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HomeMy WebLinkAbout07092003CITY HOME OF PELICAN ISLAND SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, dULY 9, 2003 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 03.129 A. Announcement of Independence Day Celebration Television Program Broadcast 03.144 B. Presentation of New Sebastian Police Department Patrol Vessel 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 of City Council so requests; in which event, the item will be removed and acted upon separately. 1-10 A. Approval of Regular Meeting Minutes - 6~25~03 03.145 B. Approve Indian River County Interlocal Agreement for Public School Planning 11-3o Agreement (City Attorney Transmittal 6/30/03, Agreement) 03.146 31-58 Approval of Police Department to Enter into a Cooperative Agreement with Bureau of Alcohol, Tobacco, Firearms and Explosives to Administer G.R.E.A.T. Program to Middle Students (PD Transmittal 6/30/03, Agreement) 03.147 59-84 03.148 85-108 Resolution No. R-03-29 - Florida Department of Transportation, Aviation Section Joint Participation Agreement for Security Upgrades (Airport Transmittal 6/26/03, R-03-29, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR SECURITY UPGRADES AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-30 - Florida Department of Transportation, Aviation Section Joint Participation Agreement for Infrastructure Development (Airport Transmittal 6/26/03, R-03-30, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO IMPROVE UPON AND ADD INFRASTRUCTURE TO THE EAST SIDE OF THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.149 109-116 Fo Resolution No. R-03-31 - Florida Department of Transportation, Aviation Section Joint Participation Agreement for Maintenance Equipment, Purchase of Toolcat Machine (Airport Transmittal 6/26/03, R-03-31, Agreement, Quote) 03.113 117-138 Go A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO ACQUIRE MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-32 - Florida Department of Transportation, Aviation Section Joint Participation Agreement Change from Clearing Runway 9/27 Safety Areas to Infrastructure Improvements (Airport Transmittal 6/26/03, R-03-32, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT CHANGE FROM CLEARING RWY 9/27 TO INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.150 139-142 Waive Formal Bidding Procedure and Purchase Two Signs from Curt Oxford Woodcarver, Inc. for Total Cost of $5,184.00 (Parks Transmittal 6/27/03, Proposal) 03.151 143-144 Approve Contract to Central Window in the Amount of $15,946.00 to Furnish, Deliver and Install New Entrance Doors at the Community Center and Authorize Staff to Execute Agreement for Same (Public Works Transmittal 7/1/03, Bid Tab) 03.093 145-146 Jo Approve Revised Fiscal Year 2003-2004 Budget Calendar (Finance Transmittal 6/30/03, Calendar) 8. COMMITTEE REPORTS/RECOMMENDATIONS - none 9. PUBLIC HEARING Procedures for public hearings: (R-03-14) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record 03.095 147-168 Public Hearing for Resolution No. R-03-28, Preliminary Development Plan for Proposed 72-Acre Planned Unit Development Known as Sebastian River Landings (GMD Transmittal 7/1/03, R-03-33, Application, Plan, Staff Report, P & Z Recommendation, PJ ad, Map under separate cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 11. OLD BUSINESS 03.136 169-170 12. A. Potential Locations for Historic Train Depot (GMD Transmittal 7/1/03, Map) NEW BUSINESS 03.152 171-174 Approve Contract between City of Sebastian and Jobear/Warden Construction in the amount of $612,924.00 for Infrastructure Improvements at Sebastian Municipal Airport (Airport Transmittal 6/26/03, Bid Summary, LPA Recommendation) 03.091 175-178 Bo Approve Contract between Sheltair Sebastian, LLC and Holland Builders, Inc. in Amount of $1,143,707.76 for the Construction of Forty T-Hangars and Authorize Staff to Purchase General Fill from Blackhawk Quarry Not to Exceed $30,000 (Airport Transmittal 6/26/03, Bill Summary, LPA Recommendation) 03.153 179-182 Approve Change Order Number One to "Perimeter Fencing" at Airport Contract with Smith Industries, Inc. in the Amount of $111,095 and Appropriate $48,620 (Airport Transmittal 6/26/03, Proposal) 13. CITY ATTORNEY MATTERS 3 14. CITY MANAGER MATTERS 03.041 A. Fund Procurement Process-Capital Sanitation's Performance Bond 03.061 B. SJRWMD Participation in Sebastian Canal Enhancement Program 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Barczyk B. Mr. McCollum C. Mayor Barnes D. Mr. Hill E. Mr. Coniglio 18. ADJOURN (Ail meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 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. (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 LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: July 23, 2003 - 7:00 p.m. - Regular Council August 13, 2003 - 7:00 p.m. - Regular Council August 20, 2003 - 6:00 p.m. - Council Budget Workshop August 27, 2003 - 7:00 p.m. - Regular Council September 11, 2003 - 7:00 p.m. -14 Public Headng on City Budget & Regular Council September 24, 2003 - 7:00 p.m. - Final Public Headng on City Budget & Regular Council October 8, 2003 - 7:00 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November 12, 2003- 7:00 p.m. - Regular Council December 10, 2003- 7:00 p.m. - Regular Council 4 CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 25, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular City Council meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Building Director, George Bonacci Chief Building Inspector, Richard Schofield Zoning Technician, Dorri Bosworth Police Chief, James Davis Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy Regular City Council Meeting June 25, 2003 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) The City Manager said, for the record, there is additional background information for the Patterson-Bach agreement. (See attached as distributed.) Mr. McCollum asked to add discussion regarding publishing the agenda in the newspaper. The Mayor said he had intended to bring it up under his matters. The item instead was placed under old business by consensus. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 03.133 1-2 Announcement of Deputy City Clerk's Certification Mayor Barnes presented Jeanette Williams, Deputy City Clerk, with her Municipal Clerk Certification from the International Institute of Municipal Clerks. 03.134 B. Pride in Sebastian Award to Mr. & Mrs. Willard Siebert, 1013 Indian River Drive3 Mayor Barnes read the certificate, however, the Sieberts were unable to attend. 03.134 3 Pride in Sebastian Award to MGB Construction, Inc. for 1013 Indian River Drive Mayor Barnes read and presented the award to Mrs. Balou of MGB Construction, Inc. O3.135 4 03.135 4 03.136 Pride in Sebastian Award to Wisner Controls, 1204 Main Street Mayor Barnes read and presented the award to Rick Wisner. Pride in Sebastian Award to Capp Custom Builders, Inc. for 1204 Main Street Mayor Barnes read and presented the award to Mickey Capp. Presentation by the Buildinq Official George Bonacci and Chief Buildinq Inspector Richard Schofield Re.qardin.q the Condition of the Historic Sebastian Train Station as Offered to the City of Sebastian by the Florida Inland Naviqation District (no backup) The Building Director and Chief Building Inspector presented a videotape of the station, and said he had contacted several builders, had a response and visited the site with Capp Custom Builders. He reported that Jack Regan, Complete Electric, Capp Custom Builders, will perform work at no charge to the City. Hank Fisher said he will clear the land to move the building. He said moving the building will cost $20,000 for a total cost of $22,000 to $24,000 total. 2 Regular City Council Meeting June 25, 2003 Page Three 5-8 9-20 03.137 21-24 03.138 25-26 03.139 27-38 03.140 39-50 The City Manager reported that there are FIND grants available for this. Mayor Barnes suggested it could go near the Historical Society building. Mr. Coniglio suggested directing the City Manager to look into negotiating the property where it originally stood, which he said is currently available from FECRR. The City Manager said he would notify FIND that the City is interested in the structure and obtaining funding. It was the consensus of Council to direct the City Manager to move forward to seek funding and various locations and report back to Council. 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 of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Workshop Minutes - 6/11/03 B. Approval of Regular Meeting Minutes - 6/11/03 Approval of 4th Annual Fine Arts and Music Festival at Riverview Park on December 12, 13 & 14, 2003; Approve the Following Road Closures from 12:00 p.m. Friday, December 12th, 2003 until 8:00 p.m. Sunday, December 14, 2003: Indian River Drive from Coolidge Street south to the southern City limits, Sebastian Blvd. from just east of Hess Station to Indian River Drive, Harrison Street from just east of Dry Cleaners east to Indian River Drive Approval of Beer/Wine Sales and Consumption East of Indian River Drive From Harrison Street South to the Southern City Limit (Public Works Transmittal 6/18/03, Letter) Authorize Purchase of Toro 72 Inch 27HP Zero Turn Mower from All County Mower for State Contract #515-630-00-1 Price of $7,344.35 (Public Works Transmittal 6/18/03, Quote) Approve Contract Agreement with Camp, Dresser & McKee in the Amount of $24,900 for Performing Work Regarding Primary Canal System to Wet Detention Facility in Accordance with City's Master Stormwater Management Plan and Appropriate Funds for Same from the Unencumbered General Fund (Engineering Transmittal 6/16/03, Agreement) Approve Contract Agreement with Camp, Dresser & McKee in the Amount of $10,160 for Grant Funding Assistance in Form of Documentation and Supporting Information Required for EPA 319 and SJRWMD Grant Applications In Accordance with City's Master Stormwater Plan and Appropriate Funds for Same from the Stormwater Utility Fund (Engineering Transmittal 6/16/03, Agreement) 3 Regular City Council Meeting June 25,2003 Page Four 03.141 G. 51-62 03.130 H. 63-72 03.142 I. 73-74 Approve Contract Agreement with Camp, Dresser & McKee in the Amount of $14,840 for Providing Public Education Non-Structural Improvements in Accordance with Request from SJRWMD and City's Master Stormwater Management Plan and Appropriate Funds for Same from Stormwater Operating Accounts (Engineering Transmittal 6/16/03, Agreement) Approve Marketing Consultant Contract with Patterson-Bach for Marketing Services for the City of Sebastian In An Amount Not to Exceed $50,000 (City Manager Transmittal 6/18/03, Agreement) Authorize the City Manager to Travel to Charlotte, North Carolina to Attend the ICMA 89th Annual Conference on September 21-24, 2003 (City Manager Transmittal 6/19/03) Mr. M¢Collum removed item C. Mr. Hill removed E, F, and G. MOTION by Barczyk/Coniglio "1 move to approve item A, B, D, H and I." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. M¢Collum - aye Roll Call carried 5-0 Item C Mr. M¢Collum requested that item C be postponed until after the July 9, 2003 workshop on park use provisions. Mayor Barnes suggested that the item could be approved and then amended at a later date if necessary. Beth Mitchell, Chamber of Commerce, addressed City Council on behalf of Lisanne Monier. She advised that there is a five-year contract with the City for this festival. MOTION by McCollum/Hill "1 will move we approve item C of the consent agenda with the knowledge that any changes we discuss at the Riverview Park workshop, if there is any changes that affect us, they'll be incorporated." Regular City Council Meeting June 25, 2002 Page Five Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Items E, F and G Mr. Hill inquired why the contracts for these "stormwater" projects are not all being funded by stormwater utility fund, and the City Attorney explained that 20% of the fund is used for maintenance and administrative; 80% can only be used for capital improvements, so non- structural improvements not in the master plan cannot be paid from this fund. The City Attorney further explained that the canal restructuring will increase the stormwater holding capacity satisfying SJRWMD so the City can proceed with Miami curbing, which was addressed at the end of the master plan process. MOTION by Hill/Coniglio "1 would move approval of E, F and G of the consent agenda." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS ~ none. Regular Oity Council Meeting June 26, 2003 Page6 9. PUBLIC HEARING 03.041 A. 75-108 Second Readinq and Public Hearin.q of Ordinance No. O-03-12 - Granting Exclusive Franchise for Residential and Commercial Solid Waste Collection to Waste Mana.qement, Inc. (City Attorney Transmittal 6/19/03, O-03-12, ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Mayor Barnes opened the public hearing and the City Attorney read the ordinance title and noted minor revisions as distributed prior to the meeting (see revised pages attached). George Geletko, Waste Management, Inc. said his company appreciates the opportunity to provide service to the City and to the citizens of Sebastian. He said after six months they will do self-assessment surveys. City Council commended Waste Management for free service it has offered during City functions and the service that they are providing to the citizens of Sebastian. Mr. McCollum requested that Mr. Majcher's name be stricken from the agenda and replaced with his on the ordinance. Side II, Tape I, 8:02 p.m. He further recommended revisions as follows (old agreement): Page 16 - Stated City should be where County is referenced. Page 19 - Confirmed that disaster services would be coordinated with already contracted company. Page 22 - Confirmed the City Manager would approve scheduling changes. Page 23 -Confirmed that the City would be notified of bankruptcy proceedings should they occur. The City Attorney clarified section 3 of the ordinance, which is in accordance with state law. Staff recommended approval. The City Attorney responded to questions from Mr. Barczyk regarding builder's waste containers and gated communities. Being no public input, Mayor Barnes closed the hearing at 8:10 p.m. MOTION by Coniglio/Barczyk "1 move to adopt Ordinance O-03-12, as amended." 6 Regular Ci~ Council Meeting June 25,2003 Page Seven Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Linda DeSantis requested that the agenda be placed back in the newspaper. 03.129 109-110 Letter from C. Kennon Hendrix Regarding 4th of July Street Closinqs Ken Hendrix, attorney from Vero Beach, on behalf of Flagship Marina, requested an opportunity to discuss the closing of Indian River Drive during the 4th of July festivity and other events. He said his client owns a restaurant to the north and although he has access to the north, he is affected by the closing of the road for the whole day and requested that the road only be closed during the morning and fireworks activity. The Public Works Director and Police Chief responded to inquiries from Council relative to safety issues involved in closing the road. The Chief said he has not seen first hand what happens on the road during the mid-day but his staff tells him it would be unsafe to open the road. Mr. Coniglio said there is a contract with the Lions Club to put on this event. Baxter Coston, Sebastian, exhibited various ads and cited the importance of advertising in the local newspaper and asked that Council reconsider publishing the agenda in the newspaper. Elizabeth Shriver, expressed concern for the mosquito problem adjacent to Schumann Lake. The City Manager said he planned to schedule a meeting with Mosquito Control and will present them with her concerns. Mr. McCollum said he can call and they will come out right away. Rex Clifford urged Council to publish agendas in the newspaper. Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 8:54 p.m. All members were present. 7 Regular City Council Meeting June 25, 2003 Page Eight 11. OLD BUSINESS 03.132 A. Request to Advertise Aqendas in Newspaper (add durinq agenda modifications) The City Attorney said the Press Journal response to his inquiry about publishing the agenda for free was that their reporters perform a public service by covering those items in articles that really matter. City Council discussion followed: Mr. Hill said he was not unopposed to publishing; Mr. McCollum said he was in favor of putting the agenda back in the newspaper; Mayor Barnes said more people get cable than get the newspaper in Sebastian, that the City only got two calls when the agendas stopped and only a few more recently and did not see any reason to put it back in; Mr. Coniglio said it is not a cost issue to him but the effect of it and wondered if more people come to council meetings; and Mr. Barczyk said anything is worth a chance if it increases awareness and suggested to try it for six months and see if we can pack the house. MOTION by McCollum/Hill "1 would like to make a motion we reconvene the printing of the agenda for the city council meetings beginning with July 9th meeting in the regular font and I suggest we print the entire agenda." 12. Mayor Barnes - nay Mr. Coniglio - nay Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 3-2 NEW BUSINESS - None 13. CITY ATTORNEY MATFERS Reported on the Capital Sanitation case. Requested to attend the FMAA Conference from on July 9-13. Council consensus was to approve. 14. CITY MANAGER MATTERS 03.007 A. Riverview Park Twin Pier Construction and Shoreline Restoration Proqram (no backup) The City Manager updated Council on the twin pier construction which the original permits dictate modifications which were bid out but not successfully returned. He hoped to return to the July 23rd meeting with an award recommendation. 8 Regular City Council Meeting June 25, 2003 Page Nine 03.142 B. Report Relative to Vacant Lot Clean Up Efforts-Via Code Enforcement and/or Partnership with Keep Indian River Beautiful (no backup) The City Manager distributed a memo from Chief Davis (see attached), outlining Code Enforcement's efforts to alleviate the dumping of trash on vacant properties in the City. Other Matters He reported that the controlled burning requested for the Stormwater Passive Park did not turn out to be feasible so the land will just be cleared with heavy equipment. He further stated the approved Laurel Home burn will be done in small increments. Reported that the Wabasso Church use of Riverview Park for a flea market was cancelled. 15. CITY CLERK MATTERS The City Clerk reported on a meeting with MIS Division today which resulted in the ability to place full agenda packets in PDF format on the City's website starting in July, which can be obtained by anyone who has Acrobat Reader on their computer. 16. CITY COUNCIL MATTERS A. Mr. Coniqlio Asked if it was appropriate for contractors who are building City Hall to give a price for the Boys and Girls Club while they are making site plans and the City Manager said he will address this with the contractor, and report back on July 9% Discussed the letter from FDOT regarding the Noise and Flight Training Assessment Working Group and requested that Bob Denton's name be submitted for membership on the committee. B. Mr. Barczyk Reported that Mr. Denton was appointed to the group and Scott Baker from Velocity was appointed the alternate. Reported the signs in Riverview Park and Barber Street Sports Complex for Hibiscus Children's Home are hard to read and recommend they either be removed or replaced. The City Manager said the signs were posted at the direction of Council in 2000 and can be removed if it is the pleasure of Council. Inquired when are armadillo ditches that were dug on Barber from Periwinkle to Laconia going to be finished. The Stormwater Engineer said they were dug as an effort to open up the ditches and get water moving and that City staff is working its way back there. Expressed concerns about speeding and people running stop signs on Periwinkle and Laconia. 9 Regular City Council Meeting June25,2003 Page Ten Chief Davis said people are speeding all over the City. Mr. Barczyk asked if volunteers can be used to run radar. C. Mr. McCollum Asked the City Manager for a monthly report on the performance bond from Capital. The City Manager said he had received an invoice from Waste Management and he asked the Clerk to place a report under City Manager Matters for July 9th agenda. Encouraged colleagues to submit Charter evaluations. D. Mayor Barnes Said it had been suggested that Vets be contacted to be in the 4th of July parade and asked if anyone had contacted them. Mr. Barczyk said he called the Lions Club today to find out how Council is riding and that the Lions Club did not know anything about vets in the parade. The City Manager said he had met with the Lions Club and they thought having the Vets was a good idea. He suggested that the Public Works Director should contact the Clerks office to obtain the names of recipients of certificates from the City. Mr. McCollum said Indian River County approved funding for the 4th event. The City Manager said arrangements are being made for Council rides in the parade, i.e., in a boat, golf carts recognizing different branches of the armed services, or antique cars for which there has not been a commitment as yet. He said he will address this in his Friday newsletter. E. Mr. Hill None. 17. Being no further business, the Mayor adjourned the Regular City Council Meeting at 9:38 p.m. Approved at the July 9th, 2003 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC, City Clerk 10 $ J,~ASTIAJ~ HOME Of PELICAN ISbflqD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Indian River County Interlocal Agreement for Public School Planning ] A~l~proved for S~.ubrn~by: Agenda .o. Dept. Origin: City Attorney Date Submitted: 6/30/03 For Agenda of: 7/9/03 Exhibits: Agreement Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Florida Statutes requires each local government to adopt an intergovernmental coordination element as part of its comprehensive plan. The attached agreement is self-explanatory for collaborative planning and decision making on population projections and public school siting. RECOMMENDED ACTION At Council's discretion- Move to approve and have the Mayor sign the Indian River County Interlocal Agreement for Public School Planning. Indian River County Interlocal Agreement For Public School Planning Indian River County indian River County School Board City of Fellsmere City of Sebastian City of Vero Beach May 2003 Table of Contents for the Interlocal Agreement Introduction ............................................................................................................................ Page 1 Section 1 - Committees .......................................................................................................... Page 2 Section 2 - Joint Meetings .................................................................................................... Page 2 Section 3 - Student Enrollment Projections ........................................................................... Page 3 Section 4 - Coordinating and Sharing of Information ............................................................ Page 3 Section 5 - School Site Selection ........................................................................................... Page 4 Section 6 - School Facility Modification ............................................................................... Page 6 Section 7 - Comprehensive Plan Amendments, Re-zonings, and Development Approvals ............................................................................... Page 7 Section 8 - Educational Facilities Report and Five-Year District Facilities Work Program ........................................................ Page 8 Section 9 - Co-location and Shared Use ................................................................................. Page 8 Section 10 - Resolution of Disputes ....................................................................................... Page 9 Section 11 - Oversight Process .............................................................................................. Page 9 Section 12 - Amendment Process and Term of the Agreement ............................................ Page 9 Section 13 - Execution in Counterparts ................................................................................. Page 9 Section 14 -Effective Date .................................................................................................... Page 9 Signature Pages .............................................................................................................. Pages 10-11 Appendix "A" - School Coordination Groups/Activities .................................................... Page 12 Appendix "B" - School Coordination Due Dates ................................................................ Page ! 3 Appendix "C" - School Site Selection Flow Chart ............................................................. Page 14 Appendix "D" - indian River County LDR Section 971. i 4(4) ............................................ Page 15 2 INDIAN RIVER COUNTY INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL PLANNING This Agreement is entered into between the Indian River County Board of County Commissioners (hereinafter referred to as "County"), the City Council of the Cities of Fellsmere, Sebastian and Veto Beach (hereinafter referred to as "Cities"), and the School Board of Indian River County, Florida (hereinafter referred to as Scnuo~r, uaru ~. Not participating in this agreement are the Town of Indian River Shores and the Town of Orchid. These jurisdictions are not participating in this Agreement because they qualify for exclusion pursuant to the provisions of Chapter 163, Florida Statutes. WHEREAS, the County, Cities, and School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children of Indian River County; and WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by the reduction of student travel times and the placement of schools to take advantage of existing and planned roads, water lines, sewer lines, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) the location and design of schools so that they serve as community focal points, (5) the location and design of schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use oppommities, and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section 1013.193, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h)1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part, of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school board, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish, by interlocal or other formal Agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination elements; and WHEREAS, the County and School Board have had a "Memorandum of Understanding" for joint review of new school sites and joint review of school site plans since 1986 and that agreement is being superceded by this interlocal agreement; and WHEREAS, the County, Cities, and School Board enter into this Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the County, Cities, and School Board have mutually agreed that coordination of school facility planning and comprehensive land use planning is in the best interests of the ckizens of Indian River County; and WHEREAS, the County has jurisdiction for land use and growth management decisions within its unincorporated boundaries and the Cities have similar jurisdiction within their boundaries, and WHEREAS, the School Board has the responsibility to provide school facilities to ensure a free and adequate public education to the residents of Indian River County, and WHEREAS, the County, Cities, and School Board agree that they can better fulfill their respective responsibilities by working in close cooperation to ensure that adequate public school facilities are available for the residents of Indian River County, and WHEREAS, the parties are authorized to enter into this interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2, and Section 1013.193(7), F. S. NOW THEREFORE, be it mutually agreed between the Indian River County School Board, the Board of County Commissioners of Indian River County and the City Councils of the Cities of Fellsmere, Sebastian, and Vero Beach that the following procedures and requirements will be followed and met in coordinating land use and public school facilities planning: Section 1. Committees The following committees are hereby established. 1.1 A staff working group Committee consisting of the Indian River County Community Development Director, the Indian River County Planning Director, the Planning or Community Development Director or City Manager of the cities of Sebastian and Vero Beach, a staff designee appointed by the Mayor of the City of Fellsmere, the Indian River County School Board's Assistant Superintendent of Operations, and the Indian River County School Board's Executive Director of Facilities. 1.2 An Elected Officials Oversight Committee (EOOC) consisting of the County Commission Chairman, the mayors of Vero Beach, Sebastian, and Fellsmere, the Regional Planning Council Chairman, the School Board Chairman, or designated representatives. 1.3 A School Planning Technical Advisory Committee (SPTAC) consisting of representatives from the following agencies: a. Planning Director from the Indian River County Planning Division and, if applicable, any affected cities' City Planning or Community Development Director, City Manager or designated staff person; b. County Engineer bom the Indian River County Engineering Division and, if applicable, any affected cities' City Engineer; c. County Traffic Engineer from the Indian River County Traffic Engineering Division and, if applicable, any affected cities' Traffic Engineer or Public Works director; d. MPO Director from the Indian River County Metropolitan Planning Organization (MPO); e. Assistant Superintendent of Operations from the Indian River County School Board; f. Executive Director of Facilities from the Indian River County School Board; g. Director from affected water and sewer utility providers. h. Director of the Indian River County Parks and Recreation Department and, if applicable, any affected cities' Park and Recreation Director, and i. County Sheriff and, if applicable, any affected cities' police chief. 1.4 A citizen oversight committee consisting of five citizens appointed by the school board, the county, and cities of Fellsmere, Sebastian, and Vero Beach. Each jurisdiction or entity shall appoint one member. Section 2.1 2. Joint Meetings The Staff working group shall, at a minimum, meet semi-annually (2"d Friday in February and August of each year at the County Administration Building) to set direction, formulate recommendations, and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, and on-site or off-site infrastructure improvements (e.g. roads, sidewalks and bikeways) needed to support schools and ensure safe student access. The County Planning Director will be responsible for making meeting arrangements and providing notification. 4 2.2 Section 3.1 3.2 3.3 The Elected Officials Oversight Committee shall, at a minimum, meet every year (2"d Friday in April of each year, at the County Administration Building) in joint workshop sessions. The joint workshop sessions will be opportunities for representatives of the County Commission, the City Councils, and the School Board to set direction, discuss issues, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. The County Planning Director will be responsible for making meeting arrangements and providing notification. The meetings discussed in 2.i and 2.2 of this Agreement shall ensure that this interiocai Agreement is implemented in a timely and efficient manner. In addition, the meetings subject to 2.2 shall be noticed to the public, and public comment shall be received. 3. Student Enrollment Projections The School Board shall utilize the Department of Education (DOE) countywide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request, the school board will coordinate with the municipalities and county regarding future population projections and growth. The staff working group committee at its first meeting each year will review, adjust if needed, and approve school board's staff allocation of projected student enrollment into sub-county planning sectors. The planning sectors will be established by the staff working group. The school enrollment projections and their allocation to sub-county planning sectors will be included in the educational facilities report provided to the county and cities each year as specified in subsection 4.2 of this Agreement. Section 4.1 4.2 4.3 4.4 4. Coordinating and Sharing of Information The School Board shall coordinate and share information with the County and Cities as follows. Educational Facilities Report: By November 1 of each year, the School Board shall submit to the County and each City its educational facilities report (five-year work program). The report will contain information in tabular, graphic, and textual formats detailing existing and projected five year school enrollment, existing educational facilities and their capacity to be expanded, their locations, the number of portables in use at each school, and projected needs. The report will also contain the board's capital improvement plan, including planned facilities with funding over the next 3 years, and the educational facilities representing the district's unmet need. The report will provide data for each individual school concerning permanent school capacity based on Department of Education criteria and enrollment at each individual school based on actual counts. The report will show the generalized locations where new schools will be needed. The report will indicate properties the School Board has already acquired through developer donation, or properties on which there is a developer obligation to provide property to the school board at the school board's discretion, or properties acquired through other means that are potential school sites. When considering a significant renovation or a closure of a school facility, the school board shall notify the appropriate city in which the school is located or the County Planning Division prior to any significam renovation or closure activities. Significant renovations encompass projects that increase or decrease a school's capacity by 10% or more, or increase a school's total building square footage by 10% or more. The County and Cities shall coordinate and share information with the school board as follows: bo Co Project Review and Comments: Within 5 days of the submittal of any new housing development project application (excluding 55 years and older projects), the County or City in which the project is located shall notify the School Board's Executive Director of Facilities that an application has been submitted and shall inform him of the location where the site plan can be reviewed. To ensure that the School Board is provided timely notice of all development projects proposed in the unincorporated county, the county will continue to send agendas for pre- application conference meetings, technical review committee (TRC) meetings, Planning and Zoning Commission (Local Planning Agency) meetings, and Board of County Commissioners meetings to school board representatives. Additional supporting documents shall be provided by county planning staff to the school board upon request. Growth and Development: By June 1 of each year, Indian River County and the Cities of Fellsmere, Sebastian, and Vero Beach will provide the school board with information, accurate as of March 31, regarding the number of residential demolitions and the type, number, and location of residential units which have received zoning approval, site plan approval, building permit approval, or certificates of occupancy, plus any age restriction information. Information regarding the conversion or redevelopment of structures into residential units likely to generate new students will also be provided. Indian River County and the cities will also identify any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The actual students generated from new residential units will be used in the data and analysis for the annual update of the school board's Five-year Capital Facilities Plan. In using the information provided by Indian River County and the cities, the School Board and local governments will take into consideration the actual level of commitment the different types of approvals represent. When considering the development of, or redevelopment of, an area (eg. neighborhood planning, enterprise zones, community redevelopment areas (CRA)), the count5, and cities will notify the school board. These entities will provide the school board with a copy of draft plans and any plans completed prior to this Agreement that are currently in the approval, funding, and/or implementation stage. This shall include maps of Historic Districts, CRA's, and other special districts not readily identified on land use maps. Population Projections: On an annual basis at the first staff working group meeting described in subsection 2.1 of this Agreement, connnittee members shall review and connnent on the County's most recent population projections, their allocation into planning sectors, and conversion into projected student enrollment. All parties at the staff meeting will review the revised projections and variables utilized in making the projections. 4.5 Section 5.1 5.2 All parties to this Agreement agree that any School Facilities Element that in the future is adopted as part of the Comprehensive Plan of any jurisdiction in the county will be the same or consistent with this Agreement as adopted by the County, the cities, and School Board. 5. School Site Selection When the need for a new school is identified in the district facilities work program, the School Board shall notify the County Administrator, the County Planning Director, a potentially affected city's city manager or city mayor, and the staff working group in writing that it is looking for a school site in a particular location. The School Board staff will provide a list of all potential sites to the School Planning Technical Advisory Committee. The School Planning Technical Advisory Committee will meet to evaluate the need for the new school site and shall determine whether co-location oppornmities are present. The School Planning Technical Advisory Committee will also perform an initial evaluation of all potential sites identified by the School Board. The School Planning Technical Advisory Committee (SPTAC) shall meet and evaluate each of the proposed school sites. The SPTAC shall prepare an initial evaluation report for each potential school site, 5.3 5.4 5.5 addressing each site's locational criteria and impacts, as listed in 5.7 below, and shall submit initial evaluation reports to the School Board within 30 days of the receipt of the request fi.om the School Board. Through the SPTAC, Indian River County and appropriate cities shall advise the district School Board as to the consistency of any proposed new site with the applicable local comprehensive plan, including the appropriate process under which a district school board may request an amendment to the school siting policies of the applicable local comprehensive plan. Following the receipt of initial evaluation reports fi.om the School Planning Technical Advisory Committee, the School Board shall, within 60 days, narrow the sites down to three, and send the list of three sites to the SPTAC for a detailed impact evaluation. The School Planning Technical Advisory Committee, shall complete an Impact Assessment Statement (lAS) and prepare a detailed Economic Analysis (EA) for each of the short-listed school sites. The lAS shall incorporate the required Florida Statute 1013.193 review regarding consistency of proposed school sites with the applicable local government comprehensive plan. The Economic Analysis shall, at a minimum, identify, required on-site and off-site improvements, the costs associated with these improvements, and the entity responsible for the cost. 5.6 5.7 The School Planning Technical Advisou Committee (SPTAC) shall rank short listed sites and provide the IAS and EA reports and the ranking list to the school board. Using that information, the School Board shall make a final decision on site selection and may authorize acquisition of the selected site. The School Board shall notify the County and each affected City in writing when a site has been purchased. The following criteria will be considered by the School Planning Technical Advisory Committee, the school board, and the local government(s) when evaluating a potential school site: do Potential to accommodate the projected additional student population by expanding or rebuilding existing schools instead of building a new school. Consistency of the proposed site with any Court-ordered school desegregation mandate. Extent to which the proposed site provides a logical focal point for community activities and serves as the cornerstone for innovative urban design standards, including opportunities for shared use and co-location of community facilities. Extent to which an elementary or middle schools can be located internal to residential neighborhoods and discouraged from locating adjacent to major arterial roadways. Extent to which an elementary school can be located within reasonable walking distance of dwelling units served by the schools. Extent to which a high schools can be located on the periphery of residential neighborhoods, near thoroughfares so as to discourage traffic along residential streets in residential subdivisions. Extent to which the proposed school site is compatible with present and projected uses of adjacent property and capable of accommodating buffers necessary to shield adjacent residences fi.om school driveways, school drop-off and pick up areas, and school playgrounds. Extent to which the proposed school site encourages community redevelopment and revitalization, provides efficient use of existing infi.astructure, and discourages urban sprawl. Extent to which the proposed site's acquisition and development cost is affected by the proposed location. Extent to which the proposed school site provides safe access to residential neighborhoods by pedestrians and vehicles. 7 Extent to which the proposed school is served by adequate public facilities and services to support the school, or the extent to which adequate public facilities and services will be available, concurrent with the impacts of the school. Extent to which the proposed school site contains no significant environmental constraints that would preclude development of a public school on the site. Extent to which the proposed school will have no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as locally significant historic or archaeological resources. Extent to which the proposed school will be located on well drained soils which are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. Extent to which the proposed school site is not in conflict with local government stormwater management plans or watershed management plans. Extent to which the proposed school site is not within a floodway as delineated in the affected comprehensive plan. Extent to which the proposed school site is large enough to accommodate the required parking, circulation, and queuing of vehicles onsite. Extent to which the proposed school site lies outside the area regulated by Section 333.03, F.S., regarding the construction of public educational facilities in the vicinity of an airport. Extent to which the proposed school can serve as an emergency shelter by being built according to the appropriate standards and requirements that make it an appropriate emergency shelter. Extent to which the proposed school, if it is to be located in the unincorporated county, can meet the requirements of the county's Land Development Regulations Section 971.14(4) (Appendix "D"). 5.8 In conjunction with the school board approval for a new school site the school board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school, and will enter into a written Agreement as to the timing, location, and the party or parties responsible for constructing, operating, and maintaining the required improvements. Section 6. School Facility Modification 6.1 The School Board shall notify the SPTAC, Indian River County, and appropriate cities of any proposed closure or renovation of existing schools. 6.2 The SPTAC shall review any proposed school closure or renovation involving building expansion or changes to major site improvements for consistency with the local comprehensive plan. 6.3 In conjunction with the expansion or renovation of an existing school, the School Board and affected local government will enter into a written Agreement as to timing, location, and parties responsible for constructing, operating, and maintaining required on-site and off-site improvements necessary to support each school. Section 7.1 7. Comprehensive Plan Amendments, Re-zonings, and Development Approvals The County and each of the Cities will appoint a School Board representative, designated and approved by the School Board, to serve as a nonvoting member on their local planning agency. The School Board representative will be provided with an agenda, and invited to attend meetings and/or provide comments to the County and City planning agencies. 7.2 As described in Section 4.4 of this Agreement: the County and the Cities, agree to give the School Board notification of hearings for residential Comprehensive Plan amendments, residential rezoning requests, and residential development proposals (excluding 55 years and older projects) pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided pursuant to local notice procedures. This notice requirement applies to amendments to comprehensive plans, re-zonings, developments of regional impact, and other major residential or mixed-use development projects. 7.3 The School Board shall appoint a representative to serve on, or provide comments to, the County's Technical Review Committee (TRC). The School Board Representative will receive information packets in the same manner as other Technical Review Committee members. In addition, the School Board representative will be invited to participate in the Cities' development review committees when development and redevelopment proposals are submitted which could have a significant impact on student enrollment or school facilities. 7.4 After notification by the local government, the School Board Development Review Committee representative, typically within ten (10) working days, will advise the local government of the school enrollment impacts anticipated to result from proposed Comprehensive Plan amendments, rezoning requests, and development proposals. There shall be a determination of whether sufficient permanent school capacity exists, or is planned, to accommodate the impacts, based on the Five-year District Facilities Work Program. School capacity will be reported consistent with Department of Education criteria. 7.5 If sufficient school capacity is not available or planned to serve a development at the time of impact based on the Department of Education definition of adequate permanent capacity, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, local government, and developer shall collaborate to f'md means to ensure sufficient permanent capacity will exist to accommodate the development. These means may include: developer contributions, project phasing, and required facility improvements. School Concurrency is not the intent of this policy or this interlocal Agreement as a whole. 7.6 In reviewing and approving Comprehensive Plan amendments and development proposals, the county and cities will consider the following issues, as applicable: a. The compatibility of land uses adjacent to existing schools and reserved school sites. b. The co-location of parks, recreation and community facilities in conjunction with school sites. Co The linking of schools, parks, libraries, and other public facilities with bikeways, trails, and sidewalks. The targeting of community development improvements in older and distressed neighborhoods near schools. The development of traffic circulation plans to serve schools and the surrounding neighborhood, including any needed access improvements, sidewalks to schools, off-site signalization or safety- related signage. f. The location of school bus stops and turnarounds in new developments. The consideration of private sector action to identify and implement creative solutions to developing adequate school facilities in residential developments. h. The consideration of School Board comments on comprehensive plan amendments and other land- use decisions. 7.7 The availability of existing permanent school capacity or planned improvements to increase school capacity. In formulating neighborhood plans and programs and reviewing large residential projects, the county and the cities will consider the following: Encouraging developers or property owners to provide incentives to the School Board for building schools in their neighborhoods. These incentives may include, but not be limited to, donation of site(s), reservation or sale of school sites at pre-development prices, construction of new school facilities or renovation to existing school facilities, and provision of transportation alternatives. Scheduling county and city programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. c. Providing school sites and facilities within planned neighborhoods. Section 8.1 8.2 8.3 8. Educational Facilities Report and Five -Year District Facilities Work Program At least one year prior to preparation of the Educational Plant Survey update (as defined in Chapter 1013, Florida Statutes), the staff working group established in subsection 1.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of the update. The staff working group at one of its two annual meetings will evaluate and make recommendations regarding the location and need for new, or improvements to existing, educational facilities in terms of consistency with the local government comprehensive plan, and relevant portions of this Agreement. As described in Section 4.2 of this Agreement the School Board by November 1 st of each year will provide the proposed annual update of the five-year district facilities work program to each local government for review and comment. Each local government shall review the report for consistency with its local comprehensive plan. The School Board will provide adequate notification to local governments after placing the work program on the agenda. All affected local governments shall provide timely written comments to the School Board within 60 days following receipt of the proposed work program. Capacity Reporting: The School Board's five-year work program will identify how each project meets capacity issues. This work program will provide for expansions and new school facilities based upon projected population and student growth within areas of the county. When funding for capital expansion is not available, the school board will identify alternative solutions within the work program (eg. year round or split session schools sites) when necessary to meet the public school demand. Section 9.1 9.2 9. Co-location and Shared Use Co-location and shared use of facilities are important to both the School Board and local governments. When preparing its Educational Plant Survey, the School Board will look for opportunities to co-locate and share use of school facilities and civic facilities. Likewise, co-location and shared use opportunities shall be considered by the local governments when updating their comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, co-location and shared use of school and governmental facilities for health care and social services will be considered where applicable. For each instance of co-location and shared use, a separate Agreement, addressing legal liability, operating and maintenance costs, scheduling of use, facility supervision or any other issues that may arise bom co- location, will be developed. 10 Section 10.1 Section 11.1 11.2 10. Resolution of Disputes If the parties to this Agreement fail to resolve any conflicts related to issues covered in this document, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. 11. Oversight Process The staff working group shall be responsible for preparing an annual assessment report on the effectiveness of this Agreement. The report will be made available to the public and presented at the Elected Officials Oversight Committee meeting. The School Board, the County and each City shall appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal Agreement. Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 and shall receive copies of all reports and documents produced pursuant to this interlocal Agreement. The committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal Agreement is being implemented. Section 12. Amendment Process and Term of the Agreement 12.1 This Agreement may be amended by written consent of all parties to this Agreement. The Agreement will remain in effect in accordance with Florida Statutes. If the Florida statute as it pertains to school planning coordination is repealed, the Agreement may be terminated by written consent of all parties of this Agreement. Section 13. Execution in Counterparts 13.1 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one in the same instrument. Section 14. Effective Date 14.1 Effective date of this Agreement will be January 1, 2004. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Indian River County the Cities of Feilsmere, Sebastian, and Veto Beach, and the School Board of Indian River County on th,s ~l¢~- day of l!i~tjl¢ , 2003. ~tev~ M~hler~d Chaiman ~Witnes~sko all Si~ator~s/~ ATTES~~ Print Roger mating, Board Secr~ ~ ~ WitneSs as to ~Ji Signatories Print Name (CO~O~TE SEAL) State of Florida, County of Indian River WlTrNcESS my t)and/a~., d official seal this My Comm~ss~o¢[xp~re~. b 1" day of ~,[} ~ y A.D. 2003· (AFFIX NOTARY SEAL) Approved as to form and correctness: Russell Peterson, School Board Attorney 12 DULY PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THIS 13th DAY OF Say , 2003. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY j Kenneth R. Macht, Chairman BCe ^pl~roYecl' May 13, 2003 Approved as to form and correctness: ATTEST: ..~Q Jeffrey K. Barton, Clerk · ' . llins H, County Attorney Duly Passed and Adopted by the City Council of Fellsmere, Florida, this Day of ~-~ [-~t~, 2003. .FLORIDA ' May)r R;~ B,~91dr ~ Duly Passed and Adopted by the City Council of Sebastian, Florida, this Day of ,200~. CITY OF SEBASTIAN, FLORIDA Mayor Walter Barnes City Clerk Attest (Seal) Duly Passed and Adopted by the City Council of Vero Beach, Florida, this Day of ~" ' c~ D - , 2003. CITY OF VERO BEACH, FLORIDA Mayor Sandra Bowden Attest~Fr-F~Fl'~L~ J~-'). D~ City Clerk ( [ (Seal) APPENDIX "A" SCHOOL COORDINATION GROUPS/ACTIVITIES COMMITTEES SCHEDULED PURPOSE MEETINGS Staff Working Group Committee Elected Officials Oversight Committee (EOOC) School Planning Technical Advisory Committee (SPTAC) Citizen Oversight Committee (toe) Semi-annually (2na Friday in February and August of each year) Every year (2nd Friday in April of each year) Set direction, formulate recommendations, discuss issues, establish school planning sectors Set direction, discuss issues, reach understanding As Needed Annually Evaluate each potential school site and prepare an initial evaluation report to be submitted to the SSC Prepare an Impact Assessment Statement (IAS) and Economic Analysis (EA) for each short listed school site Evaluate and assess the effectiveness of the interlocal Agreement 14 APPENDIX "B" SCHOOL COORDINATION DUE DATES Due Date Activity 2"° Friday in February and Working group meetings to set direction, formulate August of each year recommendations, and discuss issues 2n° Friday in April of each IRC, cities, TCPRC and school board representative year workshop to set general direction and discuss issues November 1 of each year School board submits its educational facilities report (five- year work program) to the county and cities June ! of each year The county and cities provide site plan and building permit information regarding residential prqiects to school board APPENDIX "C" SCHOOL SITE SELECTION FLOW CHART School Board identifies need for a new school and provides a list of potential sites to the SPTAC. Within 30 Days School Planning Technical Advisory Committee (SPTAC) prepares initial evaluation report for each potential site, reviews sites for consistency with local comprehensive plans, submits reports to the School Board. Within 60 Days The School Board narrows the sites down to three (3) sites and submits short list of sites to SPTAC. SPTAC prepares Impact Assessment Statement (1AS) and Economic Analysis (EA) for short listed sites. SPTAC rank short listed sites and provide IAS, EA, and ranking to the school board The School Board officially approves the site and authorizes acquisition of the site 16 APPENDIX 'D' For Schools within the Unincorporated County INDIAN RIVER COUNTY LDR SECTION 971.14(4) Educational centers including schools, primary and secondary (not including business and vocational schools) (special exception). (a) Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CN, CL, CG. (b) Districts requiring special exception (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 ROSE-4 RMH-6 RMH-8 Con-1 Con-2 Con-3. (c) Additional information requirements: A site plan which denotes the location of al! existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; A description of the anticipated service area and projected enrollment shall be provided; 3. A copy of all requisite licenses from State of Florida. (d) Criteria for educational facilities: Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State of Florida; No main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway. No main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single-family area; The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining: a. Area to be developed by construction phase; Adequacy of site to accommodate anticipated facilities, enrollment, recreation area, off-street parking, and pedestrian and vehicular circulation on-site including loading, unloading and queuing of school bus traffic; c. Safety features of the development plan; No rooms within the school shall be regularly used for the housing of students when located in a single-family residential district; o The facilities shall have a Type "C" buffer in the A-i, A-2, A-3, RFD, RS- 1, RS-2, RS-3 and RS-6 districts; The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. The facilities shall have a Type "D" buffer in all other residential districts not listed in subsection 6 above. ao The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. F:\C~mmunityDeve~~pment\Users\V~CK~E\SAAN\f~rms\inter~~ca~agreement~sch~~~b~ard.d~c 18 Subject: COOPERATIVE AGREEMENT BETWEEN SEBASTIAN PD & ATF anager Agenda No. 0~ .3, it{/~ Department Origin: POLICE DEPT. General Services:/1 ~_--.~'Mo,~___..,,...,_ Finance Dept.: /~.~/.~ .~ff,~Z:/./ Date Submitted: June 30, 2003 For Agenda of: July 09, 2003 Exhibits: COOPERATIVE AGREEMENT #ATC03000250 EXPENDITURE REQUIRED: I AMOUNT BUDGETED: NONE ] NONE APPROPRIATION REQUIRED: NONE SUMMARY The Police Department is seeking financial assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives for a program known as G.R.E.A.T., ,an acronym for Gang Resistance Education And Training. This program is administered to middle school students by our School Resource Officers. Last year we had a very s~ccessful session and we are looking to have an expanded program this year. We are asking for $9,894.00 in Grant money to reimburse the City tbr expenses incurred. Them is no requirement tbr matching funds. RECOMMENDED ACTION Move for approval to allow the Police Department to enter into a cooperative agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives ibr the purpose of administering a G.R.E.A.T. program to middle school students. COOPERATIVE AGREEMENT NO. ATC03000250 BETWEEN Sebastian Police Department AND BUREAU OF ALCOHOL~ TOBACCO~ FIREARMS AND EXLOSIVES PURPOSE The purpose of this Cooperative Agreement (hereinafter "CA" or "Agreement") is to establish a legal relationship between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Sebastian Police Department, hereinafter collectively referred to as "the parties". This Agreement sets forth the responsibilities for the operation of the gang prevention program commonly referred to as the Gang Resistance Education And Training (G.R.E.A.T.) and related activities in the Sebastian Police Department. All terms and conditions herein are binding upon execution of the Agreement by both parties. PERIOD OF PERFORMANCE The period of performance begins January 16, 2003 and ends January 15, 2004. ATF intends to continue the legal relationship in the future in providing funds for the G.R.E.A.T. Program, subject to authorization and the availability of funds for the G.R.E.A.T. ?rogram. In addressing funding commitments for future years, there is no legal liability on the part of ATF, the Department of Justice, or the Federal Government under this Agreement to incur commitments unless ATF advises the Sebastian Police Department that funds will be provided to the Sebastian Police Department for the G.R.E.A.T. Program and related activities. The continuation of the Agreement in future years will be subject to a reapplication process by the Sebastian Police Department and compliance by the Sebastian Police Department with G.R.E.A.T. Program Policies and Procedures. In the case that the Sebastian Police Department does not comply with the G.R.E.A.T. Program Policies and Procedures, the funding may be withdrawn from the Sebastian Police Department by the ATF. COOPEP_ATIVE AGREEMENT NO. ATC03000250 SCOPE OF WORK In the Treasury, Postal Service and General Government Appropriation Bill for the Fiscal Year ending September 30, 2003, ATF was directed to continue operation of the G.R.E.A.T. Program, which originally started as PROJECT OUTREACH in the Fiscal Year 1992 appropriation. G.R.E.A.T. is a project that uses the skills of ATF, State and local law enforcement personnel, as well as individuals from community and civic groups, to develop a program that educates youth about the dangers associated with joining street gangs and engaging in youth violence. G.R.E.A.T. consists of three major phases: Phase 1 Phase II Phase III School-Based Education Summer Component Family Component COOPERATIVE AGREEMENT PLAN During the period of performance the G.R.E.A.T. Program will be implemented and continued as follows: A. RESPONSIBILITIES OF LAW ENFORCEMENT AGENCY NAME The Sebastian Police Department, will participate in the G.R.E.A.T. Program and related activities as specified below: (1) Phase I - The LAW ENFORCEMENT AGENCY NAME shall arrange with local area middle/junior high schools, to schedule 13 one period classes, (for those agencies whose officers have been re-certified in the new G.R.E.A.T. Curriculum. All others should be recertified in the new 13~week G.R.E.A.T. curriculum.) to instruct a minimum of enter amount (as indicated in the application for funding) students per year, on the dangers of gangs in accordance with the G.R.E.A.T. Program lesson plans. Classes will be taught in an appropriate education time slot as determined by local school officials. These classroom lessons are to be presented during the school year of the performance period of the Agreement as specified in Section 2 of this Agreement. The lessons will be taught to middle/junior high school students within the Sebastian Police Department's school system. The Sebastian Police Department is required to order graduation certificates from the G.R.E.A.T. Program Office for student participants of the program. Certificates are provided free of charge and should be ordered at least 8 weeks prior to graduation. COOPEP~ATIVE AGREEMENT NO. ATC03000250 Requests for certificates can be downloaded from www.atf, gov/great/train.htm and faxed to Janelle Scayles, at (202) 927-3180 or (202) 927-3182. The number of certificates ordered shall reflect the actual number of students enrolled in the program, as this information may affect future funding. PHASES II and 1/I OF G.R.E.A.T. The Sebastian Police Department shall submit an implementation plan for phases 1I and 1II by May 1, 2003 to your Regional Point of Contact. Implementation of Phases II and 1II must support Phase I of this Agreement and be in accordance with the following guidelines: Phase II The Sebastian Police Department will be required to coordinate summer education/recreation activities at sites selected by the cognizant police department.(See attached list.) Additionally, the Sebastian Police Department will attempt to match available existing community programs and resources with G.R.E.A.T. students and graduates. Phase III The Sebastian Police Department will institute the G,R.E.A.T. Families Curriculum to engage families as part of our community policing efforts to reduce crime and delinquency, promote family relations and provide resource information. The curriculum is for adults and children ages 8-14. G.R.E.A.T. Families minimum requirements for the staff, meeting space, and materials are listed below. Generally, by using schools, community centers, club training rooms, or church meeting spaces many of the items listed below may be available, along with chairs and tables, from the hosting organization. Ideally, costs associated with G.R.E.A.T. Families can be kept to a minimum by making use of existing resources from your department and your partners. Please review the list below in order to familiarize yourself with the resources and materials needed to conduct G.R.E.A.T. families. 2 COOPERATIVE AGREEMENT NO. ATC03000250 G.R.E.A.T. Families Minimum Resources: · STAFF: 1 G.R.E.A.T. lead facilitator, 2 co-facilitators (four 2-hour and one 3-hour sessions) · Computer lab* with computers for each family (two families can share a computer) · TV/VCR set up · Dry Erase board (Large) with markers and erasers · 2 flip charts with easels and markers · Name Tags · Main classroom to accommodate as many as 30, with breakout space for 15 people · Deck of playing cards · 12-12" lengths of ¼" nylon rope (clothesline) · Printed handouts (from curriculum) · Meals · Baby sitter *Needed for Session 5, Internet Safety class. Usually school libraries or media labs are available. A laptop/Power Point projector and screen can be used to present to entire class if a computer lab is NOT available. Under the terms of this Agreement, ATF will not reimburse the Sebastian Police Department for any expenses incurred after the end of the period of performance specified in Section 2. (3) The Sebastian Police Department agrees to provide an officer(s) part-time, to assist the G.R.E.A.T. Program as a Team Leader(s). The Sebastian Police Department agrees to allow an officer(s) to complete G.R.E.A.T. Officer Training, teach the G.R.E.A.T. curriculum, complete G.R.E.A.T. Management Leader training, and assist the National Training Team as a Team Leader. The Sebastian Police Department agrees to provide the services of said Team Leader(s) for G.R.E.A.T. training sessions during the period of performance of this Agreement at the rate of 2 weeks per 50,000 dollars of award. Amount of Award Required Weeks $50,000 t 2 COOPERATIVE AGREEMENT NO. ATC03000250 $100,000 4 $150.000 6 $200.000 8 $250.000 10 $300.000 12 $350.000 14 $400.000 16 Law Enforcement Agency Names that are in their first year of federal funding are excluded from the above requirement. However, it is suggested that the Sebastian Police Department designate an officer to complete team leader training. In the event funding becomes available for the following year, the Sebastian Police Department will be required to provide an officer(s) in accordance with paragraph 4 above. Agencies failing to fulfill this requirement during the Cooperative Agreement Period of Performance will be subject to a decrease in furore funding. (4) It is the responsibility of the Sebastian Police Department to plan, initiate and oversee the completion of the G.R.E.A.T. Program; to prepare semi-annual progress reports and quarterly requests for payments; to certify the accuracy of contractor and vendor billings; to ensure the cost efficient and timely completion of the project; and to immediately notify ATF, in writing, of any issues or problems, real or anticipated, which might affect the successful completion of the project within the time frame and funding established in the Agreement. (5) It is the responsibility of the Sebastian Police Department to ensure that Officer's regular and overtime salaries shall not exceed 70% of the total amount obligated under this Agreement. It is also the responsibility of the Sebastian Police Department to ensure that any funds requested for regular or overtime salaries be in support of the G.R.E.A.T. Program and related activities and must be for certified G.R.E.A.T. officers. Any exceptions must be approved by the G.R.E.A.T. Branch in advance of overtime. (6) Expenditures for equipment, furniture or other capital assets shall not exceed 20% of the total amount obligated under this Agreement. Agency will be be reimbursed, but only if prior written approval for the purchase is obtained from the RPOC. "Equipment means an article of non-expendable, tangible personal property having a 4 COOPERATIVE AGREEMENT NO. ATC03000250 useful life of more than one year. "Other Capital Assets" means buildings, land, and improvement to buildings or land that materially increase their value or useful life. Expenditure requests must be submitted in writing to the RPOC. The request shall include the item(s) to be purchased, quantity, per item cost, extended cost, useful life and a justification as to why such an expenditure is required and how it benefit the G.R.E.A.T. Program. The request must also include any previous purchases of the same or similar item. Total costs for equipment, furniture or other capital assets shall not exceed 20% of the total amount obligated under this Agreement. Up6n receiving written approval from the RPOC and once this equipment is purchased, the Sebastian Police Department must submit a list of this equipment and any applicable serial numbers to the RPOC for accountability purposes. (7) The Sebastian Police Department shall submit to the RPOC a semi-annual report within 45 days of the close of the second quarter. This report shall describe the programmatic and financial status of the project. The RPOC shall be advised of any significant programmatic or financial adjustments/modifications. A progress report format is provided in Attachment V. A final agreement report shall be submitted by the LOCAL GOVERNMENT within 90 days after the completion of the project. This final report will contain the date of completion, final costs, and a statement that the agreement is completed. Failure to submit the semi-annual progress report or the final agreement report may be interpreted as non-compliance with this Agreement and will affect future funding. B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT (1)(a) ATF has obligated, to Sebastian Police Department, $9,894.00 for the school-based education phase of the G.R.E.A.T. Program. Funds are provided to reimburse the LOCAL GOVERNMENT'S cost incurred as follows: Officers' time, regular and overtime, must be G.R.E.A.T. related and documented with a signature from an authorizing official for whom salary reimbursement is not being claimed. · Non G.R.E.A.T. certified officers time, regular and overtime who assist with the summer component and/or graduation activities. · Supervisor's time, regular and overtime who is responsible for day-to-day 5 COOPEP~ATIVE AGReeMENT NO. ATC03000250 operation of the G.R.E.A.T. Program. Clerical personnel's time, regular and overtime that is in direct relation to the G.R.E.A.T. Program. Total of all salaries cannot exceed 70% of the total cooperative agreement award. G.R.E.A.T. training expenses, such as instructional materials, workbooks, instructor fees, and guest speakers' fees; with prior approval from your RPOC. · Expenses incurred in connection with officers receiving G.R.E.A.T. officer training includes transportation, lodging and per diem in accordance with Federal Travel Regulation see www.gsa.gov. Officer's time (regular and overtime) will be paid during training. Overtime shall not exceed 10 hours per week during training. If your department receives over $50,000 in award you will receive a bill from the Federal Law Enforcement Training Center (FLETC) for costs incurred with providing this training. · Student Handbooks purchased from Sav-On Printing Administrative expenses, directly supporting G.R.E.A.T. activities, such as general office supplies, office space leases, not to exceed the term of the Agreement. · Vehicles may be leased to provide full time G.R.E.A.T. officer's transportation to and from school with prior approval from your RPOC. Lease term cannot exceed $600.00 per month~ per vehicle and cannot exceed the term of the Agreement. · Cellular phones may be purchased for use by the immediate supervisor responsible for day-to-day operations of the G.R.E.A.T. Program. · Food may be purchased for graduation ceremonies for the summer program. · Pagers can be purchased for the G.R.E.A.T. certified officers. Expenses for G.R.E.A.T. promotional materials such as pamphlets, bumper stickers, hats, T-shirts, buttons, pens and pencils from authorized vendors. COOPERATIVE AGREEMENT NO. ATC03000250 · Any items bearing the G.R.E.A.T. name or logo must be purchased from one of the following authorized vendors: Best Expression 21606 N. 3rd Ave. Phoenix, AZ 85027 800-654-0724 www. bestexpression.com Creative Impression 5305 E. 18th Street Vancouver, WA 98661 800-654-0724 Treadway Graphics 1401 Cannon Circle Fairbault, MN 55021 800-653-7063 www.treadwaygraphics.com Sav-on Printing 4520 N. 19th Ave. Phoenix, AZ 85015 602-242-2308 1 (800) 330-6110 Industries for the Blind, Inc. 3220 West. Vilet Street Milwaukee, WI 53208 414-933-4319 wwwifb.com Phoenix Police Museum 101 South Central Avenue Suite 100 Phoenix, AZ 85004 (602) 534-7278 www.phoenixpolicemuseum.com * Any expenditure in excess of $1,000, excluding those made from the authorized G.R.E.A.T. vendors above, must be pre-approved, in writing, by your RPOC. In addition, any expenditures for guest speakers, training, (other than G.R.E.A.T. Officer Training), or ceremonies must be pre- approved in writing by the RPOC. * Any expenditure in excess of $5,000 made from the G.R.E.A.T. vendors above, must be pre- approved, in writing, by the RPOC. (c) Reimbursements will be made only when a completed SF-270, Request for Advance or Reimbursement form, attachment I, is provided by the Law Enforcement Agency Name in accordance with the terms of this Agreement. (2) It is the responsibility of the RPOC or designee to monitor the project status, to review and certify interim and final payment requests submitted by the Sebastian Police Department and; to ensure that the funding limitations in paragraphs 4.A.5, 4.A.6, 4.B. 1 .A and 4.B. 1.D have not been exceeded. COOPERATIVE AGREEMENT NO. ATC03000250 C. THIRD/FOURTH GRADE SCHOOL-BASED EDUCATION PROGRAM In addition to the G.R.E.A.T. middle/junior high school component, the Sebastian Police Department may elect to teach a third or fourth grade G.R.E.A.T. component. The Sebastian Police Department shall arrange with local area elementary schools, to schedule four one-period sessions to instruct third or fourth grade students, on the dangers of gangs, in accordance with the G.R.E.A.T. Program lesson plans. Classes will be taught in an appropriate education time slot, as determined by local school officials. These classroom lessons are to be presented during the school year of the performance period of the Agreement as specified in Section 2 of this Agreement. The lessons will be taught to third or fourth grade students within the school system. Under the terms of this Agreement, ATF will not reimburse the Sebastian Police Department for any expenses incurred after the end of the period of performance. D. LIMITATIONS Other than the administrative costs expressly set out in paragraph B(1)(a), above, no administrative expenses or costs, whether direct or indirect, shall be reimbursed under this Agreement. FUNDING, PAYMENT AND SUBMISSION OF INVOICES A. ATF will obligate $$ for reimbursement under this Agreement. Requests for reimbursement for work completed will be made by the Sebastian Police Department on a SF-270, (Request for Advance or Reimbursement,) see attachment I, to the RPOC for review and certification. Payments will only be issued to the Sebastian Police Department, and not vendors or contractors. ATF will not provide funding in excess of the amount specified for each year the Agreement is in effect. The Sebastian Police Department accepts responsibility for all costs associated with the G.R.E.A.T. Program which exceed the level of funding ATF provides. B. Requests for Reimbursements shall be submitted by the Sebastian Police Department on a quarterly basis as follows: 8 COOPERATIVE AGREEMENT NO. ATC03000250 (1) Original SF-270, Request for Advance or Reimbursement form, along with receipts/invoices supporting reimbursement request to the RPOC. Requests for travel reimbursements must include the TRAVEL REIMBURSEMENT SHEET (Attachment II), along with receipts/invoices supporting the travel. Receipts for meals should not be included. The RPOC's address is as follows: Bureau of Alcohol, Tobacco, Firearms and Explosives ATTN: Coop Reimbursement Section P.O. Box 50418 Washington, DC 20091-0418 The Sebastian Police Department will provide ATF with whatever payment information is necessary to transfer funds through (electronic payment information, bank account numbers, etc.) to the Sebastian Police Department. C. Title 31 of the Code of Federal Regulations, Part 208, effective July 01, 1997, 'mandates that Federal payments under cooperative agreements be made via electronic funds transfer (.Waiver: Department of the Treasury check(s) will be issued ONLY when the Sebastian Police Department certifies in writing that the recipient does not have an account at a financial institution or authorized payment agent). (1) The following applies only to Direct Deposit payments: The Sebastian Police Department shall forward a completed SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form, attachment III with this signed Agreement. (a) The Agency Information is preprinted to issue payment from ATF. (b) The Payee/Company Information is to be completed by the Payee. The Taxpayer Identification Number (TIN) must be provided. The TIN is the Employer Identification Number. Notice of each Direct Deposit will be forwarded to the address listed. COOPERATIVE AGREeMeNT NO. ATC03000250 (c) The Financial Institution Information should be completed by the Payee's Financial Institution. (d) All payments will be made to checking or savings accounts, not lockboxes. (e) Financial Institutions must list their nine digit American Bankers Association (ABA) identifying number. This number is used for the routing of direct deposited funds. (Provide this 'number only if the receiving financial institution as access to the Federal Reserve Communications System). If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving financial institution receives electronic funds transfer messages. (2) Any changes to funding and payment information shall be furnished to ATF at the address in paragraph 15.B, in writing, at least 30 days before the effective date of the change. It is the LOCAL GOVERNMENT'S responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (3) All documents furnishing payee information from the agreement recipient must be dated and contain the signature, title, and telephone number of the agreement recipient official authorized to provide it, as well as the agreement recipient's name. D. The Sebastian Police Department certifies, by signing the SF-270 form, attachment I, that all requests for reimbursement submitted shall be supported by valid receipts/invoices which are in accordance with the project authorized in this Agreement. Copies of paid invoices shall be clearly marked with the appropriate Agreement number to which they are charged and maintained in the Agreement project file by the Sebastian Police Department. All such documentation shall be made available for review upon the request of ATF or any Federal audit agency. Funds specified and approved for G.R.E.A.T. shall not be transferred to another project or be used for any other purpose, unless authorized by a written modification to this Agreement signed by the Sebastian Police DepartmentE and the CAO or designee. E. The Sebastian Police Department certifies that no request for payment will be submitted for work, materials or services which have been previously funded by any other 10 COOPERATIVE AGREEMENT NO. ATC03000250 source. F. The Sebastian Police Department will maintain such books, records, documents and other records that will accurately document all costs relating to this Agreement in accordance with State laws and procedures for expending and accounting for its own funds. This documentation must be kept for a period of at least three years following the end of the Agreement's period of performance and final payment. All such documents will be subject to periodic on-site review as deemed necessary by ATF and any Federal audit agencies including any Contractor hired by the Federal Government to perform audit services. 6. INSPECTION/ACCEPTANCE Inspection and acceptance of all supplies and services under this agreement shall be accomplished by ATF's RPOC or someone otherwise designated by the CAO. 7. MODIFICATIONS A. The CAO may at any time, by written order, make changes within the general scope of this agreement in any one or more of the following: (1) Description of services to be performed. (2) Period of Performance B. Modifications that change any part of the agreement or the responsibilities of the Sebastian Police Department must be made by mutual agreement of both parties. Failure to agree to any modification shall be a dispute under the DISPUTES clause (Section 11) of this Agreement. However, nothing in this clause shall excuse the Sebastian Police Department from proceeding with the Agreement as changed. C. Notwithstanding the terms and conditions of paragraphs A and B above, the estimated cost of this Agreement shall not be increased or considered increased except by specific written modification of the agreement indicating the new agreement total. Until this modification is made, the Sebastian Police Department is not authorized to incur costs beyond those specified under Section 5.A of this Agreement. 11 COOPERATIVE AGREEMENT NO. ATC03000250 ASSURANCES This Agreement provides for Federal participation in an education and public awareness program to warn youth about the dangers of gangs. A Law Enforcement Agency receiving Federal funds under this Agreement is required to assure and certify that it will, as a condition of receiving the funds, comply with applicable Federal laws and regulations governing cooperative agreements. By acceptance of this Agreement the Sebastian Police Department assures and certifies that it will comply with the regulations in Attachment IV of this agreement, as well as other listed regulations, policies, guidelines, and requirements listed in the Agreement, including OMB Circular A-87-Cost Principles for State, Local and Indian Tribal Governments, A-102-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Law Enforcement Agency Names, and A-133- Audits of State and Law Enforcement Agency Names, as they relate to participation in the G.R.E.A.T. Program. In this Agreement, the term "Contractor" used in Attachment IV Clauses and Provisions refers to the "Sebastian Police Department." PUBLICATIONS AND NEWS RELEASES A. Definition. For the purpose of this clause, "publication" includes: (1) Any document containing information for public consumption; or, (2) The act of, or any act which may result in, disclosing information to the public. B. The results of this program are planned to be made available to the public through such means as the Director of ATF shall determine. C. Federal Government Ownership of Official Products of Work. All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under this agreement are considered Official Products of Work, owned by the Federal Government and held for the benefit of the public. Further, the Sebastian Police Department acknowledges that it will not acquire any rights in data or goodwill for any of the materials or products produced under this agreement. 12 COOPEP~T!VE AGREEMENT NO. ATC03000250 D. Independent and Special Products During the term of this Agreement, works authored, composed, or developed by the Sebastian Police Department and approved by the G.R.E.A.T. National Policy Board, including but not limited to brochures, curriculum, student handbooks, instructor manuals, newsletters, pamphlets, and other products developed to enhance the G.R.E.A.T. Program are considered to be Independent and Special Products. E. Publication of Official Products of Work Official Products of Work, quotations there from, paraphrasing, or disclosures of interim findings may not be published without the written approval of the RPOC for a period of 60 days after acceptance of the product by the RPOC. Thereafter, the Sebastian Police Department shall be free to publish without ATF approval. F. Acknowledgement and Disclaimer (1) All Official Products of Work, or any part thereof, developed through the use of funds provided for under this instrument, when published by the Sebastian Police Department or other participants in the work, shall contain the following acknowledgement and disclaimer: "The work that provided the basis for this publication was supported by funding under a Cooperative Agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government." (2) All Independent and Special Products, or any parts thereof, developed through the use of funds provided for under this instrument, when published by the Local Government or other participants in the work, shall contain the following acknowledgement and disclaimer: "The work that provided the basis for this publication was supported in part by funding under a cooperative agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives, which maintains its rights in this publication as set forth in 41 C.F.R.. 105-71.134. The author and publisher are solely responsible for the 13 COOPERATIVE AGREEMENT NO. ATC03000250 10. 11. accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government." G. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuance's containing news or information concerning this agreement that may be made by the Sebastian Police Department or its staff, or any subcontractor or other person or organization participating in the work of this Agreement shall be provided to the RPOC at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraphs (E) and (F) above. COLLECTION OF DATA Collection of information from ten or more persons and sponsored by ATF, shall be subject to 5 CFR 1320. A collection of information undertaken by a recipient of a Federal cooperative agreement is considered to be sponsored by ATF only under the following conditions: A. The recipient of a cooperative agreement is collecting information at the specific request of the agency; or The terms and conditions of the cooperative agreement require specific approval by the agency of the collection of information or the collection procedures. DISPUTES A. It is hereby agreed upon that this Agreement is subject to the Contract Disputes Act of 1987, as amended (41 U.S.C. 601-613). B. Except as provided in the Act, all disputes arising under or relating to this Agreement shall be resolved under this clause. C. "Claim," as used in this clause, means a written demand or written assertion by one of the agreement parties seeking, as matter of right, the payment of money in a sum certain, the adjustment or interpretation of the agreement terms, or other relief arising under or relating to this agreement. A claim arising under a cooperative agreement, unlike a claim relating to that agreement, is a claim that can be resolved under a cooperative agreement 14 clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Sebastian Police Department seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph D(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. D. (1). A claim by the Sebastian Police Department shall be made in writing and, unless otherwise stated in this Agreement, submitted within 3 years after accrual of the claim to the CAO for a written decision. A claim by the Government against the Sebastian Police Department shall be subject to a written decision by the CAO. (2). The Sebastian Police Department shall provide the certification specified in subparagraph D(4) of this clause, in writing, when submitting any claim. (a) Exceeding $100,000; or (b) Regardless of the amount claimed, when using. 1. Arbitration conducted pursuant to 5 U.S.C. 575-580; or 2. Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA). (3). The certification requirement does not apply to issues in controversy that have not been submitted as part of a claim. (4). The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the agreement adjustment for which the Sebastian Police Department believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Sebastian Police Department." (5). The certification may be executed by any person duly authorized to bind the Sebastian Police Department with respect to the claim. For Sebastian Police Department claims of $100,000 or less, the CAO must, if requested in writing by the Sebastian Police Department, render a decision within 60 days of the request. For Sebastian Police Department- certified claims over $100,000 the CAO must, within 60 days, decide the claim or notify the Sebastian Police Department of the date by which the decision will be made. Go The CAO's decision shall be final unless the LOCAL GOVERNMENT appeals or files a suit as provided in the Act. If the claim by the Sebastian Police Department is submitted to the CAO or a claim by the Government is presented to the Sebastian Police Department, the parties, by mutual consent, may agree to use ADR. If the Sebastian Police Department refuses an offer for alternative disputes resolution, the LOCAL GOVERNMENT shall inform the CAO, in writing, of the Sebastian Police Department'S specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph D (4) of this clause, and executed in accordance with subparagraph D(5) of this clause. The Government shall pay interest on the amount found due and unpaid from (1) the date that the CAO receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the CAO initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the CAO receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendancy of the claim. The Sebastian Police Department shall proceed diligently with performance of this Agreement, pending final resolution of any request for relief, claim appeal, or action arising under the contract, and comply with any decision of the CAO. 12. STOP WORK The CAO or his designee may issue, and the LOCAL GOVERNMENT will accept written order to hold or Stop Work on the G.R.E.A.T. Program funded under this Agreement for a period of up to 30 days. Such orders will be issued only for sufficient cause, such as reason to believe work is being performed outside of the terms of the Agreement, for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant laws or regulations. B. A Stop Work Order may be continued, cancelled or reissued as termination. C. The Sebastian Police Department is responsible for any costs incurred after the issuance of a Stop Work Order unless such work, material, equipment or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be cancelled. 13. TERMINATION A. The Government may terminate performance of work under this Agreement in whole, or in part, if the CAO determines that a termination is in the Government's interest. The CAO shall terminate by delivering to the Sebastian Police Department a Notice of Termination specifying the extent of termination and the effective date. (1) A~ter receipt of a Notice of Termination and except as directed by the CAO, the Sebastian Police Department shall immediately proceed with the following obligations: (a) Stop work as specified in the notice. (b) Place no further orders, except as necessary to complete the continued portion of the Agreement. (c) Terminate all applicable subcontracts and cancel or divert applicable commitments covering personal services that extend beyond the effective date of termination. Department interest. (d) Take any action that may be necessary for the protection and preservation of the property related to this Agreement that is in the possession of the Sebastian Police and in which the Government has or may acquire an (e) Within 60 days after the date of termination, the Sebastian Police Department shall submit a final report along with a final SF-270, Request for Advance or Reimbursement (ATTACHMENT I), to the RPOC B. This Agreement may be terminated in-full or in-part by the Sebastian Police Department at anytime prior to the completion of the Program listed in the Agreement. The LOCAL GOVERNMENT shall notify the CAO, in writing, prior to the proposed date of termination. 14. REPORTS A. The Sebastian Police Department shall submit to the RPOC a semi- annual report within 45 days of the close of the six-month period. This report shall describe the programmatic and financial status of the project. The RPOC shall be advised of any significant programmatic or financial adjustments/modifications. A progress report format is provided in Attachment V. 17 15. A. B. A final agreement report shall be submitted by the LOCAL GOVERNMENT within 90 days after the completion of the project. This final report will contain the date of completion, final costs, and a statement that the Agreement is completed. C. Failure to submit semi-annual progress report or the final agreement report may be interpreted as non-compliance with this Agreement. GOVERNMENT REPRESENTATIVES The Cooperative Agreement Officer (CAO) is the Chief or Deputy Chief, Acquisition and Property Management Division, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-8820. The Cooperative Agreement Administrator (CAA) is Sharon Illig, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-5702. The Regional Point of Contacts (RPOC) are Juanita Wright; Christine Keyser; Kimberly Guay and Brian Bates located at P.O. Box 50418, Washington, DC 20091-0418, phone number (202) 927-2160. 16. LIMITATION OF TECHNICAL DIRECTION FROM THE RPOC A. Performance of work under this Agreement shall be subject to the technical direction of the RPOC identified in paragraph 15.C. of this Agreement, or a designated representative. The term "technical direction" is defined to include, without limitation, direction to the Sebastian Police Department which directs or redirects the labor effort, shifts the work between work areas or locations, further defines tasks and otherwise serves to ensure that the tasks outlined in the Agreement are accomplished in a satisfactory manner. B. Technical direction must be within the scope of the agreement. The RPOC does not have the authority to, and may not, issue any technical direction which: (1) Constitutes a change of assignment or additional work outside the scope of work of the Agreement; (2) Constitutes a change in the Agreement that requires a modification as specified in Section 7 "Modifications." (3) In any manner cause an increase or decrease in the agreement price, or the time required for Agreement performance. 18 (4) Changes any of the terms, conditions or scope of work of the Agreement; or (5) Interferes with the Sebastian Police Department's right to perform under the terms and conditions of the Agreement. C. Technical directions may be oral or in writing, by RPOC or a designee with written delegated authority from the CAO. Oral directions shall be confirmed in writing within two working days of issuance. D. The Sebastian Police Department shall proceed promptly with the performance resulting from technical directions issued by the RPOC, or his designee. If in the opinion of the Sebastian Police Department, any instruction or direction of the RPOC, or his designee, falls within the purview defined in paragraph b. 1. through 5. above, the Sebastian Police Department shall immediately notify the CAO no later than the beginning of the next Government workday. E. Failure of the Sebastian Police Department and the CAO to agree that the technical directions are within the scope of the agreement shall be subject to the terms of the clause entitled Disputes in Section 11. 17. COOPERATIVE AGREEMENT OFFICER'S AUTHORITY The CAO is the only person authorized to approve modifications to this Agreement. This authority remains solely with the CAO. In the event the Sebastian Police Department affects any modifications at the direction of any person other than the CAO, the modifications will be considered to have been made without authority and no adjustment will be made to the Agreement. The CAO shall be the only individual authorized to accept non-conforming work, waive any requirement of the Agreement, and/or modify any term or condition of the Agreement. The CAO is the only individual who can legally obligate the Government to expend public funds. 18. Attachments I (SF-270 REQUEST FOR ADVANCE OR REIMBURSEMENT), II (Travel Reimbursement Sheet), 12I (ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM), IV (Additional Clauses and Provisions) and V (SEMI- ANNUAL COOPERATIVE AGREEMENT PROGRESS REPORT) are hereby incorporated to form an integral part of this Agreement. 19. FORMS The following standard forms, provided, must be completed and submitted with the Agreement: * SF-LLL Disclosure of Lobbying Activities; * SF-3881 ACH Vendor/Miscellaneous Payment Enrollment Form (ATTACHMENT llI); * SF-424A Budget Information - Non-Construction Programs (with instructions); * SF-424B Assurances - Non-Construction Programs; The following reimbursement forms, provided, must be completed and submitted with the ACH request for reimbursement: * SF-270 Request for Advance or Reimbursement (ATTACHMENT I) (make copies as needed) * Travel Reimbursement Sheet (ATTACHMENT ID(make copies as needed) Also complete and submit semi-annually, the form provided as attachment V - SEMI-  ~~ PROGRESS REPORT (make copies as needed). ENFORCEMENT AGENTCY ~AME S SIGNATURE Date PRINTED NAME AND TITLE ATF COOPERATIVE AGREEMENT OFFICER'S SIGNATURE Date 2O ATTACHMENT Additional Clauses and Provisions bo do e° The Sebastian Police Department possesses legal authority to apply for the cooperative agreement, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required (SF-424 attached). The Sebastian Police Department will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to execute this agreement. The Sebastian Police Department will comply with the provisions of the Hatch Act, which limits the political activity of employees. The Sebastian Police Department will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those that have family, businesses or other ties. The Sebastian Police Department will give the ATF or the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the cooperative agreement. The Sebastian Police Department will comply with 28 C.F.R., Part 66, Administrative Requirement for Grants and Cooperative agreements to state and Law Enforcement Agency Names concerning requirements of law, program requirements, and other administrative requirements. The regulations were published in Federal Register of 21 March 11, 1988 (pages 8034-8069). go The Sebastian Police Department will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of G.R.E.A.T. are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify ATF of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the Program is under consideration for listing by the EPA. The Sebastian Police Department will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to law enforcement employees of State and Law Enforcement Agency Names. i. Cooperation by a Cooperative Agreement Recipient As a Cooperative Agreement recipient you are expected to fully cooperate with G.R.E.A.T. Policy 108 "Administrative Disciplinary Policy and Procedures" copy attached. Failure to do so may result in the loss of funding. j. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DEVIATION - DEPARTMENT OF THE TREASURY, NOV 1990) (JUN 1997) (a) Definitions. "Agency," as used in this clause, means executive agency as defined in 2.101. "Covered Federal action," as used in this clause, means any of the following Federal actions: (a) The awarding of any Federal contract. (b) The making of any Federal grant. © The making of any Federal loan. (d) The entering into of any cooperative Agreement. (e) Tbe extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives. "Influencing or attempting to intluence," as used in tiffs clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in cotmecfion with any covered Federal action. "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a Governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency: (a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment. (b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code. © A special Government employee, as defined in section 202, title 18, United States Code. (d) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act; title 5, United States Code, appendix 2. "Person," as used in tlfis clause, means an individual corporation, company, association, authority, firm, parmer-ship, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian thbe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation," as used in this clause means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with normal compensation for such officer or employee for work that is not furmshed to, not funded by, or not rum/shed in cooperation with the Federal Government. "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with amount normally paid for such services in the private sector. "Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 workfi~g days within 1 year inanediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. 22 "State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and nmlti-State, regional, or interstate entity having governmental duties and powers. (b) Prohibitions. (1) Section 1352 of title 3 I, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated ftmds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in comaecfion with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to imquenee an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection a Federal contract, grant, loan, or cooperative agreement. (3) The pmhibitinns of the Act do not apply under the following conditions: (I) Agency and legislative liaison by own employees. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. (B) For purposes of subdivision Co)(3)(I)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. © The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action: (I) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities. (2) Technical discussions and other activities regarding the application or adaptation of the person's products or set,Aces for an agency's use. (D) The following agency and legislative liaison activities are pemaitted where they are prior to formal sohcitafion of any covered Federal action-- (1) Providing any information not specifically requested but necessary for an ageucy to make an informed decision about initiation of covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards fiom an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments. (E) Only those services expressly authorized by subdivision (b)(3)(I)(A) of this clause are permitted under this clause. (ii) Professional and teclmical services. (A) TM pmhibitiun on the use of appropriated fimds, in subparagraph (b)(1) of this clause, does not apply in the case of-- ( l ) A payment of reasonable compeusation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal; or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continustion, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered Directly in the preparation, subn~ission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (B) For pm'poses of subdivision (b)(3)(ii)(A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any pmfessiunal or technical discipline. The following examples are not intended to be all inclusive, to limit the application of the professional or tecl'utical exemption provided in the law, or to limit the exemption to licensed professionals. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the peribm~ance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or t¢clmical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her clienfs proposal, but generally advocate one pmpnsal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or subntissiou of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. © Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award incinde those required by law or regulation and any other requirements in the actual award documents. (D) Only those services expressly authorized by subdivisions (1o)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause. (E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iii) Selling activities by independent sales Representatives. The prohibition on the use of appropriated fimds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent Sales representatives, pmvided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (A) Discussing with an agency (including individual demonstrations) the qualifies and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; a (B) Teclmical discussions and other activities regarding the apptication or adaptation of the person's products or services for an agency's use. © Disclosure. (1) The Contractor who requests or receives fi-om an agency a Federal contract shall file with that agency a disclosure form, OMB standard roma LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits fi'om any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds. (2) The Contractor shall file a disclosure roma at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the infom~ation reported includes-- (I) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal or achon; or 23 (iii) A change in the officer(s), employee(s), or Members(s) contacted to influence or attempt to influence a covered Federal action. (3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by'any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. (4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. (d) agreement. The Contractor agrees not to make any payment prohibited by this clause. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevem the Government fi'om seeking any other remedy that may be applicable. (2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PmM d Y COVERE ) T SACTIONS 1996) Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in the covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to fum/sh a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later detemfined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may temfinate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the depamneut or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or bas become erroneous by mason of changed 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Defufitions and Coverage sections of the roles imptemenhiag Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaihing a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligthility and Voluntary Exclusion--Lower Tier Covered Transaction," provided by the department or agency into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification ora prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each pardcipant may, but is not required to, check the Nonprocuremant List (202-783-3238). 9. Nothing contained in the fomgning shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transaction authorized under paragraph 6 of these instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transact/on with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the departraent or agency may temfinate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and beliefi that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared hieligible, or voluntarily excluded fi.om covered transactions by any Federal department or agency; (b) Have not within a tlu-ee-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofmcords, making false statements, or receiving stolen property; © Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transaction (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in tiffs certification, such prospective participant shall attach an explanation to this proposal. 24 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Instructions for Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards tbe grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Dmg-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take actiou authorized raider the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. 4. For grantees who are individuals, Alternate II applies. 5. Workplaces m~der grants, for grantees otber than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drag-fi'ce workplace requ/rements. 6. Workplace identifications must include the actual address of building (or parts of buildings) or other sites where work under the grant takes place. Categorical descfiptions may be used (e.g., all vehicles of mass transit authority or State highway department while in operation, State employees in each local m~employment office, performers in concert halls or radio studios). 7. If the workplace identified to the agency changes during the performance oftbe grant, the grantee shall inlbm~ the agency of the change(s), if the previously identified the workplaces in question (see paragraph five). Definmons of terms m the Nonprocurement Suspension and Debarmunt common rule and Drug-Free Workplace common rule apply attention is called, in particular, to the following definitions from these rules: to this certification. Grantees' Controlled substance rueans a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 tlu'ough 1308.15); Conviction maans a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to detem~ine violations of the Federal or State criminal drug statutes; .Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the en~ployee ora grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (i/i) Temporary personnel and consultants wbo are directly engaged in the performauce of work under the grant and who are on the grantee's payroll This definition does not include workers not on the payroll of the grantee (e.g., vohmteers, even if used to meet a matclfing requirement; consultants or independent contractors not on the grantee's payroll; or employees ofsubrecipieuts or subcontractors in covered workplaces.) Certification Regarding Drug-Free Workplace Requirements Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drag-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace aud specifying the actions that will be taken against employees for violation of such pmhibition; (b) Establishing mi ongoing drug-flee awareness program to ilffom~ employees about-- (l) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upoo employees for drug abuse violations occurring in the workplace; © making it a requ/rement that each employee to be engaged in the performmme of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition ofemployrneut under the grant, the employee will-- (1) Abide by the terms of the statement; and (2) Notify the employer/a~ writing of his or her conviction for a violation of a criminal drug statute occumng in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (2) from an employee or otherwise ~receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification ntm~ber(s) of each affected grant; (f) Taking on of the following actions within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted-- (1) Taking appropriate persoralel actinn against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiting such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation nf paragraphs (a), Co), (c), (d), (e) and (O. B. The grantee may insert in the space provided below the site(s) for tbe performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check [ ] if there are workplaces on file that are not identified here. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; Co) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include tim identification number(s) of each affected grant. 25 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of uny Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds lxave been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee ora Member of Congress in connection ?itt this Federal contract, grant, loan, or cooperative agreement, the undersign shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contract under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Tbis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of tlfis certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. _Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Fom~-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statemnnt shall be subject to a civil penalty of not less than $10,000 and not more than $I00,000 for each such failure. MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Security Upgrades Agenda No. C) 5, I ~""~ Dept. Head: Finance: General Services: Date Submitted: 6/26/2003 For Agenda of: 7/09/03 Exhibits: (2) - Resolution R-03-29, FDOT Joint Participation Agreement (JPA) for Installation of Security Upgrades EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $ n/a APPROPRIATION REQUIRED: $ 400,000 SUMMARY Airport staff is pleased to announce that we have secured $400,000 from the Florida Department of Transportation (FDOT), Aviation Section, to increase security measures at Sebastian Municipal Airport. What's more important is that based on Florida Statute 322.007, this grant agreement requires n_g match from the Airport Enterprise Fund or any other city source. This statute, passed after September 11, 2001, allows FDOT to fund security projects at 100% until June 30, 2004. The purpose of this agreement, as evident in the title, is to implement security upgrades to Sebastian Municipal Airport. This includes the installation of security cameras, provisions to the upcoming administration facility, and possibly even an arrangement with other law enforcement agencies to provide on-site protection. These improvements will offer both our airport tenants and local residents the level of protection they deserve, while allotting the city greater control of the happenings at our airport. Staff will present specific recommendations for expenditures once we acquire the appropriate information and follow the established procedures. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-29, accepting the Joint Participation Agreement entitled "Install Security Upgrades" in the amount of $400,000 and appropriate same. RESOLUTION NO. R-03-29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR SECURITY UPGRADES AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for security upgrades at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 412373-1-94-01, entitled "Security Upgrades" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 03/03 Pa,qe I of 12 Financial Project No.: Fund: DS 412373-1-94-01 Function: 637 (~tem-segment-phase-sequence) Contract No.: Federal No.: Catalog of Federal Domestic Assistance Number: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000427008 Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.01) Purpose of Agreement: The purpose of this Agreement is Install Security Upgrades and as further described in Exhibit(s) A, B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 400,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 400,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding~,.,jf~o~ (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (is) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030-06 PUBLIC TRANSPORTATION 03/03 Pa.qe 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6,20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure .continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit Of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7,50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be cleady identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: in addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site' visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a pedod of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 725-O30-06 PUBUC TRANSPORTATION O3/O3 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffemonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. in determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Flodda Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Fiodda 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725-030-~ PUBLIC TRANSPORTATION O3/O3 Pa;le 5 of 12 7.71) Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. in the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, Distdct 4 Public Transporta§on Office 3400 W. Commercial Blvd. Ft. Lau ~ FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Flodda Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed cos~ 725-030-0~ PUBLIC TRANSPORTATION O3/O3 Pa.qe 6 of 12 8.30 Disallowed Cost~: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or se~ces received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any o,f the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the previsions of the Agreement. The termination or suspension shall be carded out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other matedai subject to the previsions of Chapter 119, Flodda Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractom to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency. shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to appreve or disapprove the //-emploxyment of the same. 725-030-06 PUBLIC TRANSPORTAllON O3/O3 Pa.qe 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation ACt. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because' of race, age, creed, color, sex or national odgin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, excePt contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725433O-O6 PUBLIC TRANSPORTATION O3/O3 Pa.qe 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract orthe proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any beneffi adsing therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the secudng of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the secudng of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. t4.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBLIC TRANSPORTATION O3/O3 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the pedod of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees wilt be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at tdal. 15.00 Plans and Specifications: In the event that this Agreement involves the pumhasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-030-O6 PUBLIC TRANSPORTATION 03/O3 Parle 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal orwdtten, 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 pdor to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than I year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 07/31/2005 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director Plannin.q and Production Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time pedod will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal apprepdated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee, of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 725-030-06 PUBLIC TRANSPORTATION O3/03 Pa.qe 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, pumhase order or contract specifies othep~vise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. tf a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the De~3artment. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services 'Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a pedod of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Financial Project No. Contract No. Agreement Date 725-030-06 PUBLIC TRANSPORTATION O3/O3 Page 12of12 412373-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT City of Sebastian AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION Director Planning and Production TFR_E Fin. Proj. No.: Contract No.: Agreement Date: 412373-1-94-01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Install Secudty Upgrades SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 412373-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $400,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) O.OO% $0 O.OO% $0 100.00% $400,000 $0 TOTAL PROJECT COST: $400,000 **Funding limits and activities provided in accordance with Senate Bill 48-B. (attached). Fin. Proj. No: 412373-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full rome and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the dghts and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient dghts and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit ~/x~ ~ Page ~ relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aimraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all. local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. $. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) 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) 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) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or othenvise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital 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 actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9, Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's pdodty system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: 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. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use dudng temporary pedods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 1'1. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive dght for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or othenvise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the dght to disapprove the Agency'S employment of specific 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. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Fumish the Department with such pedodic project and work activity reports as required. 3. Public Information: Make such matedal available for examination by the public. No matedal prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the matedal prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing 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. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. 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. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or dght therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and Joint Participation Agreement (JPA) Exhibit C Page 5 schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: V~/~th respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carded out by another unit of local govemment or are on property owned by a unit of local government other than the Agency, enter into an agreement with that govemment. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 FL LEO[$ 2OO i FLOR.ID~, :1001 ~wut~tth L~ glslatu r~, C.~r, © We~ Group 2001. All risht~ r~Jservcd, Additioua m'~ ~dio~ted by <<+ T~x~ +>>; deI~,ioos by Chapt~ 200I S.B. No. AND LANDTIqG FWLDS--NOLSE ,~NI) NOISE 30LLUTIOBT-ECONOMIC act relating to aiwpcrct~, amcmctin8 a. 332,007, F,S,; providing ~co~omio assi~mce to airports; providgng for noise ~e It Euec.t~d by' the Legislatare of~e Sta~u of Flod. da: S~:dou t. $~s~tiem ($) i~ ~dd~ ~o sectien 332.007, ~orida Statute.% to read; <<FL ST § 332.007>> 332.007. AdrnJnii~u.~ian aud.£~auclug of aviadoct ~d ah-poet pe~grams and projeet~; ~at~ pla~ <,,'*(8) N0U, vitl~,-mnd.k~g any other psovi$ion ufhw to ~e o~U'wy, '~e d~ani is ~d ma~tmm~ ~stmce m p~&~cly ovme~ p~blic-u~ ~, Such ~stm~ shaU proj~ ~ ~e c~t adopt~ w~k p~, ~ projca= added ~s~g ~u available bu~t of of $, 339. t3~(7). F~ ~o~ g ~ ~bs~o=, L%e ~t ~y ~d up to 100 +Aat ~ no~ ~ttd~ by ~e fede~ go~t Prior to r~l~ ~uy ~ u~r ~s sec~o~ ~e d~,~ shah chmg~ ~at it app~v~ ,~d. ~Ns ~b~ou. ~s s~tiou ~I ~p~ ~ Y~e 30= << FL ST § 332,13 ~' S~tion 2. [FNI] <<+-Nuy mut:ie, c. ut~)' airport authority cr~t,.~d a.~ au in~p~nd~mt ~p~ial dis~ct wkich is nabject to a d~v~toprr~mt-of-r~ion~t- irapact ~evelopmmut o~c~ ~d wN~h h~s ~du~t~ t noi~ smO ~ ~ordm~ ~i~ t4 C.F.~ P~ 1 ~0 shall, ~ fi~ y~ 2~2, ~b~sh a no~- ~tiBad~-~t ~ ~ ~ ~o~t of $7.~ ~, ~ch shall bc ~t~ by ~o~c~ {2.5 ~H~ ~ ~! ~ 2034. ~ae mun~s ~ ~ proj~t ~ sh~ ~ ~gat~ exp~d~ by ~= ~o~ att~oriW by De~b~ 31, 2~6, to ~e m~mt ne~s~ to c~y ~ develoym~t-ord~ ~o~m~ to acq~ pr~ ~m or o~,se ~figate ~up~ o~m~ a~v~ty ~t~ by ~e devel~m~ r~ou~ ~pac~ ~ mon~s ~ not ~d for ~=h p~o~ by D~m~ 3 t, 2~6. ~e ~ ~u~o~ ~h~i ucc ~ea&~ ~d its devet~m~-ot~t~o~-~pact ~el~m~t or~ or ~~ d~vel~m~t of ~c~c ~p~v~ au~ by ~uck &~i~t ~d~ m~ such ~d~ ~e ~y e~d fcc Sm:don 3, This act ~l~atl tak~ ct~=,:t upon b,~:oming a law. AFp~vcd by t]~ O~vmmcrr Novcmb~ I6, 2001, Cr~pr, ~ Wes*. 2002 No CI~hu to Orig. U,$. Govt.. Werk~ M UN iCI PAL Al RPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Infrastructure Development Agenda No. CQ3. i c~ ~ Department Orie[m--AirP~ort.5 Dept. Head: C ~~__~/' Finance: ~ ~i~,/,~, ~L,/ General Services: ~ ............ J~ Approved for Submitt~ by: .. Date Submiaed: 6/26/2003 T~~ For Agenda o f: 7/09/03 Exhibits: ~- Resolution R-03-30, FDOT Joint Participation Agreement (JPA) for Infrastructure Development EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $ 625,000 APPROPRIATION REQUIRED: $ n/a SUMMARY Airport staff is pleased to announce that we have secured $500,000 from the Florida Department of Transportation (FDOT), Aviation Section, to improve upon and add infrastructure to the east side of Sebastian Municipal Airport. This includes bringing water, sewer, electrical utility, and pavement to the site for the upcoming administration facility. Now that we are closer to reactivating Runway 9-27, it is imperative that we begin to build the infrastructure to support new development at the airport. Due to the anticipated construction of the Airport/Engineering/Public Works administration facility and the relocation of J&S Aviation, there is a need to construct the appropriate infrastructure to support both those and future development. This will also aid in the future relocation of the Public Works Compound and our City Garage, as they will also require these same utilities. The total of this grant agreement is $625,000, eighty percent of which is funded by FDOT ($500,000), and the remaining twenty percent ($125,000) will come from the Airport Enterprise Fund. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-30, accepting the Joint Participation Agreement entitled "Infrastructure Development" in the amount of $625,000. RESOLUTION NO. R-03-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO IMPROVE UPON AND ADD INFRASTRUCTURE TO THE EAST SIDE OF THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to improve upon and add infrastructure such as water, sewer, electrical utility, and pavement for the east side of the Sebastian Municipal Airport for the upcoming administration facility; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 407682-1-94-01, entitled "Infrastructure Development" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DS 407682-1-94-01 (item-segment-phase-sequence) Function: 637 Contract No.: Federal No.: Catalog of Federal Domestic Assistance Number: 725.030-06 PUBLIC TRANSPORTATION 03/03 Page 1 of 12 FLAIRApprop.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000427008 Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of FIodda, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Flodda Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Infrastructure Development and as further described in Exhibit(s) A, B, & C attached hereto and by this reference made a part hereof, hereinalter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed, 725,030-08 PUBLIC TRANSPORTATION O3/O3 Pa~e 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite, 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 625,000 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ .500,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding O is (~) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. $.00 Retainage: Retainage O is (~) is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030-06 PUBUC TRANSPORTATION 03/O3 Pa~e3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7,20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by propedy executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a propedy signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be cleady identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a pedod of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 725-O3O-O6 PUBUC TRANSPORTATION O3/O3 Page 4 of 12 7,61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. Financial Assistance (CSFA)title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Flodda Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Flodda Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including matedal noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725030-06 PUBLIC TRANSPORTATION 03/O3 Page5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, Distdct 4 Public Transportation Office 3400 W. Commercial Blvd. Ft. Lau , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereot) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Flodda Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.26 Default: The Agency has been determined by the Department to be in default under any of the previsions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs/"'--~ 725-030-06 PUBLIC 'tRANSPORTATION 03/O3 Page6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all prejects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attdbutable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services, performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carded out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other matedat subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in wdting by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the wdtten approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the dght to review the qualifications of any consultant or contractor and to approve or disapprove the yment of the same. 725~030-06 PUBLIC TRANSPORTATION 03/03 Page 7of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Flodda Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractom agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take ail necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national odgin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated dudng employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the previsions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of t964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-0~ PUBLIC TRANSPORTATION O3/O3 Pa.qe 8 of 12 t 3.S0 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years therealter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may wane the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carded out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. t4.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-08 PUBLIC TRANSPORTATION 03/03 Paqegof12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment dudng its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Agency, its agents, or employees, dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees dudng the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as descflbed in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any dght herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at tdal, that party is responsible for all expenses at tdal. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency wdtten approval with anyapproved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-030-06 PUBLIC TRANSPORTA'RON 03/03 Pa.qe 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18,00 Expiration of Agreement: The Agency agrees to complete the project on or before 7/31/05 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director Planning and Production . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this' project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 725-O30-06 PUBLIC TRANSPORTATION 03/O3 Page 11 of 12 21,20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured Eom the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.4PP(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided to the DePartment. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23,00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a pedod of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, Financial Project No. Contract No. Agreement Date 725-030-06 PUBLIC TRANSPORTATION 03J03 Pa.qe 12 of 12 407682-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT City of Sebastian AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION Director Planning and Production TITLE Fin. Proj. No.: 407682-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Infrastructure Development SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: Contract No.: Agreement Date: 407682-1-94-01 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $625,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Pdmary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 0.00% $0 20.00% $125,000 80.00% $500,000 TOTAL PROJECT COST: $625,000 Fin. Proj. No: 407682-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: it holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to depdve it of any of the dghts and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the wdtten approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding dghts or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient dghts and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will dear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit Page relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. S. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) 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) 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) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital 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 actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or offthe airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Avfation Administration's pdority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: 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. The Agency assures that it will not caUse or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use dudng temporary pedods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offedng services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive dght for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. t4. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate ~his Agreement. The Agency may request a one-year extension of this two-year time pedod. The Distdct Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project; that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific 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. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative orwith approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No matedal prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the matedal prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing 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. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does. not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Secudng written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint ParUcipation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., pdor to the completion of the project. b. 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. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or dght therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and Joint Participation Agreement (JPA) Exhibit C Page 5 schedules approved by the Department for the project. The Agency assures that it wilt allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local 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, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carded out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 MUl iCIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Maintenance Equipment, Purchase of Toolcat machine. Agenda No. Department Dept. Head: Finance: .... : General Service: ~rove,d. f. or~./~y: · - l'err~m~, C~)vdfaager Date Submitted: 6/26/2003 ~// /~f c~ ~ . For Agenda of: 7/09/03 ~ibit~ Resolution R-03-31, ~OT Joint Participation Agreement (~A) for Ma~tenance Equipment, quote from Bobcat EXPENDITURE REQUIRED: $ 45,048 AMOUNT BUDGETED: $ n/a APPROPRIATION REQUIRED: $ 45,048 SUMMARY Airport staff is pleased to announce that we have secured $32,000 from the Florida Department of Transportation (FDOT), AviatiOn Section, to purchase maintenance equipment. In developing our operational and capital budget for FY2003-2004, it was determined that the airport needed some additional equipment in order to efficiently maintain and make improvements to airport grounds. It was also becoming evident that we needed a small loader or sldd-steer to aid in the completion of capital projects, as there are many tasks that can be performed by staff, saving a great deal of time and money. Without the proper equipment, we must rely on the contractor's crews and equipment, which translates directly to change orders and increased costs. Based on these discoveries, staff began to budget for the acquisition of three pieces of equipment in the upcoming fiscal year: a skid-steer loader, a front deck mower, and a 4x4 utility cart. It was later discovered that Bobcat has developed a new machine that essentially combines all three of the above-mentioned tools. More importantly, the price of this machine is far less than the estimated cost of purchasing the other three. In addition, we were able to secure some unanticipated funding from FDOT to even further reduce our cost. Finally, based on the anticipated security improvements, it has been determined that with this machine, we can save a significant amount of money by doing a portion of the work ourselves (trenching and excavating), rather than having a contractor perform these tasks. Unfortunately, this would require purchasing tkis machine in this fiscal year instead of next. At first glance tltis may appear to be a negative, however staff recommends this action over paying a contractor to do work that can easily be done in-house. Initial estimates indicate that we can save over $60,000 by purchasing this machine now, and using it to trench conduit for electrical and fiber optic cable. This will also mean that no new equipment will be budgeted for in FY2003-2004, saving furore dollars. The total cost of this equipment is $45,048. Because FDOT had no plans on funding any equipment for Sebastian Municipal Airport, either this fiscal year or next, they were not able to provide a full eighty percent match. They were, however, able to fund $32,000 of the total cost, leaving $13,048 to come from airport revenues. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-31, accepting the Joint Participation Agreement entitled "Acquire Maintenance Equipment" and approve purchase of a Toolcat, with attachments, from Bobcat Company for $45,048.00~. RESOLUTION NO. R-03-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO ACQUIRE MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to assist with acquiring maintenance equipment for the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 415214-1-94-01, entitled "Acquisition of Maintenance Equipment". Section 2. CONFLICTS. All resolutions or pads of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Coun¢ilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Coun¢ilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney BobcaL One Tough An/ma/ Government Sales Department Facsimile Transmissio~ Bobcat Company- West Fargo Date: June 4, 2003 FAX TO: Name: Jason Moleski Company: C/tS, of Sebastian, FL Fax #: 772-589-6269 CC: Mark Baltes Gov't Accounl Manager Phone: 761~41-8755 Fax #: 701-250-7860 Total # of pages including cover: 3 MESSAGE: Re-quote for Toolcat 5600 and attachments. Thanks If you have adc~t~onal questions feel free m call THANK YOU.~ .r ~Qe~ oEly -or t,Se use of th~ .:-~.-~ . mxle ~-Sa~e may be nr~vi~ - -- reci~ienc, ....... =u rec!~lent, or ~he employer o; ~-~ ...... ~c~e. If T,~e reader of . - .... ~ uealver~; tc the iRt~ded co--unica=ion is neither intended nor ~erm~ss~le, If you have received ~i$ C~unica~ion in ~rror~ p!e=~e ~eCiateiy notify us b~' telephone ~ the abo~e n~er mhd return the original to us aC t~e above address via the U.S. Pomtal Bobcat Company P.O. box 6000, 250 E. BeaCon Drive Wes~ Ear,o, ND 58078-6000 USA GOVERNNE~T S~ES ~701-24i-87!9 _ F.~X ~701-280-7860 ~fN O~FICE # 701-241-8700 Bobcat,, One Tough An/rna/ Ship to City of Sebastian Arm: Jasou Moleski £ebastiaa, FL Phone: 772-$8I-0I 11 Fax: 772-559-6209 Product Quotation Quotation Number: MB-00245 Date: 06/04/2003 Bobcat Dealer Bobcat Company 250 East Beaten Drive PO Boz 6000 WestFargo ND 58078 Phone: 701-24 l- 8755 Fax:701-280-7860 Contact: Mark Baltes; Gert Sales Phone: 70 t-241-$ 755 Fax: 701-280-7860 E Ma/I: mark balte~(E~bobc~* -- Description Toolcat 5600 V2203-ED Kuboto diesel engine Adjustable ~uspen~ioa se. at (dr/vet) Adjustable cushion seat (passenger) All-Wheel Steer ' Automatically Activated Glow Plugs Aux I'Iydraulies: Variable Flow with dual direction detent Beverage Holders Bob:Tada Cruise Control Deluxe Operator Cab inehdes: * Znterior cab fcic, front: and rear wlndow~ accessory wire >harness, dome light and electrical power port ' (Ro~! Over Protection Structure-- REPS--Meets requirements of SAE- J1040 and ISO 347!. Fal2ing Objects Pr°tecr~ive Structure (FOPS)--meets requirements of SA~-J1043 and 34~9, Level 1 Differential Lock w'~gine Shutdown Sysr_~m Front Work Lights FamoLw~ In,smiled Cab Enclosm'e wkh Heater & AC Dea/ez lmtalled Attachment ConrroI Kit, %pin Radio Atmc~"aents t5C Aager Drh,e [3z~t -- Auger Mounth~g Frame. Loadem -- 12" Standard Duty Bit 84" Angle Broom 62" Dirt Bucket 72" Mower Pallet Fork Frame -- 48" Pallet Fork Teeth Part No Qty Price Ea. Total 6811300 1 $24,780,00 $24,780.00. Full-time four-wheel dr/ye l/y&au~c dump box Hydraulically coatrolledjoystick with Lift Arm/megrated float Instrumentation: * ~ourmeter ~ Job Hours ' Speedometer ~ Tachometer ~ Gauges and warning light~ Lif~ Arm Support Parking Brake Power Steering, with adjustable steering wheel Rear Receiver Hitch Seat Bet~s, rnree-point Spark Arrestor Muffler Suspensionr Front an~ Rear Tires: 27xi0.5-15 .[6 ply}, Lug Tread Toolcat Interlock Control System (TICS) Warranty: I year, un£imftted hours 6814911 ! $2,520.00 $2,520.00 6815260 1 ~229.00 $229.00 6902506 1 $420.00 $420.00 6809442 I $955.00 $955.00 6812980 I $185.00 $185.00 6666893 1 $329.00 ,$329.00 6905806 t $3,582.00 ~3,582.00 6734233 1 $389.00 $389.00 6734444 I $2,775.00 $2,775.00 671292'7 1 $248,00 I;248.00 6540182 ! $280.00 ~280.00 Tiller, 68" Rorm-y LT203 Tre~c~r 3 X4 Cup&Carbide Teeth, DS Pattern 6710547 6807062 6711719 Total of Items Quoted Freight Charges Sales total before taxes Quote Total - US dollars ~'N*otes: *DLA Federal Govemmeflt Contract #SPOSOO-O1-D.O086 (.~) *Terms: Nor 30 *Delivery: 4:5 Days o.r/ess ADO *FOB: Destmat/on _ 48 Coatiguous States & Washington, DC - *Orders must be placed w/th Bobcat Co:. PO Bo~. 6000, West Faa-go, ND 5807g $3,404.00 $1,702.00 $648.00 $3,404.00 $1,702.00 $648.00 $42,446.00 $2,602.00 $45,048.00 $45,048.00 M UN ICIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement change from Clear RWY 9-27 Safely Areas to Infrastructure Improvements bmittal by: ger Agenda No. Department Origin: Airport Dept. Head: Finance: General Services: Date Submitted: 6/26/2003 For Agenda of: 7/09/03 Exhibits: (2) - Resolution R-03-32, FDOT Joint Participation Agreement (JPA) for Obstruction Removal EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $187,500 APPROPRIATION REQUIRED: $ n/a SUMMARY In April of 2002, the City of Sebastian accepted a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section to clear the safety areas of Runway 9-27. This agreement was accepted prior to bidding the project and was entered into in the event that the anticipated Federal funding was insufficient to cover anticipated costs (namely the purchase of J&S Aviation). Since that time, we have negotiated and finalized the purchase of J&S Aviation, and have executed the contract to begin cleating of trees, brush, and buildings from the runway approaches. At this point, it appears that no additional funds will be needed to complete this phase of the project. On the other hand, we need additional funding to support the infrastructure work that needs to be done on the west side of the airport. Airport staff anticipated this to be the case (as well as the above matter) and is requesting to change the intended use and title of the above-listed JPA from "Clear Runway 9-27 Safety Areas" to "Infrastructure Improvements". This will not increase our net expenditures nor will it have any adverse impact on the Runway 9-27 project. It will however, allow us to continue the necessary infrastructure improvements to aid in developing the west side of the airport. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-32, changing the name and use of the Joint Participation Agreement entitled "Clear Runway 9-27 Sq£ety Areas" to "Infrastructure Improvements" and transfer funds accordingly. RESOLUTION NO. R-03-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT CHANGE FROM CLEARING RUNWAY 9/27 TO INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to clear the safety areas of Runway 9/27 which has been accounted for and additional infrastructure work has become necessary for the west side of the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 236232-1-94-01, changing the intended use of the remaining funding. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-03006 PUBLIC TRANSP ADMIN 07/01 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 236232-1-94-01 (Item-segment-phase-sequence) Contract No: Fund: DS Function: 837 Federal No: FLAIR Approp: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No: VF 596000427008 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, ~p~ i ~ L~}0~ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Flodda Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to Clear Runway 9/27 Safety Areas. and as further described in Exhibit(s) A B, C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. " FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit"A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to obsen/e, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 187,500.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 150,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4. t0 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (!=) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage~,.,~;o~ (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time dudng the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the secudty of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by propedy executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be cleady identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a pedod off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 4 of 12 The Agency agrees to allowthe Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Flodda Statutes, and applicable Rules of the Auditor General to the Department and to: State of Flodda Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee,, FIodda 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including matedal noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Flodda, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Flodda Statutes. 8.13 For real property acquired, submit; (1) (2) (3) the date the Agency acquired the real properb/, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. ~ FORM 725.-030-06 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carded out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have adsing out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other matedal subject to the provisions of Chapter 119, FIodda Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in whting by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the dght to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomeyshall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated dudng employment, without regard to their race, age, creed, color, sex, or national odgin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 725-030-06 PUBLIC TRANSP ADMIN 07~01 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with pdor approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors-to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit adsing therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the secudng of any applicable permits. The Agencywill be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Depa,b,ent Not Obligated to Third Parties: The Department shall not be obligated orliable hereunderto any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. t4.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. t4.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the pedod of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the · ~- Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the ,,,~u~ life of said facilities or equipment. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng 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 pdor to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (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. Section 339.135(6)(a), Flodda Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either- of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the pumhasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covedng the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. FORM 725-030-06 PUBLIC TRANSP ADMtN 07/01 Page 10 of 12 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod of more than one year, the provisions of Chapter 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng 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 pedods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before May 31, 2004 . If the Agency does not complete the project within this time pedod, this Agreement will expire unless an extension of the time pedod is requested by the Agency and granted in writing by the Distdct Secretary, District Four Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time pedod will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware, of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 12 of 12 Financial Project No. 236232-1-94-01 Contract No. ,~, t. ~B~ Agreement Date ~p~i ~ 2002 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY . ¢ City,of Sebastian TITLE: ("'- ¢ /-(~~8¢.' A,'Ff'EST: TITLE: (SEAL) FDOT COMPTROLLER FUNDING APPROVAL DATE: ,-[-~4- o ~ DEPARTMENT OF TRANSPORTATION ~B--~IST~RETARY OR DIRECTOR OF PLANNING & PROGRAMS TITLE: /0~,¢~.~.~ /0~¢ k~~--. Fin. Proj. No.: 236232-1-94-01 Contract No.: ~, L ~,,~ Agreement Date: ~p~ j 5 2.002 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Clear Runway 9/27 Safety Areas SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. TOTAL PROJECT COST: $187,500 II. PARTICIPATION: Federal PartidpalJo~: FAA, FTA, UMTA, etc. Agercy Partidpation: In-Kind Cash Maximum Depadrnent Parfidpation: Primary (DS) (DDR) (DIM) (PORT) Federal Rein-bursable (DL0 (FRA) (DFTA) Local Reimbursable (DL) $150,000 III. TOTt~L PROJECI' COST: $187,500 Exhibit C Page 1 of 2 Fin. Proj. No.: 236232-1-94-01 Contract No.: Agreement Date:~7~ EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITTAL/CERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Agency Attorney's Certification Engineer Certification** Construction/Procurement Safety Compliance Release for Notice to Proceed Annual Audit Reports Completion Per Specifications Plans, Specifications, Engineering Report One (1) Full Size set and (1) 1 lx17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification ** Cdteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proj. No.: 236232-1-94-01 Contract No.: ~ Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. FP No.: 236232-1-94-01 Contract No.: AL.~ Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. GENERAL These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. bo Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: ao It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient dghts and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. so It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. It will make its airport available as an airport for public use on fair and reasonable terms. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical serviCes to the public. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor 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 improvements thereon. City of Sebastian, Florida Subject: Waive formal bidding procedure and purchase signs for George St. and Filbert St. Parks Approved for~ubmittai by: rrenc.e M.ob)~-~;-~ itwM an ag e r r';x or EXPENDITURE REQUIRED: $5,184.00 Agenda No. 0.~. / ~' 0 Dept. Head: Finance: Procurement: Date Submitted: June 27, 2003 For Agenda of: July 9, 2003 BUDGET AVAILABLE: $5,200.00 APPROPRIATION REQUIRED: None Backflround Curt Oxford Woodcarver, Inc. has manufactured all signs with the City logo that the City has purchased for the past five years. City staff has been very pleased with all the signs Mr. Oxford has carved. His work is very detailed oriented and looks outstanding when completed. Staff wishes to continue with these style signs for all new signs that we purchase. Mr. Oxford has quoted us a price of $5,184.00 ($2,592.00 each) for two signs. These signs are for the George St. and Filbert St. Parks. SUMMARY Move to waive the formal bidding procedure and purchase two signs from Curt Oxford Woodcarver, Inc. for a total $5,184.00. $11'MINO/E FORM 5B6 PROPOSAL CURT OXFORD WOODCARVER, INC. 634 HIGH STREET SEBASTIAN, FL 32958 (772) 589-0040 Page No. of. Pages NAME: STREET: PROPOSAL SUBMITTED TO: CITY: JOB NAME: STREET: CITY: ISTATE: We hereby submit specifications and estimates for: We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for. lhe sum of: ~ ~...~ ~_ ~~ ~F/~l~s ($ ~"" 8 ~* ~0 )with paymenl to be made., foUows: All material is guaranteed Io be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon wrilten orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal subiect to attar,fence within ~O days and is void ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature Signature HO~ 0~' P~CAN l$~.qD Subject: Community Center Doors Approved for ~ubmittal by: ~r~~Ianager Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $15,946 City of Sebastian, Florida Agenda No. 0~). i ~'/ Department ~r!~ ~g~n,.~l~ublic ~Works~- Dept. Head: ~/~/~~ Finance: General Services: Date Submitted: 07/01/03 For Agenda of: 07/09/03 BUDGET REMAINING: $17,276.29 APPROPRIATION REQUIRED: SUMMARY The Community Center Renovation Project plans call for moving the handicap access entrance and also for moving the doors on the north side of the building as well as the replacement of the existing North, South and Main Entrance doors with new impact and hurricane resistant doors. In accordance with the City Ordinance and in coordination with the Public Works Department, the Purchasing Division solicited Sealed Bid Proposals to furnish, deliver and install new entrance doors. Central Window submitted the lowest bid proposal $ 15,946.00 (see attached Bid Tabulation Form). The Public Works Department in conjunction with Purchasing investigated prior projects performed by the Contractor involving the same type of doors and the findings checked out good. ~RECOMMENDATION Move to award a contract to Central Window in the amount of $15,946.00 to furnish, deliver and install new entrance doors at the Community Center and authorize Staff to execute an agreement for same. BID TABULATION FORM ENTRANCE DOORS for COMMUNITY CENTER Bid Opening: June 13, 2003, 2:00 PM DESCRIPTION FURNISH, DELIVER AND INSTALL ENTRANCE DOORS SYSTEMS DELIVERY LEAD TIME CENTRAL WINDOW I [VERO BEACH, FL VERO GLASS & MIRROR VERO BEACH, FL 16,775 6 WEEKS Purchasing S£B q STIAN HOME OF PELICAN 15LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Amending the Fiscal Year 2003- 2004 Budget Calendar ~ ,~'~t~tal"l~Y: City Manager Agenda .o. 0~. 0 ~ Department Origin: Finance Date Submitted: 6/30/03 For Agenda of: 7/9/03 Exhibits: Fiscal Year 2003- 2004 Budget Calendar Expenditure Required: Amount Budgeted: N/A N/A Appropriation Required: N/A SUMMARY STATEMENT During the course of each budget year, the City Council approves a budget calendar, which sets the dates when certain actions will be accomplished for purposes of complying with the reporting requirements as well as, complying with the timing of adoption of the budget in conjunction with the other taxing authorities in the County. Staff has revised the fiscal year 2003-2004 budget calendar for your review. As expected, there were changes to the County's meeting schedule. More importantly, staff has scheduled budget workshops on Wednesday opposite to the normal council meeting nights in August, however, staff had to reschedule the September 10, 2003, 1st Public Hearing to September 11, 2003, as a result of scheduling conflicts with the County. RECOMMENDED ACTION Approve the revised fiscal year 2003-2004 budget calendar. ]CITY OF SEBASTIAN, FLORIDA 2003/2004 PROPOSED BUDGE FISCAL YEAR 2003-2004 BUDGET CALENDAR DATE 2/13/2003 4/11/2003 4/14/03-4/18/03 4/23/2003 4/24/03 - 5/9/03 4/28/2003 6/9/03 - 6/13/03 6/2/2003 6/27/2003 7/10/2003 7/24/2003 8/14/2003 7/31/2003 8/1/2003 8/20/2003 9/9/2003 9/10/2003 9/11/2003 9/17/2003 9/24/2003 DAY Thursday Friday Monday thru Friday Wednesday Thursday thru Friday Monday Monday thru Friday Monday Friday Thursday Thursday Thursday Thursday Friday Wednesday Tuesday Tuesday Thursday Tuesday Wednesday EVENT City Manager's Budget Workshop with City Departments Fiscal Year 2004 Proposed Budgets to Finance for Compilation Finance Compiles Budgets City Council approves Budget Calendar Finance Director to meet with Departments - go over programs, preliminary budgets, goals, objectives, etc. