of said claim(s) shall be further limited to the actual amount of insurance
proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically excludes any
requirement for one party to indemnify the other party for the other party's negligence or to assume any
liability for the other party's negligence as provided in Section 768.28 (19) Florida Statutes.
CHANGE IN LAW:
In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the
parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually
acceptable modification of this Agreement.
NOTICES:
Mail notices affecting the provisions of this Agreement may be delivered in person or be sent by certified mail,
or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as
either party furnishes the other party written instruction to contract another individual.
For the SOE:
Supervisor of Elections
437543 rd Avenue
Vero Beach, Florida 32967
Attention: Leslie Swan
SEVERABILITY:
For the Municipality:
Citv of Sebastian
1225 Main Street
Sebastian. FL 32958
Attention: Jeanette Williams
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or
unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be
eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect
and be valid as if such invalid portions thereof had not been incorporated herein.
9
72 of 124
9. EFFECTIVE DATE:
The Effective hate of this Agreement shall be the latest date of execution by duly authorized representatives of
SOE and MUNICIPALITY as shown on the signature page hereto.
10. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parties. No representation other than those set forth
herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted
in writing and signed by both parties, and their duly authorized representatives.
IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as
promised herein, SOE and MUNICIPALITY for purposes of executing this Agreement on the dates set forth below.
WI ESSES:
11Lao-
ATTEST:
, Municipal Clerk
(Affix Municipal Seal)
10
As to the SOE:
SUPERVISOR OF ELECTIONS
INDIAN RIVER COUNTY
Leslie Rossway Swan, Supervisor of Elections
Date: -Dc,tSL� io Q c) \t
As to the MUNICIPALITY:
INSERT NAME OF MUNICIPALITY
Date:
, Mayor
73 of 124
CrrV
ccCC �T
7E
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: 9 January, 2019
Agenda Item Title: FDOT PTGA funding for Airport Security Gate
Recommendation: Approve Resolution 19-02; Authorize City Manager to
accept and execute documents relating to FDOT Public
Transportation Grant Agreement (PTGA) #445292-1-94-01.
Background: Airport Security Fence Gate #3 has experienced
numerous mechanical problems relating to its automated control system. Replacement parts
for this older style of gate are difficult to source and have yet to provide reliable, trouble-free
operation. Gate #3 was scheduled for replacement in 2019. Airport staff was recently
successful in acquiring FDOT PTGA funding in the amount of $10,000 to be shared with the
airport/City on an 80120 basis, saving the Airport from covering the entire cost of the gate
replacement.
This Agenda Item Reauires the following Exnenditure of Funds:
Total estimated cost $10,000.00
FDOT Funds $ 8,000.00 < 80%
Airport Match $ 2,000.00 < 20% Airport Funds
Administrative Services Department/CFO Review:
Attachments:
City Mari Authorizatio
l+ I
Date: 9 January, 2019
1. R-19-02
2. PTGA #445292-1-94-01
74 of 124
RESOLUTION NO. R-19-02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING ACCEPTANCE
OF A FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) PUBLIC TRANSPORTATION GRANT AGREEMENT
(PTGA), PROVIDING $10,000 FUNDING FOR THE
REPLACEMENT OF A SECURITY GATE AT SEBASTIAN
MUNICIPAL AIRPORT; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND SUBMIT APPROPRIATE
DOCUMENTS; PROVIDING FOR CONFLICT; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE
DATE.
Whereas, the Florida Department of Transportation has extended a Public
Transportation Grant Agreement to Sebastian Municipal Airport, providing $10,000
towards the replacement cost of a security gate at Sebastian Municipal Airport and
Whereas, the City and the Airport recognize the value and benefit of accepting
this Public Transportation Grant Agreement with its associated conditions,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Sectionl. AUTHORIZATION. The City Manager is hereby authorized to
approve and submit appropriate documents to the FDOT to execute the Public
Transportation Grant Agreement.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Manager's designee,
without need of further action of City Council by filing a corrected copy of same with the
City Clerk.
Section 4. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
75 of 124
The foregoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member
upon put to a vote, the vote was as follows:
Mayor Jim Hill
Vice -Mayor Linda Kinchen
Council Member Ed Dodd
Council Member Albert lovino
Council Member Bob McPartlan
and,
The Mayor thereupon declared this resolution duly passed and adopted this 9th
day of January, 2019.
ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Jim Hill
Approved as to form and legality for
reliance by the City of Sebastian only:
James Stokes, City Attorney
76 of 124
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725.000.61
STRATEGIC
DEVELOPMENT
OGC 09118
Financial Project Number(s):
Fund(s):
SAFE
FLAIR Category:
088719
(i tem -seg men t-ptt ase -sequence)
445292-1-94-01
Work Activity Code/Function:
215
Object Code:
751000
Federal Number/Federal Award
Org. Code:
55042010429
Identification Number (FAIN) -- Transit only:
NIA
Vendor Number:
VF596000427008
Contract Number:
Federal Award Date:
NIA
CFDA Number: N/A
Agency DUNS Number:
CFDA Title: NIA
CSFA Number: 55.004
CSFA Title: Aviation Grant Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into this day of
, by and between the State of Florida, Department of Transportation, ("Department"),
and Citv of Sebastian, ("Agency"). The Department and the Agency are sometimes referred to in this
Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Reolace Airport Securitv Gate at Sebastian Municipal Airport, as further described in Exhibit "A",
Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to
provide Department financial assistance to the Agency, state the terms and conditions upon which
Department funds will be provided, and to set forth the manner in which the Project will be undertaken
and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
X Aviation
Seaports
_ Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X_ Exhibit B: Schedule of Financial Assistance
_ "Exhibit 131: Deferred Reimbursement Financial Provisions
_ 'Exhibit B2: Advance Payment Financial Provisions
X *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Financial Assistance (Single Audit Act)
"Additional Exhibit(s):
77 of 12 4f 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.00001
PUBLIC TRANSPORTATION 5TRATEGfpEVELOPMENT
GRANT AGREEMENT OGc09118
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through December 31, 2020. 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 the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of _,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above -required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Agency
of such termination in writing at least thirty (30) days prior to the termination of the Agreement,
with instructions to the effective date of termination or specify the stage of work at which the
Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed forwhich costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
78 of 124 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMEkT
GRANT AGREEMENT OGcu9113
The estimated total cost of the Project is $10,000. This amount is based upon Exhibit "B",
Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of $8,000,
and, additionally the Department's participation in the Project shall not exceed 80.00% of the
total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit "B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
79 of 124
3 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.00001
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGco9118
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), 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 contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an 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 the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these 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 Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of 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 "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
80 of 12
of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
QEVEI.QPMENT
GRANT AGREEMENT OGcos118
k. Offsets for Claims. 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 agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120 -day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department'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, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any 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.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 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."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
Non -Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
81 of 124
5of38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC09118
in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right -of -
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. X If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
L —Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with taws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
82 of 124
6of38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGCWe
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. 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 and 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. 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.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 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", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
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, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. 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 DBEs 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 DBEs
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.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
83 of 124
7 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
pEYELOPMENT
GRANT AGREEMENT OGc09118
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department -funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department -funded property.
The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
L The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
H. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. 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.
Federal Funded:
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
84 of 124
8 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01
PUBLIC TRANSPORTATION DEVELOPMENT YELOPMENT
GRANT AGREEMENT OGCOWIS
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 "G", Financial Assistance (Single Audit
Act), 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
FDOTSinpleAuditadot.state. f1.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
httDS://harvester.census.aovlfacwebl 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 FDOTSingleAudit(adot.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 200, Subpart F — Audit Requirements,
85 of 124
9 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT occ 09118
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;
a. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
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.
A. 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
FDOTSinaleAudit(cDdot.state.fl.us
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, 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 "G", Financial Assistance
(Single Audit Act), to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply
86 of 124
10 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72MOO-U1
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGG09118
with the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Agency shall consider all sources
of state financial assistance, including state financial assistance received from the
Department by this Agreement, other state agencies, and other nonstate entities.
State financial assistance does not include Federal direct or pass-through awards
and resources received by a nonstate entity for Federal program matching
requirements.
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
FDOTSingIeAudit(@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
FDOTSingleAudit d( dot.state.fi.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt an.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.
vl. 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.
87 of 124
11 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC09118
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, 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.
c. 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.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. 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.
Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide 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. Non -Responsible Contractors. 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. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
88 of 124
12 of 38
STATE OF FLORIDA DEPARTMENT of TRANSPORTATION Form 725-000.01
PUBLIC TRANSPORTATION DESTRATEGIC
VELOPMENT
GRANT AGREEMENT OGC 09118
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, 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 255.0991, Florida
Statutes.
g. E -Verify. The Agency shall:
L 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
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify and hold harmless the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Agency and persons
employed or utilized by the Agency in the performance of this Agreement. This indemnification
shall survive the termination of this Agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign
immunity. Additionally, the Agency agrees to include the following indemnification in all
contracts with contra ctorslsubcontractors and consultantslsubconsultants who perform work
in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contra ctorlconsultant shall indemnify and
hold harmless the Agency and the State of Florida, Department of Transportation, including
the Department's officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement, Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
89 of 124
13 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGc09118
b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law, if using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policylies or coverage described herein may contain or be subject to a
Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policylies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policylies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
90 of 124
14 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-00001
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC09MB
or coverage described herein. The Department's approval or failure to disapprove any
policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have_
e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policylies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non -Admission of Liability. 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.
c. 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.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. 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.
f. Non -Contravention of State Law. frothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so 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.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIL! to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
91 of 124
15 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725.000.01
STRATEGIC
DEVELOPMENT
OGC 09!19
L Inspector General Cooperation. The Agency agrees 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.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY City of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Paul E. Carlisle
Name: Name: Stacy L. Miller, P.E.
Title: City Manager Title: Director of Transportation Development
Legal Review:
92 of 124
16 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEVELOPM NIT
GRANT AGREEMENT EXHIBITS OGC11118
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): Replace Airport Securitv Gate at Sebastian Municipal Airport
B. Project Location (limits, city, county, map): Sebastian Municipal Airoort/Sebastian, FUIndian River
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): Access Control Equipment: As required by 215.971. F.S.. this scope of work
includes but is not limited to consultant and design fees, oermittino, construction inspection costs, mobilization and
demobilization. maintenance of traffic. demolition. installation of access control eauioment. surmortina wiring, and
dedicated Drimary and back-uD power supplies, including all materials. eouipment, labor, and incidentals reauired to
complete the Droiect. The Sponsor will comply with Aviation Program Assurances,
D. Deliverable(s): Slidina motion automated aate to replace Gate #3
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to):
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants.
