Loading...
HomeMy WebLinkAbout06-22-2020 PR AgendaOIYCf SEBASTL N HOME OF PELICAN ISLAND 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 228-7052 FAX (772) 228-7077 AFFGEFFNDATY �� PARKS & RECREATIIO A%IAN �ISTCRY COMMITTEE MONDAY. JUNE 22ND. 2020 6:00 PM 1) CALL TO ORDER 2)PLEDGE OF ALLEGIANCE 3)ROLL CALL 4) MEETING CHAIR MAKE ANNOUNCEMENTS 5) AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 6) APPROVAL OF MINUTES: Meeting Minutes from February 24", 2020 7) UNFINISHED BUSINESS: Item A. Integrated Pest Management Plan for Parks Update Item B: Updated Park Signage Review and Discussion 8) PUBLIC INPUT 9) NEW BUSINESS: Item A: Select a chairman and vice-chairman, adopt rules of procedure Item B: FY21 Capital Improvement Projects related to the use of Recreation Impact Fees Item C: Friendship Park Tennis Court Discussion 10) STAFF MATTERS Item A: Current Project(s) Update 11) BOARD OR COMMITTEE MEMBER MATTERS 12) ITEMS FOR THE NEXT AGENDA AND DATE: July 271", 2020 Item A: Comp Plan Parks and Open Spaces Element 13) ADJOURN Aw PERSON WHO DECIDES TO A%EAL ANYDECISION MADE WITH RERP0710ANY MATRACONSIDEREDAT MIS MEETING (OR HEARING) WILL NEEDA RECORD OFTHE PROCEEDINGSANO MAY NEED TO ENSURE THATA VERBATIM RECORDM THE PROCEEDINGS 6 MADE, WHICH RECORD INCLUDES ME TESTIMONY AND EVIDENCE UMN WHICH THE APPEAL ISTO RE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY S ADA COORDINATOR AT 589-5330 AT LWT48 HOURS IN ADVANCE OF THIS MEETING. atv�� SEE1A,STbkN HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetinq Date: June 22nd 2020 Aaenda Item Title: Meeting Minutes from February 241h, 2020 Recommendation: Approval of Meeting Minutes from the February 24°i meeting. Background: If Agenda Item Reauires Expenditure of Funds: Total Cost: N/A Attachments: Parks & Recreation Advisory Committee Minutes of Regular Meeting on February 24",2020 PARKS AND RECREATION ADVISORY COMMITTEE MINUTES OF REGULAR MEETING FEBRUARY 24, 2020 1. Call to Order — Acting Chairperson White called the meeting to order at 6:00 p.m. 2. Pledae of Alleaiance was recited by all. 3. Roll Call Present Mr. Renzi Mr. Danise Ms. While Ms. Webster (late arrival) Not Present Mr. Agudelo — Excused Mr. Sims — Excused Also Present Brian Benton, Leisure Services Director Janet Graham. Technical Writer Ms. White opened the meeting. Ms. Webster was a late arrival; she then took her place as Chairperson. 4. Meetina Chair Makes Announcements Ms. Webster stated Mr. Sims and Mr. Agudelo are excused from this evening's meeting. 5. Aaenda Modifications — None 6. ADDroval of Minutes Ms. Webster asked if everyone had had a chance to look at the Minutes from the last meeting. All stated they had. Ms. Webster then called for a motion. A motion to approve the December 16, 2019 Minutes as presented was made by Mr. Danise, seconded by Mr. Renzi, and passed unanimously via voice vote. 7. Unfinished Business A. Batting Cage Update PARKS AND RECREATION ADVISORY COMMITTEE PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2020 Mr. Benton updated the Committee on the batting cage project. There were a few delays with the contractor. In order to not interfere with the little league season, this project was pushed back to the summertime. Staff did not feel comfortable taking the fencing down on the cage, having the netting installed, and not having the fence line connected from the third base dugout on field 4 and the first base dugout on field 3 to the fence pole. That was left as is for now, and it will be a summertime project along with the rest of the baseball/softball field projects. There were no questions or comments from the Committee. 8. Public Input — None 9. New Business A. Integrated Pest Management Plan for Parks Discussion Mr. Benton reviewed that City Council had imposed a 120-day moratorium, banning the use of herbicides and pesticides within City parks and properties. Based on information received from the Integrated Pest Management workshops, a sub -committee was formed to develop an Integrated Pest Management Plan (IPM) for the City's parks. This committee is composed of Kim Haigler, the Environmental Technician with the City; Thomas Carrano, who is a Natural Resources Board member; Kathy Brothers, who is a Natural Resources Board member; Brian O'Neill, who is a Natural Resources Board member; Dr. Graham Cox, who is a scientific consultant; Christine Kelly-Begazo, who is the Indian River County Extension Director for the University of Florida IFAS; and Mr. Benton. This sub -committee has been tasked with developing the IPM for the City's parks. This sub -committee met beginning February 12 and will meet each Wednesday at 3:00 p.m. until the end of March to develop this plan. Included in tonight's agenda packet are a few of the slides that were shown on the kick- off presentation to City Council on February 12 (SEE ATTACHED). Mr. Benton described the first slide and explained the various elements in the Community IPM Cycle. The second slide defined what a pest is. He further described which pests are treated at the different parks in the City. He named the pests that have been identified in the parks system. They are fire ants, sod webworms, mole crickets, grubs, moles, cutworms, mice, Japanese beetle grubs, broadleaf weeds, signal grass, torpedo grass, goose grass, dollar weed, sedge grass, crabgrass, and pennywort. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2020 The third slide shows how the different parks have been separated into different classifications so that specific pests can be identified for each park classification in order to better identify which methods should be used. The fourth slide displays the schedule and deadlines for the IPM sub -committee. The committee meets every Wednesday at 3:00 p.m. upstairs in the conference room at City Hall. These meetings are open to the public. Mr. Benton reviewed that the sub -committee did visit Barber Street Athletic Complex and Friendship Park last week to identify the pests and hear from the certified applicators on exactly their process to maintain the fields. He reviewed the City's process for applying the products at the parks and that the City strictly follows the directions on the products' labels. He explained that each member of the sub -committee is assigned pests individually. Those committee members will submit their inputfrom the biological, cultural, mechanical, and chemical control aspects. It was discussed at the last meeting that the goal is to have every single person on the sub -committee agree 100 percent with the plan that will be presented to Council. Discussion among Mr. Benton and the committee members was had regarding whether fire ants are being treated during the moratorium. Mr. Benton stated that Friendship Park was shut down because of the large population of fire ants there. City Council did give staff permission to treat Friendship Park. It was treated with Advion fire ant bait. Mr. Renzi inquired if the City will be using any pesticides or herbicides in the future. Mr. Benton stated that even organic products are listed as pesticides. Pesticides will be used in some forth going forward, but at this point he cannot state what the sub -committee is going to come up with as their solutions. No pesticides or herbicides whatsoever have been used by the City since the moratorium except for treating the fire ants at Friendship Park. A test was done before the moratorium on a non -selective herbicide, which was when the use of glyphosate was attempting to be eliminated. A product called Eco-Mite W.O.W. was used in that test right beside Roundup (glyphosate). The Eco-Mite W.O.W. product worked just as well, if not better, than Roundup. He cannot speak to whether it can be used in the waterways, as it has not been tested for those areas. That product, being non -selective, will kill the weeds and the grass, so it would not be used in the turf fields, but only along the fences, sidewalks, etc. where there should be nothing growing. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2020 Ms. White asked when the 120-day moratorium will expire. Mr. Benton stated it is the end of March some time. The plan is to present the Integrative IPM Plan at the April 8lh City Council meeting. Ms. White also asked why the Easy Street Park is a passive park when so many children and adults use that park. Mr. Benton explained how those designations were made, but his staff can look at reevaluating that park. Ms. White stated the fire ants are active all along the edges of the sidewalks. 10. Staff Matters A. Current Project(s) Updates • Park Signage Project -- Mr. Benton staled he is currently awaiting new samples from the manufacturer that will show the final design that was chosen. The project manager for this company whom the City was working with has decided to leave. That slowed the timeline down a bit. At the last meeting, staff did ask this company to develop an epoxy rope that could be added to the poles for the signs, as had been discussed at this committee's December meeting. He expects them to come back to the City with that product in the next two to three weeks. They have also been asked to produce a mini version of a full-scale sign so that staff will have an entire sample put together as opposed to just a drawing. That should be available for this committee at the next meeting. • Baseball and Softball Field Projects — All of these items have been moved to the summer because of an issue with the fence contractor. • Pickleball Courts — Staff is working to finalize a grand opening date. As soon as it is finalized, which he expects to be within the next couple weeks, he will send an email and/or a phone call to all committee members announcing the date and the time. Ms. White asked about lighting. Mr. Benton stated the plan is still to go forward with the token -operated lighting system as was described at this committee's last meeting. He expects that within the next four to six months the lighting will be completed. The contract with the airport is currently being reviewed by the new City Attorney, and Mr. Benton will send a copy of that contract to each committee member. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 5 MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2020 Mr. Denise asked if there was no other place to put the pickleball courts except at the airport. Mr. Benton stated Friendship Park was looked at as a place to put the pickleball courts. There were concerns over parking and concerns over the number of courts that could be fit back there. With the large amount of space needed for the number of courts planned, it was decided to use the airport property. Mr. Denise is concerned with the amount of rent to be paid to the airport. He also asked if there will be a professional available to give lessons. Mr. Benton stated he understands the amount for rent is going to be changing somewhat -- not going up but coming down. He described the management of the courts initially and how that will change somewhat as time goes on and there is more information available to the City regarding the hours with most usage, etc. Going forward, there will be times for people to rent the courts, but it is the City's desire that some of the courts are open to the general public all the time. Ms. Webster asked if, once the courts at the airport are open, there is still going to be pickleball available at the Schuman Drive location. Mr. Benton stated the Schuman Drive facility will remain the same as it has been. • Lightning Detector -- There is a new city attorney. Mr. Benton stated he is really busy right now. Mr. Benton will get with him and have a discussion about the lightning detector. He anticipates having an update at the March meeting. • Mulch Replacement — Ms. White asked if the much replacement is still being planned at George Street and Filbert. Mr. Benton stated Filbert has been converted from a sand playground to a mulch playground. That project is done. George Street is getting a new playground this year, so the RFP is going out sometime the middle of March. When that is received, It will come to this committee for approval for the playground before the City moves forward with purchasing. That will have a special needs portion to it. Ms. Webster brought up the subject of shade shelters at the playgrounds. Mr. Benton stated that is something that can be looked at in the future. B. Board Opening Mr. Benton said there is still one alternate board member position available. 11. Board or Committee Member Matters PARKS AND RECREATION ADVISORY COMMITTEE PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2020 Ms. White stated the Easy Street Park is doing well. She is hoping that the Garden Park can be looked at again in the future. Mr. Danise brought up the rubber pallets.. They present a tripping hazard. He also stated about half the lights at the tennis courts are not working. He inquired If there are new lights being installed. Mr. Benton stated yes. The LED lights have been ordered and received. The problem now is access. The gates are too small to get the City's lift in, so portions of the fence must be removed in order to get access. He estimates this will be completed in the next two to three weeks. Mr. Renzi asked about the limeframe on work in Riverview Park. Mr. Benton stated the sidewalks in Riverview Park is the first phase of that plan. It is in the budget to redo some sidewalks. The discussion is currently about whether to go back to concrete sidewalks or to do asphalt sidewalks. Ms. Webster asked if there will be an Easter Egg Hunt this year. Mr. Benton said the Easter Egg Hunt will be April 11. The plan is for the event to start at 9:00 a.m. The egg hunt will start promptly at 10:00 a.m. She stated that Shrimp Feat is March 20, 21, and 22. Mr. Benton also stated the Pelican Island Festival will be March 7th. 12. Items for the Next Agenda and Date: March 23, 2020 13. Adiourn There being nothing further, Ms. Webster called for a motion. A motion to adjoum the meeting was made by Ms. Webster, seconded by Mr. Renzi, and passed unanimously via voice vote. Joann Webster, Chairperson Parks and Recreation Committee 19 Date: cnYOF SEBASTIAN HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetino Date: June 22"0, 2020 Aoenda Item Title: Integrated Pest Management Plan for Parks Update Recommendation: N/A Background: In February of 2020, the IPM Sub -Committee was formed to assist City staff in the development of an Integrated Pest Management Plan for the City s parks and properties. The role of this Sub -Committee is to assist in the development of a cohesive IPM Plan, advise on pest management issues, and evaluate the City's progress towards the goals of the IPM Plan. The IPM Plan will be introduced to the P&R Committee at the July 27t^ meeting for your review and recommendations prior to going to City Council. If Agenda Item Requires Expenditure of Funds: Total Cost: N/A Attachments: (1) Community IPM Cycle Document -Scout landscapes and buildings to locate pests. INSPEcnON & •Monitor by visual checks, traps, etc. MONITORING -Document If results met expectations -identify pests to specific species •Determine whether the IPM plan needs EVALUATE •Know the life cycle and life stages of pests to be changed EFFECTIVENESS I IDENTIFICATIO I -Effective treatment depends on proper ID •Regularly assess what was learned LI COMMUNITY IPM -Accurate record -keeping is essential CYCLE to effective IPM • . • •Determine If treatments were effective 901 *Know what changed using trap counts, KEEPING weather data, and observations , C 1� 2A:' -Use natural enemies of the pests • • ' *Create habitat for beneficials •Disrupt the pest environment •Remove pest attractants • Plant pest resistant species. -Think prevention— keep pests out, don't feed pests, keep plants healthy *Determine what action is needed and whether a threshold has been crossed -Consider environmental, economical, and human health costs equally -Zero tolerance for indoor structural pests, like roaches, rats •Use proper techniques and timing for required management NA 3 y 4 •LAST tool in the IPM toolbox •Carefully weigh environmental costs & • ' • • benefits -READ THE LABEL The label is the lawl -Choose the least -toxic option available •Prevent pest entry with physical barriers that will do the lob. •Cultivate soil to disturb weed seedlings *Mowing to prevent weeds from seeding -Mulching Cn a SERNSTIAN HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetinq Date: June 22nd, 2020 Agenda Item Title: Updated Park Signage Review and Discussion Recommendation: Discuss the provided Mock Up of the Park Signage and provide input and recommendations for City Council Background: At the August 20, 2019 P&R meeting you were presented the design of the new park signs. We selected a vendor to produce the signs and awarded them the bid in December 2019 with the City Council's approval. In working with the vendor we have gone through various designs and have finally came to a conclusion. In the agenda packet you will see the sign mock-up and prototype. This will be a three year plan to replace all park signage and also install signage at parks that currently do not have identification signage. We will have a full scale model to present at the City Council meeting on July 8. If Amanda Item Requires Expenditure of Funds: Tota Budgeted: FY19 & FY20 budgets include $102,010 for Park signage using Recreation Impact Funds. Attachments: (1) Pickleball Complex Sign Design Document (2) Pickleball Complex Sign Prototype Document MY OF SEeASTM HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetina Date: June 22nd. 2020 Aaenda Item Title: Select a Chairman and Vice -Chairman, adopt rules of procedure Recommendation: Select a Chairman and Vice -Chairman, adopt rules of procedure Background: The Handbook for the City of Sebastian Board, Commission and Committee Members dictates that at the regular June meeting of each Calendar year, The Parks & Recreation Advisory Committee shall select a Chairman and Vice -Chairman. The Committee shall also adopt the rules of procedure. If Agenda Item Reauires Expenditure of Funds: Total Cost: N/A Attachments: Handbook for City of Sebastian Board, Commission and Committee Members, Chapter 2, Article IV — ADMINISTRATION: Boards, Commissions, Committees, Division 3, Parks and Recreation Advisory Committee, Sec. 2-214, Procedures. On Lf SEBASTIAN HOME OF PELICAN ISLAND HANDBOOK FOR CITY OF SEBASTIAN, FLORIDA BOARD, COMMISSION, AND COMMITTEE MEMBERS APRIL 1990 TABLE OF CONTENTS SUBJECT PAGE INTRODUCTION 3 GENERAL MEMBERSHIP REQUIREMENTS- R-12-38 and 0.12.12 SECTIONS 2,36 THROUGH 2-173 OF CODE OF ORDINANCES 4-9 APPLICATION FORM 10-11 MEETING PROCEDURES& SUGGESTED AGENDAS 12-15 SUNSHINE LAW, DISCLOSURE, VOTING CONFLICTS. STATUTES 16-19 BOARDS AND COMMITTEES BOARD OF ADJUSTMENT 21-25 CHARTER REVIEW COMMITTEE 26-28 CITIZEN ADVISORY TASK FORCE 29-30 CITIZENS BUDGET REVIEW ADVISORY BOARD 31-32 COMMUNITY REDEVELOPMENT ADVISORY AGENCY 33-34 CONSTRUCTION BOARD 3545 DISABILITIES ADVISORY COMMITTEE 4647 NATURAL RESOURCES BOARD 4849 PLANNING AND ZONING COMMISSION 50-58 POLICE RETIREMENT BOARD OF TRUSTEES 59-60 PARKS& RECREATION ADVISORY COMMITTEE 61-62 VETERANS ADVISORY BOARD U-M CHARTER REVIEW COMMITTEE CITIZEN ADVISORY TASK FORCE (CATF) CITIZENS BUDGET REVIEW ADVISORY BOARD COMMUNITY REDEVELOPMENT AGENCY CONSTRUCTION BOARD DISABILITIES ADVISORY COMMITTEE NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS AND RECREATION ADV. COMMITTEE VETERANS ADVISORY BOARD COMMITTEE GENERAL INFO TABLE - CODES, SECRETARIES 2 INTRODUCTION The City of Sebastian has twelve City Boards, Committees and/or Commissions. A description of the duties, purpose, and meeting schedules of each board are provided in this "Handbook". Some of the Boards have statutory powers, while others serve in an advisory capacity to the City Council. Board members are a valuable part of American local government that includes citizen input in the policy and decision making process. In the City of Sebastian, "Service is our Business". To make us truly a service community, we need your help and expertise. City Boards, Committees and Commission Members can be a strong, positive force in planning the development of our City. As a member of one of our boards, you may be the only contact a citizen has with local government. That first contact - that first impression - is a vital part of the communication that must exist between citizens and their government. Many people quickly make up their minds about the City of Sebastian based on their initial contact with just one person. Public relations is not publicity, it is our collective ability to handle the concerns and requests of our citizens. On behalf of the City Council, City Manager, City Attorney and Staff, we WELCOME you to our City team. Please feel free to call the City Clerk's office (589-5330) for assistance. Jeanette Williams, MMC City Clerk City of Sebastian MEETING PROCEDURES SET FORTH BY R-15-09 11 SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vole of members present. All unfinished business at adjournment shall be carried to the next meeting. SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of the Board or Committee have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of the Board or Committee may appeal the decision of the Chair, and the result shall be determined by majority vole. SECTION 4. AGENDA FORMAT AND GUIDELINES FOR MEETINGS. The general formal and guidelines for City meeting agendas shall be generally in the form attached hereto as Exhibit "A". However, the board or committee may change the order of agenda headings by majority vote. SECTION 5. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) Order for public hearings (other than quasi-judicial procedures which are established by City Council Resolution No. R-99-12) before City boards and committees: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearin. The Board or Committee may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. The Board or Committee may defer action on a matter and continue the public hearing for receipt of written comments on the matter. SECTION 6. PROCEDURES FOR PUBLIC INPUT. A. Procedures for All Public Inqut. 1. Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) are allowed five minutes to speak on that item, however, the Board or 12 Committee may extend or terminate an individual's time by majority vote of members present. Input Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Chair and any member of the Board or Committee may call upon an individual to provide additional input if desired. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 2 above. B. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee 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 the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may by consensus place a requested item on a future agenda. SECTION 7. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vole of at least a majority of the members present. B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by the Board or Committee. EXHIBIT "A" SEBASTIAN BOARD AND COMMITTEE AGENDA FORMAT AND GUIDELINES' 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS Modifications and additions require unanimous vole of members. Deletions do not apply. 5. PUBLIC HEARINGS (does not apply to all boards) 6. UNFINISHED BUSINESS 7. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vole of members present 8. NEW BUSINESS 13 9. STAFF MATTERS 10, BOARD OR COMMITTEE MEMBER MATTERS 11. ITEMS FOR NEXT AGENDA 12. ADJOURN 'Any provisions of this Resolution may be suspended by the affirmative vote of at least a majority of members present. 14 SUNSHINE LAW FREQUENTLY ASKED QUESTIONS Florida Constitution, Article I, Section 24(b) Florida Statutes, Section 286.011 www.mvfloridaleoal.com/sunshine (online training videos) Q. What is the Sunshine Law? A. Florida's Govemment-in-the-Sunshine law provides a right of access to governmental proceedings at both the stale and local levels. It applies to any gathering of two or more members of the some board to discuss some matter which will forseeably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all stale and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. Q. What are the requirements of the Sunshine Law? A. The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken. Q. What qualifies as a meeting? A. The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Q. What are the requirements for minutes? A. Generally, a written summary of events (not every detail) occurring at the meeting. The minutes must be open to public inspection within a reasonable time. The meeting does not have to be recorded but if it is, the recorded media becomes a public record and is subject to the public records law. Q. What are the personal consequences of Sunshine Law violations? A. "Knowingly" violating the law is punishable by 60 days jail and/or fine up to $500.00. Suspension and/or removal from office. Noncriminal fine up to $500.00. Payment of attorneys fees. The City Attorney can assist you if you have any questions regarding the Sunshine Law. 15 CONFLICT OF INTEREST htto://www.eth ics.state.fl.us/Documents/Forms/Form%208B.PDF?cD=2017125 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, co-owner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). The City Attorney can assist you if you have any questions regarding a possible conflict of interest. 16 FINANCIAL DISCLOSURE Florida Constitution Article 11, Section 8 FINANCIAL DISCLOSURE Conflicts of interest may occur when public officials are in a position to make decisions, which affect their personal financial interests. This is why public officers and employees, as well as candidates who aspire to hold public office, are required to publicly disclose their financial interests. The disclosure process serves to remind officials of their obligation to put the public interest above personal considerations. It also helps citizens to monitor the activities of those who spend their tax dollars and participate in public policy or administration. WHAT MUST BE DISCLOSED In general, this includes the reporting person's sources and types of financial interests, e.g., name of employer and address of real property holdings. WHO MUST FILE State officers, local officers, candidates for local elective office; any person elected to office in any political subdivision and any person appointed to fill a vacancy for an unexpired term in such elective office; certain (BUT NOT ALL) appointed members of boards of any political subdivision, and all members of bodies exercising land -planning, zoning or natural resources responsibilities, whether advisory or not. See Florida Statutes for specific requirements. FINAL FINANCIAL DISCLOSURE Within 60 days of leaving any appointed or elected position, an individual must file a final financial disclosure form. Fines will be imposed for failure to file. NOT EVERY BOARD MEMBER IS REQUIRED TO FILE FINANCIAL DISCLOSURE FORMS. YOU WILL BE PROVIDED WITH A FINANCIAL DISCLOSURE FORM AND A FINAL FINANCIAL DISCLOSURE FORM UPON APPOINTMENT IF THE BOARD YOU HAVE BEEN APPOINTED TO IS REQUIRED TO FILE. PLEASE REFER TO THE GOVERNMENT IN THE SUNSHINE WEBSITE AT www.mvflortdaleaal.com/sunshine. LAWS FREQUENTLY CHANGE, THEREFORE, THE BEST INFORMATION YOU CAN OBTAIN IS FROM THE UPDATED WEBSITE. 17 FLORIDA STATE STATUTES Florida State Statutes Chapter 112 deals with financial disclosure, voting conflicts and gifts. Please make time to either come in to the City Clerk's office or visit the internal to research Florida Statutes, which can be found at: hftp:/Iwww.[eq.state.f1. us/statutes/ 18 PARKS AND RECREATION ADVISORY COMMITTEE 0o ORDINANCE 0-03-29 — adopted 12110103 creating a permanent board: ORDINANCE 0-07-07— adopted 6/13/07 eliminated zone representation. Chapter 2, Article IV —ADMINISTRATION: Boards, Commissions, Committees Division 3. PARKS AND RECREATION ADVISORY COMMITTEE Sec. 2-211. Establishment. The City Council of the City of Sebastian hereby establishes a Parks and Recreation Advisory Committee. The purpose of the Committee shall be to study and provide recommendations to City Council: As to the development of the park system, and As to the provision of active recreation programs and facilities Membership on the Committee shall be through appointment by City Council. Sec. 2-212. Panel Comoosition, The Committee shall be composed of five residents and two alternates appointed al -large. Sec. 2-213. Terms There shall be a continuity of terms for the membership from the original establishment of the committee, with terms hereinafter governed by the general provisions of this Article. Sec. 2-214. Procedures. Al the regular meeting of June of each calendar year, or at the first regular meeting thereafter, the Committee shall select a chairman and vice-chairman. The Committee shall adopt rules of procedure and a meeting schedule. 61 MY OF SEBASTLW HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetinq Date: June 22nd, 2020 Agenda Item Title: FY21 Capital Improvement Projects funded by the use of Recreation Impact Fees Recommendation: Committee support the projects identified to use Recreation Impact Fees Background: City staff have assessed the needs of our parks and identified 3 projects to be funded with the usage of Recreation Impact Fees in FY21. City Code specifically permits Recreational Impact Fees to be used "only to acquire, construct or provide recreational improvements or facilities." These items have not yet been approved by City Council in the budget process so these are still preliminary requests for your review. If Agenda Item Requires Exgpnditure of Funds: Total Budgeted: $120,000 total for the 3 projects in FY21 Attachments: (1) Document showing the proposed Capital Projects funded by the Recreation Impact Fund for FY21 CAPITAL OUTLAY SCHEDULE LEISURE SERVICES DEPARTMENT - TO BE FUNDED BY GENERAL FUND EXPENDITURES PER FISCAL YEAR i Description 2020/21 2021/22 202223 2023/24 2024/25 TOTAL Mower $ 13,000 S 13,000 $ - $ 14,000 $ - $ 40,000 Utility Vehicle 16,000 - - - - 16,000 1/2 ton Extended Cab Pick -Up Truck 34,000 - 34,000 34,000 34,000 136,000 Yacht Club Building Improvements - 10,000 - - - 10,000 Refurbish Friendship Park Tennis Office - 1,800 - - - 1,800 Refurbish Park Restmom Floors - 6,500 - - - 6,500 $ 63,000 $ 31,300 $ 34,000 $ 48,000 $ 34,000 S 210,300 CAPITAL OUTLAY SCHEDULE LEISURE SERVICES DEPARTMENT - TO BE FUNDED BY RECREATION IMPACT FEES EXPENDITURES PER FISCAL YEAR Description 2020121 2021/22 202223 2023/24 2024125 TOTAL Park Identification Signage $ 30,000 $ 30,000 $ - S - $ - $ 60,000 Playground Improvements 70,000 40,000 40,000 110,000 40,000 300,000 Park Improvements 20,000 20,000 20,000 20,000 20,000 100,000 $ 120,000 $ 90,000 $ 60,000 $ 130,000 $ 60,000 $ 460,000 CAPITAL OUTLAY SCHEDULE LEISURE SERVICES DEPARTMENT - TO BE FUNDED BY DISCRETIONARY SALES TAX Description 2020/21 2021/22 2022/23 202324 202425 TOTAL Barber Street Lightning System $ 24,000 $ - $ - S - $ - $ 24,000 $ 24,000 $ - $ - S - $ - S 24,000 6/17/20203:15 PM CITY Lf SEBSTIA�N HOME OF PELICAN ISLAND PARKS & RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL FORM Board Meetina Date: June 22nd. 2020 Aaenda Item Title: Friendship Park Tennis Court Discussion Recommendation: Discuss and provide a recommendation to the City Council in regards to the Friendship Park Har-Tru Tennis Courts Background: On the May 10, 2020 City Council agenda staff submitted for approval to resurface the clay tennis courts at Friendship Park by the lowest bidder, Welch Tennis Courts, Inc. At this meeting the City Council postponed the vote on this project and requested staff to look into the costs and feasibility of converting the courts to a hard asphalt surface. These tennis courts were built in 2005 and I have provided documentation to show the cost of construction was $100,000 at that time. If Agenda Item Requires EJ7rpPenditure of Funds: Total Budgeted: $30,000 in 20 for Court Resurfacing Attachments: (1) Capital Asset Worksheet for Construction Cost (2) Welch Tennis Court Quote to Resurface Har-Tru Tennis Courts (3) Welch Tennis Court Quote to convert clay courts to hard (asphalt) courts CAPITAL ASSET WORKSHEET ASSETTAG# . SYSTEM# DESCRIPTION OF ASSET FRIENDSHIPPARK 4 CLAY TENNIS COURTS a $25.000 EACH SIN, WN OR OTHER IDENTIFYING NUMBER ASSOCIATED PROJECT(S) l GRANT C3954 REVENUE SOURCE REVENUE BONDS PURCHASE DATE Sao-a3��S ORDER# SEE PROJ C3254 ACQUIRED S' ACQUISITION AMOUNT 5 100.00000 VENDOR NAME SEE PROJECT C3964 VENDOR# SEE PROD C3954 CHECK# BLDG CODE 7026 FLOOR DEPARTMENT 157 LIFE OF ASSET CLASS 31 ASSET 20 ream DATE OF TRANSFER DEPT TRANSFERRED TO: DATE OF ADDITION DATE OF DELETION REASON FOR DELETION: Green- Land, Beige -Building, Blue - IOTS, White - Equipment Yellm- In6aseu tum Wlieen By: DK Enkred By. I..., 7 Dale Entered: I i Approved By. Welch Tennis Courts, Inc. M�� World's Largest Builder of Fast Dry Courts Combucdon - Resurfacing - Llghdng - Accessories USTA-USP1A PAST DRYING TENNIS COURT ASBA -'I1Y RESURFACING PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor') proposes to furnish the labor, materials, equipment, and services necessary to resurface the following: four (4) Har-Tm Tennis Courts at: The Friendship Park at 1225 Main Street in Sebastian, Florida In accordance with, and subject to, the terms, conditions and specifications act forth below, the construction work is referred to in this proposal as the "Project." 1. COURT RESURFACING: The Contractor shall resurface four (4) Har-Tar tennis courts, each corm measuring approximately 60 feet by 120 feet. a. The existing line tapes and nails shall be removed. If nails require removal by hand (missing nail heads or nails do not pull our when line tape is removed) or new line tapes require pre -drilling each hole (determined if line tape nails bend during normal installation), a change order shall be issued for the additional work which shall be performed at a rate of $75 per man-hour. b. Scarify court surfaces as needed, clean courts of all excess dead material, surface algae, mold and other organic growth. c. Treat the courts using Welch Tennis AlgaeBlauerTM algaecide to inhibit future organic growth. d. Add approximately 5.6 tons Har-Tm material to each tennis court; this material shall be placed with laser -guided grading equipment to provide a smooth and even surface. Courts shall be rolled twice alter the placement of the Har-Tnt material and once more slier installation of the line tapes. The courts may require additional rolling by the Owner to obtain a firmer playing surface. e. New herringbone line tapes shall be incrusted. f Provide and Install new net posts; the existing nets shill be r instslled. (The replacement of net posts will only be in slaved/existing foundations. If old oat posts or old sleeves cannot he removed, net post replacement and new foundation price: additional $1,900.00 per coon) g. The Owner shall be responsible for providing the contractor an smile dumpster during the resurfacing. 2. CONTRACT PRICE: The Contractor shall resurface the courts specified in this proposal/contract for the following contract prim: LASER GRADING FOUR COURTS (adding 5.6 tons per court) 523,300.00 NOTE: The Contractor makes no guarantee implied or otherwise That the amounts of Har-Tar material shown above will be sufficient to bring the courts to the recommended acre (1) inch of total surface material or recommended slope. If during scarification the screening layer is encountered, scarification shall be suspended and application of clay shall proceed without any further scarification. OPTIONS (Optiom listed below are priced bawd on the work being performed in conjunction with the work described above.) OPTION 1: WTC 3.0 DTS PROFESSIONAL NET 2160.00/EA _ (Initials) 4501 Old U.S. Hwy 41 S. - P0, Box 7770 - Sun City, FI. 33586 - Phune (813) 641-7787 - Fax (813) 641-7795 Toll Free 1.800-282-4415 - Email- info@welchtemtis.com - w,ww.welchtemis.com 111 of 277 3. PAYMENT TERMS: A 50% down payment, which is due upon acceptance and signing of this proposal/contrarA, is required in order to schedule court resurfacing A final 50% payment shall be due upon completion of the entire Project. NOTE: Payments offered by credit card will incur an additional 4%surcharge for each transaction. Payment of Contractor's invoices is due upon receipt of the Invoice by Owner. Late charges, at the rate of 1 V�%per month (18% per am = maximum) shall begin to accrue on any unpaid invoice balance, beginning thirty (30) days after the invoice dale. Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the Tight to stop work in the event of non-payment. 4. ESCALATION CLAUSE: If, for my reason, construction of the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and my other contract requirements impacted by such price increases or delays In commencement of the work, will be adjusted by written change order modifying this proposal/contract. A price change shall be deemed to be 'significant^ if the price of my material, equipment, or mil of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 5. WARRANTY: Welch Tennis Courts, Inc. shall warranty the completed Project to be Gee of significant defects in workmanship and materials for a period of one (1) year. The warranty shall commence on the date of completion, but will not be enforceable, unless payment is made in the full amount of the executed contract, including change orders and late payment fees (if applicable). 6. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor-trailen and other vehicles with a weight in excess of twenty tons and provide an area adjacent to the site for storing and preparing materials. The Contractor shall exemise reasonable care in utilising the access and storage areas but canrmt be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc.). The Owner shall notify, locate and mark for the Contractor, prior to construction, my water, sewer, electrical or other conduits, which are located at the won beneath the ground surface or otherwise obstructed from view, and in the absence of such notice, the Contractor shall retire held liable for my damages to conduits during the course of cotutrriction. The Owner shall provide an onsin dumpster for the Contractors use during construction. In the event the Owner is unable to or would like for the Contractor to provide the dumpster, die Contractor shall coordinate the delivery ofa commuction dumpster for thejobsite. The casts for the dumpster, including but not limited to pick-up, delivery, monthlytvnekly fees, and dump charges, shall be the responsibility of the Owner. 7. BINDING CONTRACT: This agreement and all of its terms and conditions shall be binding upon the parties to this agreement and upon the personal representatives, executors, administrators, hens and successors assigns of either party. 8. ATTORNEY'S FEES; COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, then, in such event, the prevailing parry, as determined by the Coup hearing the manor, shall be entitled to recover its corm emu, including reasonable momey's fees, from the non -prevailing party. In the event that my sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of my balance(s) due and owing by Owner under this agreement. Contractor shall be entitled to recover its wars of collection, including reasonable attorney's fees, regardless of whether suit is brought or not. Any action to enforce this contract or my action arising from smro 112 of 277 this contract (which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a mud of competent jurisdiction in Hillsborough County, Florida. 9. TIME FOR ACCEPTANCE OF PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal, and most be accepted within such time. 10. ENTIRE AGREEMENT/CHANGES TO AGREEMENT: This proposal, once accepted by Owner, sets forth the entire agreement between the parties, and all and representations, prior negotiations, understanding, agreements, conditions, and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner se deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. If the Owner of the property upon which the work is to be performed are husband and wife, residing together, the signature of one spouse shall be binding upon the other, and the signing Owner/spouse shall be deemed to have been given the actual authority to bind upon Welch Tennis Courts, Inc. unless and until it is first counter -signed by an authorized officer of Welch Tennis Courts, Inc. SALES REPRESENTATIVE Wayne Marshall, (561) 702-8881 ACCEPTED BY: E Total Contract Price (Including Options) (OWNER) DATE: Type/Print Name & Title Accepted and Approved By: WELCH TENNIS COURTS, INC. DATE: George Todd, Jr., President n:w�.M11� WIPSBY.E 113 of 277 Welch Tennis Courts, Inc. World's Largest Builder of Fast Dry Courts Construction - Resurfacing - Lighting - Accessories USTA - USPTA ALL-WEATHER(ASPHALT) TENNIS COURT ASBA-TTY CONSTRUCTION PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor") proposes to furnish the labor, materials, equipment, and services necessary to convert four (4) Fast -Drying Tennis Courts to All - Weather Tennis Courts at Friendship Park in Sebastian, Florida. In accordance with, and subject to, the terms, conditions and specifications set forth below, the work is referred to in this proposal as the "Praject" 1. CONSTRUCTION REQUIREMENTS: The Owner shall be responsible for assuring that the work described in this proposal complies with all applicable zoning requirements and deed restrictions. The Owner shall be solely responsible for the suitability of the project site and the constructability of the Project upon the property. This proposal includes an allowance for permits, fees, engineering costs and related acquisition costs, if any; costs in excess of this allowance shall be reimbursed by the Owner to the Contractor. The Contractor shall provide the required contractor licensing to perform the work described herein, along with general liability and workers' compensation insurance. If a waiver of subrogation is required by the Owner, an additional charge of $250.00 will be added to the contract price. If the Owner requires bonding in the form of payment and performance bonds or insurance in excess of the limits of liability coverage usually carried by Contractor such additional coverage and bonding will be provided to the Owner at the Contractor's cost. 2. COURT CONSTRUCTION: The Contractor shall convert four (4) fast -drying tennis courts to all-weather tennis courts. The courts are in two (2) batteries, each battery measuring approximately 115 feet by 120 feet. a. The existing brick curb, net posts, net post footers and Har-Tm surface material shall be removed and disposed of off -site. The remaining sub -base shall be laser -graded to achieve the proper slope of one (1) inch in ten (10) feet. b. Six (6) inches of new base material shall be installed with laser -guided equipment and shall be topped with one and one-half (11/2) inches of compacted asphalt hot mix. NOTE: Welch Tennis Courts, Inc. cannot guarantee that the asphalt hot mix and/or base material will be free of all impurities (iron, clay balls, wood bits and deleterious material). These materials can be present in the materials received from our suppliers. The presence of such deleterious materials can result in discoloration of the surface and/or raised bumps in the court surface. c. After the asphalt has properly cured, the Contractor shall apply two (2) filler coats of Deco Acrylic Resurfacer material to the entire court surface. Then two (2) full coats of Deco Color MP on the entire court surface. The courts shall be the Owner's choice of standard colors. No "birdbath" deeper than 1/16 of an inch shall exist after flooding the courts and allowing one hour of time to elapse at a temperature of at least at 70 degrees Fahrenheit (21 degrees Celsius) in sunlight. d. Court Completion: Regulation playing lines shall be striped using masking tape and white line paint. Extemal-wind aluminum net posts shall be installed in new foundations along with WTC 3.0 DTS nets with polyester head bands, synthetic center straps and anchors. 4501 Old U.S. Hwy 41 S. - P.O. Box 7770 - Sun City, FL 33586 - Phone (813) 641-7787 - Fax (813) 641-7745 Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchtennis.com 3. FENCING: The Contractor shall access the courts by removing a portion of the existing fence, which shall be re -installed at completion of the Project. The Contractor shall "Cut and Knuckle" the existing fence to conform to the slope of the new courts. No other fencing is included in this proposal. No windscreen removal or minstallation is included. 4. CONTRACT PRICE: The Contractor shall complete the Project described herein for the following contract prices: ALL-WEATHER TENNIS COURTS (4) $244,600.00 ALLOWANCE FOR PERMITS/FEES/ENGINEERING $0.00 TOTAL 5244.600.00 5. PAYMENT TERMS: Contract amount shall be billed based on AIA Progress Payments and Schedule of Values. NOTE: Payment of Contractor's invoices is due upon receipt of the invoice by the Owner. Late charges, at the rate of I h%per month (18% per am = maximum) shall begin to accrue on any unpaid invoice balance, beginning thirty (30) days after the invoice date. Welch Tennis Courts, Inc. reserves the right to stop work in the event of non-payment. 6. ESCALATION CLAUSE: If, for any reason, the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and any other contract requirements impacted by such price increases or delays in commencement of the work, will be adjusted by written change order modifying this proposal/contract. A price change shall be deemed to be `significant' if the price of any material, equipment, or unit of energy increases by 5°% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 7. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor - trailers and other vehicles with a weight in excess of twentv tons; provide an area adjacent to the site for storing and preparing materials. The Contractor shall exemise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations (i.e. damage to sod, landscaping, sprinkler lines, pavement, sidewalks, etc.). The Owner shall notify, locate and mark for the Contractor, prior to commencement of the Project, any water, sewer, electrical or other conduits, which are located at the courts beneath the ground surface or otherwise obstructed from view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of the Project. The Owner shall also be responsible for sodding (or other suitable provisions for preventing erosion) around the perimeter of the courts. If sod is used, it should be placed approximately one inch below the surface level of the courts to allow for adequate court drainage. 8. WARRANTY: Welch Tennis Courts, Inc, shall warranty the completed Project to be free of significant defects in workmanship and materials for a period of one (1) year. The warranty shall commence on the date of completion, but will not be enforceable, unless payment is made in the full amount of the executed contract, including change orders and late payment fees (if applicable). Cracking in court surface is not warranted. i����ePa�uxxc«�.xn 9. BINDING CONTRACT: This agreement and all of its terms and conditions shall be binding upon the parties to this agreement and upon the personal representatives, executors, administrators, heirs and successors assigns of either party. 10. ATTORNEY'S FEES; COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, then, in such event, the prevailing party, as determined by the Court hearing the matter, shall be entitled to recover its court costs, including reasonable attorney's fees, from the non -prevailing parry. In the event that any sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of any balance(s) due and owing by the Owner under this agreement, Contractor shall be entitled to recover its costs of collection, including reasonable attorney's fees, regardless of whether suit is brought or not. Any action to enforce this contract or any action arising from this contract (which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a court of competent jurisdiction in Hillsborough County, Florida. 11. TIME FOR ACCEPTANCE OF PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal, and must be accepted within such time, unless the Contractor agrees in writing to extend the time for acceptance. Acceptance of this proposal by the Owner shall give rise to a binding and enforceable contract. 12. ENTIRE AGREEMENT/CHANGES TO AGREEMENT: This proposal, once accepted by the Owner, sets forth the entire agreement between the parties, and all oral representations, prior negotiations, understandings, agreements, conditions, and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by the Owner are deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. SALES REPRESENTATIVE Wayne Marshall ACCEPTED BY: OWNER) DATE: Type/Print Name & Title Accepted and Approved By: WELCH TENNIS COURTS, INC. DATE: George Todd, Sr., President FmWNpPNUWCCmr1U1 }1)rzMU