93 of 124
17 of 38
94 of 124
18 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-060-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11/18
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial
Fund
FLAIR
State
Object
CSFAI
CSFAICFDA Title or
Funding
Management
T
Type
Category
Fiscal
Code
CFDA
Funding Source
Amount
Number
$0
$0
Year
0.00
Number
Description
Planning
445292-1-94-01
LF
088719
2019
751000
55.004
Aviation Grant Program
$2,000
445292-1-94-01
SAFE
088719
2019
751000
55.004
Aviation Grant Program
$8,000
$8,000
$2,000
$0
Total Financial Assistance
80.00
$10,000
B. Estimate of Project Costs by Grant Phase:
Phases"
State
Local
Federal
Totals
State
Local Federal
Land Acquisition
$0
$0
$0
$0
0.00
0.00
0.00
Planning
$0
$0
$0
$0
0.00
0.00
0.00
Environmental/Design/Construction
$0
$0
$0
$0
0.00
0.00
0.00
Capital Equipment
$8,000
$2,000
$0
$10,000
80.00
20.00
0.00
Match to Direct Federal Funding
$0
$0
$0
$0
0.00
0.00
0.00
Mobility Management
$0
$0
$0
$0
0.00
0.00
0.00
(Transit Only)
l
Totals
$8,000
$2,000
$0
$10,000
"Shifting items between these grant phases requires execution
of an Amendment to the Public
Transportation Grant
Agreement.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
PT429m I
Department Grant Manager Name
Signature
Date
95 of 124
19 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT
GRANT AGREEMENT EXHIBITS occ 11118
EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project. The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design -build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non -construction phases of the Project. If the Project
involves a construction phase, the Agency shall not begin the construction phase of the Project
until the Department issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, the Agency shall request a
Notice to Proceed from the Department's Project Manager, PT429m1 (email- ) or from an
appointed designee. Anv construction phase work performed prior to the execution of this
required Notice to Proceed is not subject to reimbursement.
c. The Agency will provide one (1) copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction
of the Project.
d. The Agency shall require the Agency's contractor to post a payment and performance bond
in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement
is performed in accordance with the approved construction documents, and that the
construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department in writing of the completion of construction of the Project; and for all design work
that originally required certification by a Professional Engineer, this notification shall contain
an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the
form of which is attached to this Exhibit. The certification shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans or specifications, the certification shall include
a list of all deviations along with an explanation that justifies the reason to accept each
deviation.
2. Construction on the Department's Right of Way. If the Project involves construction on the
Department's right-of-way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right-of-way:
The Agency shall hire a qualified contractor using the Agency's normal bid procedures to
perform the construction work for the Project. The Agency must certify that the installation of
the Project is completed by a Contractor prequalified by the Department as required by Section
2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless
otherwise approved by the Department in writing or the Contractor exhibits past project
experience in the last five years that are comparable in scale, composition, and overall quality
to the site characterized within the scope of services of this Project.
b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a
Department prequalified consultant firm including one individual that has completed the
96 of 124
20 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
❑EVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11118
Advanced Maintenance of Traffic Level Training, unless otherwise approved by the
Department in writing. The CEI staff shall be present on the Project at all times that the
contractor is working. Administration of the CEI staff shall be under the responsible charge of
a State of Florida Licensed Professional Engineer who shall provide the certification that all
design and construction for the Project meets the minimum construction standards established
by Department. The Department shall approve all CEI personnel. The CEI firm shall not be
the same firm as that of the Engineer of Record for the Project. The Department shall have
the right, but not the obligation, to perform independent assurance testing during the course
of construction of the Project. Notwithstanding the foregoing, the Department may issue a
written waiver of the CEI requirement for portions of Projects involving the construction of bus
shelters, stops, or pads.
c. The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department
Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following
guidelines shall apply as deemed appropriate by the Department: the Department Structures
Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book"), and the Department Traffic Engineering Manual. The Agency will be required
to submit any construction plans required by the Department for review and approval prior to
any work being commenced. Should any changes to the plans be required during construction
of the Project, the Agency shall be required to notify the Department of the changes and
receive approval from the Department prior to the changes being constructed. The Agency
shall maintain the area of the Project at all times and coordinate any work needs of the
Department during construction of the Project.
d. The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction
be suspended for more than 5 working days. The Department contact person for construction
is
e. The Agency shall be responsible for monitoring construction operations and the maintenance
of traffic (MOT) throughout the course of the Project in accordance with the latest edition of
the Department Standard Specifications, section 102. The Agency is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards, Index
600 series. Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall
operate to create or vest any property right to or in the Agency, except as may otherwise be
provided in separate agreements. The Agency shall not acquire any right, title, interest or
estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the Agency's
97 of 124
21 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION srRATEcI
PEYE40PMENT
GRANT AGREEMENT EXHIBITS OGC1Ill 6
use, occupancy or possession of Department right of way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to Chapter 163, F.S.
i. The Agency shall not cause any liens or encumbrances to attach to any portion of the
Department's property, including but not limited to, the Department's right-of-way.
j. The Agency shall perform all required testing associated with the design and construction of
the Project. Testing results shall be made available to the Department upon request. The
Department shall have the right to perform its own independent testing during the course of
the Project.
k. The Agency shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the
terms and provisions of this Agreement and all applicable federal, state, local, administrative,
regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time
to time, including, but not limited to, those of the Department, applicable Water Management
District, Florida Department of Environmental Protection, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
I. If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediately
have any potential hazards removed from its right-of-way at the sole cost, expense, and effort
of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
m. The Agency shall be responsible to maintain and restore all features that might require
relocation within the Department right-of-way.
n. The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o. The acceptance procedure will include a final "walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as -built plans and an engineering certification that construction was
completed in accordance to the plans. Submittal of the final as -built plans shall include one
complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy
prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the
Agency shall remove its presence, including, but not limited to, all of the Agency's property,
machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project.
If the Department determines that the Project is not completed in accordance with the
provisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's
written notice, or such other time as the Agency and the Department mutually agree to in
writing, to complete the Project and provide the Department with written notice of the same
(the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or
if it is determined that the Project is not properly completed after receipt of the Notice of
Completion, the Department, within its discretion may: 1) provide the Agency with written
authorization granting such additional time as the Department deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense,
without Department liability to the Agency for any resulting loss or damage to property,
including, but not limited to, machinery and equipment. If the Department elects to correct the
98 of 124
22 of 38
STATE OF FLORIDA DEPARTMENT of TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 11118
deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred
by the Department and the Agency shall pay the invoice within thirty (30) days of the date of
the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the construction
of the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate
and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the
Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, it should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act (ADA) standards.
t. Restricted hours of operation will be from _ (insert restrict hours of operation), _ (insert days
of the week for restricted operation), unless otherwise approved by the Operations Engineer,
or designee.
u. Lane closures on the state road system must be coordinated with the Public Information Office
at least two weeks prior to the closure. The contact information for the Department's Public
Information Office is:
Insert District PIO contract info:
Note: (Highlighted sections indicate need to confirm information with District Office or
appropriate DOT person managing the Agreement)
3. Engineer's Certification of Compliance. The Agency shall complete and submit the following Notice
of Completion and if applicable Engineer's Certification of Compliance to the Department upon
completion of the construction phase of the Project.
99 of 124
23 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOTM 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS oGC wie
NOTICE OF COMPLETION
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned
provides notification that the work authorized by this Agreement is complete as of 120
By:
Name:
Title:
100 of 124
24 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
pEYE[.OPMENT
GRANT AGREEMENT EXHIBITS OGc11118
ENGINEER'S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed in
compliance with the Project construction plans and specifications. If any deviations have been made from the
approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each
deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish
the Department a set of "as -built" plans certified by the Engineer of Record/CEI.
By:
SEAL: Name:
Date:
, P.E.
101 of 124
25 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGCiiria
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
102 of 124
26 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11118
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION
AVIATION PROGRAM ASSURANCES
A. General.
1. The assurances herein shall form an integral part of the Agreement between the Department and the 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",
Schedule of Financial Assistance, 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 of 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 this Agreement.
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 and assurances of this Agreement.
8. An Agency that has been determined by the Department to have failed to comply with either the terms of these
Assurances, or the terms of the Agreement, or both, 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 and assurances of an Agreement 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 applicable local governments, as
well as Department policies, guidelines, and requirements, including but not limited to, the following (latest
version of each document):
Florida Statutes (F.S.)
• Chapter 163, F.S., Intergovernmental Programs
• Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
• 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
103 of 124
27 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGG11118
Florida Administrative Code (FAC)
• Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments
• Chapter 1460, FAC, Airport Licensing, Registration, and Airspace Protection
• Section 62-256.300, FAC, Open Burning, Prohibitions
• Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport
Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
• Eight Steps of Building a New Airport
• Florida Airport Revenue Use Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Airport Compatible Land Use Guidebook
2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all
design plans and specifications will comply with applicable federal, state, local, and professional standards, as
well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto,
including but not limited to, the following:
a. Federal Requirements
• FAA AC 7017460-1, Obstruction Marking and Lighting
• FAA AC 150/5300-13, Airport Design
• FAA AC 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
• 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, FAC, 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/or 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 5100.37B, 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
104 of 124
28 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.009-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGc11118
C. Agency Authority.
I. Legal Authority. The Agency hereby certifies, with respect to this 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 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.
c. The Department has the right to audit and inspect all financial records of the Agency 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 shall 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, the Agency shall 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 shall 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.
105 of 124
29 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGCiill 8
a. For airport hazards located on airport controlled property, the Agency shall 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 shall 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., or if not in place, that it will take appropriate action necessary to ensure local government adoption of
an airport zoning ordinance or execution of an 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 consultation with those parties affected by the Project.
c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, 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 the project, covered by the terms and assurances of this Agreement, is consistent
with the most current Airport Master Plan.
b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent
with the most 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.
106 of 124
30 of 38
STATE of FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occwie
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, will 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 Airport 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. The Agency's Airport financial plan must
comply with the following conditions:
1) The Airport financial plan will be a part of the Airport Master Plan.
2) The Airport financial plan will realistically assess project phasing considering availability of state and
local funding and likelihood of federal funding under the FAA's priority system.
3) The Airport financial plan will not include Department funding for projects that are inconsistent with
the local government comprehensive plan.
b. All Project cost estimates contained in the Airport 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 it will make the airport as self-sustaining as possible under the circumstances existing at the particular
airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures
that the price charged for that facility will be based on the market value.
11. Public -Private Partnership for Aeronautical Uses.
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport
property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner
or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and
conditions on the facility as the airport owner or operator may impose, subject to approval by the Department.
b. The price charged for said lease will be based on market value, unless otherwise approved by the
Department.
12. Economic Nondiscrimination.
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
1) The Agency 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.
107 of 124
31 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11118
2) The Agency 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 all projects involving airport location, major runway
extension, or runway location 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. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the
Agency ineligible for state funding of airport projects.
16. Project Implementation.
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this 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
108 of 124
32 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT
GRANT AGREEMENT EXHIBITS OGC 17116
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 project materials available for public review, unless exempt from public disclosure.
1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 F.S.
2) No materials 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).
109 of 124
33 of 38
STATE of FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725.000.02
PUBLIC TRANSPORTATION STRATEGIC
6EVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11118
f. The Agency understands and agrees that Department approval of this 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.
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/or 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 related to the
purchase of real property.
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, F.S., the Agency shall comply with the following requirements:
1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within
60 days of executing this Agreement.
2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing,
within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Department within 30 calendar days to achieve normal project federal, state, and local funding
shares per Chapter 332, F.S.
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, F.S.
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 itwill comply with the following:
1) For land purchased for airport development or noise compatibility purposes, the Agency shall, 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.
110 of 124
34 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGO IVIS
2) Land will be considered to be needed for airport purposes under this assurance if:
a) It serves aeronautical purposes such as a 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 Sections D.2211. or D.22.f.2. of this Exhibit, 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.1. of this
Exhibit, and expended as outlined in Section D.9. of this Exhibit.
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 Engineer 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 B.2.
of this Exhibit, Construction Certification, 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, as applicable, 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 the 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:
111 of 124
35 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC11118
a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, the Agency
shall enter into an agreement with that government body.
1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to
the same terms and assurances that apply to the Agency.
2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-
compliance with the terms of the local 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 such agreement if there is substantial non-
compliance with the terms of the agreement.
End of Exhibit E
112 of 124
36 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02
PUBDE
LIC TRANSPORTATION 5TRATEGIVELOPMENTT
GRANT AGREEMENT EXHIBITS Occltrl8
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address http://www.mvforidacfo.com/aadir/reference guide/.
113 of 124
37 of 38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 11118
EXHIBIT G
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: $8,000
*The award amount may change with amendments
Specific project information for CSFA Number 55.004 is provided at: https:llaops.fldfs.com/fsaa/searchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at:
httDs:I/apps.fldfs,com/fsaa/searchComoIiance.asDx
The State Projects Compliance Supplement is provided at: httos://apps.fldfs.com/fsaa/compliance.aspx
114 of 124
38 of 38
L,na
SE�Vks
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meetinq Date: January 9, 2019
Aqenda Item Title: Working Waterfront Park Improvements — CSA #6
Recommendation: Staff recommends approval of CSA #6 Fisherman's Landing
Pervious Parking Lot Construction documents
Background:
The City submitted a grant application to the Florida Inland Navigation District Waterways
Assistance Program 2018-2019 in March 2018. The requested assistance applied to the
Working Waterfront Park: Phase 3 projects consisting of Shoreline Protection and Parking
Improvement. On September 2018 the City received word that the FIND Board approved the
recommended funding and in October 2018 a contract was executed with the FIND Board to
receive this funding. The City has until September of 2020 to complete the construction of
these improvements and request the reimbursable funds.
CWT Engineering, Inc. was awarded a contract to provide preliminary design and permitting
services for the Parking Lot improvement portion of the grant request in April 2018 for
$5950.00. These services did not cover the construction documentation, electrical engineering
and geotechnical engineering requirements for construction of the pervious parking lot. The
City now wishes to secure these services with the City's continuing services engineer Schulke,
Bittle & Stoddard, LLC to provide final construction plans for the site development
improvements including pervious parking area, stormwater retention areas, and modifications
to existing facilities as needed.
If Aqenda Item Requires Expenditure of Funds:
Total Cost: $21,100.00
Amount Budgeted in Current FY: $500,000.00
If Cost Requires Appropriation:
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation: �
Administrative Services Department Review: C l
Attachments: 1. CSA #6, Schulke, Bittle & Stoddard, LLC
City M ger Aujhorizatio
Date: /11,
115 of 124
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Work Authorization No: #CSA -6
Project Identification: City of Sebastian — Fisherman's Landing Pervious Parking
Description of Assignment:
Schulke, Bittle & Stoddard, LLC will provide final construction plans for the site development of
improvements to the existing Fisherman's Landing site (1532 Indian River Drive) including pervious
parking area, stormwater retention areas, drainage infrastructure, sidewalks, and necessary
modifications to existing pavement and drainage facilities. See detailed Scope of Work (Exhibit
A).
Deliverable and Fee:
The project plans and documents will be delivered in three phases:
Phase I Preliminary Engineering and Design Development $ 8,400.00 (L.S.)
(including geotechnical engineering and electrical engineering (lighting)
Phase II Final Design, Construction Documents and Permitting
(including electrical construction documents - lighting)
Phase 111 Construction Contract Procurement, Inspections
and Construction Administration
Reimbursables (Application fees, prints, copies, etc.)
See detailed Fee Schedule (Exhibit B)
Period of Services:
Phase 1 60 days
Phase 11 60 to 90 days
Phase 111 90 days
AGREED:
Engine rinCoC ant:
Date:
Schulke, #le & Stoddard, LLC
Attest
Jeanette Williams, MMC, City Clerk
City of Sebastian:
$ 6,500.00 (L.S.)
$ 5,700.00 (T.M.)
$ 500.00 (Estimate)
Date:
Paul Carlisle, City Manager
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
James Stokes, City Attorney
116 of 124
SCOPE OF WORK — EXHIBIT A
General Description
Schulke, Bittle & Stoddard, LLC will provide final construction plans for the site development of
improvements to the existing Fisherman's Landing site (1532 Indian River Drive) including pervious
parking area, stormwater retention areas, drainage infrastructure, sidewalks, and necessary
modifications to existing pavement and drainage facilities.
Phase I —Preliminary Planning and Design Development
1.0 Preliminary Engineering
1.1 Existing site conditions: SBS will prepare an existing site conditions base plan. The plan will be
prepared by referencing surveys, as-builts, and other documents of record provided by the City,
and prepare a plan depicting information that can be referenced by SBS for preparation of final
construction plans and can also be incorporated in bid documents for contractors to reference to
understand on-site conditions. A survey will not be provided by SBS.
1.2 Review existing plans, permits and documents
1.3 Environmental Site Review: NIA (not necessary)
1.4 Preliminary Plan Preparation:
a. Prepare a preliminary construction plan of the new facilities, incorporating the survey,
existing site conditions, and preliminary site plan (Preliminary site plan provided by City,
prepared CWT and H, T). The plan will include existing and proposed paving 1 access 1
parking lot configuration, building locations, utilities and drainage, and other proposed
on-site improvements.
b. Coordinate with the City of Sebastian Public Works departments to confirm roadway and
drainage infrastructure improvements and determine necessary construction required.
C, Submit plans to staff for review and comment.
1.5 Soils Testing:
a. Perform two (2) soil borings landward to depths of 20 feet within the limits of the
proposed project in accordance with ASTM Standards described in ASTM D1586, known
as the Standard Penetration Test (SPT). It is our understanding that the site may not be
accessible to our drill rig in some locations. In that case, a portable dynamic cone
penetrometer would be used in lieu of the drill rig. If the portable machine is used, the
depth and location of the exploration may vary. The locations of the test borings to be
determined by the client/Engineer.
b. Provide a report covering the investigation including the boring logs illustrating the soil
classification, thickness of each layer, number of blows per foot (N Value), groundwater
depth, high season water table and recommendations for site preparation. The report will
also include the active pressure coefficient, the passive pressure coefficient, bulk
density, submerged density, coefficient of earth pressure at rest and the soil friction
angle for the soil layers. Laboratory testing shall include grain size analysis, organic
content and Atterburg Limits of select samples, on samples required.
C. Perform three (3) profiles to a depth of 6' in order to provide pavement specifications.
1.6 Lighting plan: Prepare schematic design layouts for the electrical and lighting equipment,
including photometrics for lighting.
Phase II — Final Desian. Construction Documents. and Permitting
2.0 Final Engineering
2.1 Final Site Construction Plan: Based on the approved preliminary plan, formal site construction
plans will be prepared. The plans will include the following required elements:
Page 1 of 3
117 of 124
a. An engineering site development plan depicting in more detail, features as developed on
the preliminary plan, incorporating all existing information readily available, including
surveys, record drawings, aerials, maps and documents, etc., and on-site observations.
The plan will include proposed and existing site data and conditions, including
dimensional lay -out, signage/ striping, parking/ pavement 1 grading, access, appropriate
details and cross sections of the site, site data / area calculations, etc.
b. A landscape plan: N/A — by others.
C. Stormwater Grading and Drainage Plan in conformance with existing ERP permit (31-
0246999 -006 -EM).
d. Utility Plan: N/A.
e. Plan Take Off: Prepare engineer's estimate of quantities of construction to be used by
City for a unit price bid.
2.2 Electrical Construction Documents: Provide electrical engineers plan for new site lighting (street
lights). Electrical construction documents to include:
a. Locate all electrical (i.e. receptacles, switches, transformers, motors, and panels) and
lighting (i.e. specify fixtures and lighting controls) components.
b. Circuit and homerun all components, creating appropriate panel schedules.
c. Create a one -line riser diagram showing all major equipment with feeder schedule.
d. Design a lighting control system that meets Florida Energy Code with detail drawings.
3.0 Permitting
3.1 Construction plans, engineering calculations and reports, and supporting documentation will be
submitted to the appropriate agencies for the following construction permits:
a. City of Sebastian Building Department — Plan Review
b. City of Sebastian Driveway/ROW
C. FDEP NOI
d. FDEP Compliance Determination
3.2 Follow up with permitting agencies via telephone, e-mail or written correspondence. Review
and address and review comments and revise the plans accordingly. Resubmit as required.
3.3 Upon issuance of the above permits, the site plan shall be released and construction may
commence with site work.
Phase III — Construction Contract Procurement. Insr)ections and Construction Administration
4.0 Contract Administration and Inspections
4.1 Bidding and Procurement documents: assist COS in the preparation of bidding and
procurement documentation by providing the following services:
A. Construction plans: SBS will coordinate with City's "bid document preparation and
instructions to bidders," and add notes, construction specifications, and written
conditions at City's request so SBS site construction plans are consistent with City's
bid documents.
B. Typewritten description of time, place and conditions of bidding
C. Conditions of the Contract -- provide typewritten supplementary, and other special
conditions that may be incorporated in the bid documents.
D. Construction plans will include at a minimum:
• Cover sheet with instructions to contractor
• Existing site conditions sheet
• SWPPP plan
• Site Plan — dimensional pian with signs and pavement markings
• Drainage, grading and paving plan
• Electrical site plan and electrical plan with schedules, risers, panels, details
Page 2 of 3
118 of 124
• Site construction details and specifications
Note: Bid doc forms by others. SBS will assist City with development of project specific
information to be provided on the forms related to SBS design work.
4.2 Construction Procurement services: assist COS in construction procurement
A. Attend Pre-bid meeting, Respond to RFI's sent by bidders (includes electrical
engineer)
B. Bid validation — portions of bid related to SBS work
4.3 Contract Administration and Inspections: managed and coordinated by others. SBS will assist
the City with the following:
1. Attend pre -construction meeting (1)
2. Attend one (1) meeting during work (includes electrical engineer)
3. Review shop drawings (includes electrical engineer)
4. Inspections/Field observations: As requested by City of Sebastian
5. Changes to Work: Prepare any necessary minor plan changes
6. Final inspection (includes electrical engineer)
!Vote. Final certifications are required by condition of issuance of most permits. Certifications will
be prepared by others. SBS will assist as follows:
A. Construction documents will specify as -built plans will be prepared by the contractor
and the contractor's surveyor.
B. The field information provided by surveyor and contractor is not included in the
proposal and will be included in the construction specifications as a requirement of the
contractor to provide surveyed as-builts in accordance with applicable agency
requirements and permit conditions.
Page 3 of 3
119 of 124
FEE SCHEDULE — EXHIBIT B
PHASE I — Conceptual Plannina and Design Development
Section Description Amount
1.0 Preliminary Engineering
1.111.4 Existing Conditions/
Consultant Coordination Lump Sum $ 3,000.00
1.5 Soils Testing Lump Sum $ 4,400.00
1.6 Lighting Plan Lump Sum $ 1,000.00
PHASE II - Final Desiqn. Construction Documents, and Permittina
2.0 Final Engineering
2,1 Final Site Construction Plan Lump Sum $ 3,500.00
2.2 Electrical Construction Documents $ 1,500.00
3.0 Permitting
Lump Sum $ 1,500.00
PHASE III -Construction Contract Procurement. Inspections and Contract Administration
4.0 Construction Contract Procurement, Inspections and Contract Administration
4.114.2 Bidding/Procurement Documents/
Procurement Services Lump Sum $ 2,700.00
4.4-4.5 Inspections/Contract Administration/
Final Certifications Time & Material $ 3,000.00 (Estimate)
Reimbursables $ 500.00*
*Reimbursables will be billed direct to the client at cost or paid direct by the client, and include permit
application fees, prints, copies, mailings/ FedEx, mileage, etc.
Prints - $2.001sheet
Xerox Copies - $0.15/page
Mileage - $0.54/mile
Application Fees — at cost
Other Reimbursables — at cost
The following consultants will be retained by SBS to provide other necessary services. The consultant
fee is included in SBS cost above:
• Electrical Engineer— KAMM Consulting $2,500.00 (1 & Ii) and $1,450.00 (Ill)
• Geotechnical Engineer $3,800.00 (Task 1.5 a, b) $600.00 (Task 1.5 c)
Invoices shall be submitted monthly, and the invoice amount shall be in proportion to the percentage of
the Scope of Work complete. All payments must be received by the Engineer within 30 days of the date
of an invoice. Any payments received after said date will be subject to a late interest fee of one and one
half percent (1- 112%) per month. The client shall be responsible for all attorney's fees, court costs, and
related expenses incurred in the event that payment is not timely made and proceedings are brought by
the Engineer to collect sums owed.
Page 1 of 1
120 of 124
aIIYF
SEeAs�N
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: January 9, 2019
Aqenda Item Title: Working Waterfront Park Improvements — Change Order 001 for
Construction Phase Services
Recommendation: Staff recommends approval of Change Order 001 for additional
construction phase services.
Background:
The City submitted a grant application to the Florida Inland Navigation District Waterways
Assistance Program 2018-2019 in March 2018. The requested assistance applied to the
Working Waterfront Park: Phase 3 projects consisting of Shoreline Protection and Parking
Improvement. On September 2018 the City received word that the FIND Board approved the
recommended funding and in October 2018 a contract was executed with the FIND Board to
receive this funding. The City has until September of 2020 to complete the construction of
these improvements and request the reimbursable funds.
Applied Technology & Management (ATM) was awarded a contract to provide preliminary
design, permitting, construction drawings, bidding services, and construction management in
March 2018 in the amount of $19,500. These services were for the shoreline protection
improvements only. The City now wishes to expand these services to include construction
management for the Parking Lot improvements which will be constructed in conjunction with
the shoreline protection improvements. The City will save time and costs by utilizing one
engineering firm for both projects which will be under construction consecutively.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $3,000.00
Amount Budgeted in Current FY: $500,000.00
If Cost Requires Appropriation:
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation: /I
Administrative Services Department Reviews {c4f
Attachments: 1. Change Order, Construction Phase Services, ATM
City Man r Au In rizatio�:
Date: 11,749
121 of 124
Change Order
Applied Technologv & Management, Inc.
ATM
Change Order Number: 001
Project: Waterfront Park Shoreline
Improvements
Effective Date: January 2, 2019
Services: Construction Phase Services
Fee Estimate Change NTE: $3,000
This Change Order is appended to the Professional Services Agreement (Agreement) dated 14th day of March,
2018, by and between The City of Sebastian (hereinafter called "The City"), and Applied Technology &
Management, Inc. (hereinafter called "Engineering Consultant").
This Change Order involves modification of the original Agreement and compensation from that described in the
original scope of work of the Agreement to include the Pervious Paved Parking, as follows:
TASK 4 ADD ON — BID DOCUMENTS AND SUPPORT SERVICES — PERVIOUS PAVED PARKING
Upon completion of the Pervious Paved Parking Technical Package by others. ATM will assist the City with
development of a single Bid Package for the Shoreline Improvements and Pervious Paved Parking to be
distributed electronically to pre -qualified contractors. In an effort to facilitate solicitation and evaluation of
competitive, qualified bids for the construction, ATM will provide the City with the following bid support services:
• Attend one (1) on-site pre-bid conference with the City.
• Issue addenda as appropriate to clarify, correct, or change the Bid Documents. 1 Addendum is assumed
for costing.
• Assist the City with their contractor selection. Support City's contract review. It is assumed that the City
will employ their own attorney to review the draft and final contract.
It is assumed that the City will provide the following:
• Material quantity and cost estimates for pervious paved parking design by others.
• Overall bid package documentation.
o Instructions to Bidders
o Form of Bonds
o Form of Contract
o Supplementary Conditions
o Form of Application and Certificate for Payment
o Compile related appendices — geotechnical reports, permits, etc.
• Advertisement for and solicitation of competitive bids for the work.
• Schedule on-site pre-bid conference.
• Review and tabulation of bids, bonds, and certificates of insurance.
This task is shown as an initial allowance due to uncertainty in number of bidders, number of bid packages, bid
phasing (if any), etc. The allowance is based on 1 bid package for both projects (Shoreline Improvements and
122 of 124
Pervious Paved Parking). It is assumed that the City will be responsible for distribution of the bid package and
payment for copying/printing and postage fees.
TASK 5 ADD ON — CONSTRUCTION PHASE SERVICES — PERVIOUS PAVED PARKING
Following award of the project to a qualified Contractor, ATM will provide limited Construction Phase services
to provide the City with technical support and observations of work in progress for both the Shoreline
Improvements and Pervious Paved Parking. Under this Task, ATM will provide technical support on a limited
basis for both of the construction elements. To this end ATM will:
• Provide technical review of Contractor's submittals (design submittals for applicable elements, shop
drawings, materials, and installation submittals for all related construction items).
• Provide technical RFI responses, as required.
• Maintain ongoing coordination with the City's project manager and the Contractor to resolve
design/construction issues and facilitate completion of the works.
• Conduct technical construction phase site visits to support the City's on-site project manager as
requested. ATM visits would occur twice per month depending on stage of construction. Site visits are
based on 1/2 day of total time each, including travel. Summary memos will be provided to the project
manager following each visit.
• Review and certify Contractor's once monthly applications for payment via coordination with the City (2
hrs/month plus support staff)
• Conduct one site visit at substantial completion to provide a punch list to the City.
• Assist the City with review of as -built drawings and close-out submittals as provided by the Contractor
to the City at the completion of construction.
Note that the above scope and associated fees for construction phase services are subject to variation based on
how many contractors are retained for the work, duration of the construction, phasing of construction, extent
of changes/deviations, etc. and may have to be adjusted at a future date.
With the exception of the additional scope and fee described above, all terms and conditions of the original
Agreement remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to the
Agreement to be executed on their behalf by their respective representatives, each such representative having
been first duly authorized so to act, as of the date and yearfirst herein above written.
City of Sebastian
Client
By
Paul E. Carlisle, City Manager
(Type Name and Title)
Date:
2
123 of 124
APPLIED TECHNOLOGY & MANAGEMENT, INC.
By
Title:
Date:
124 of 124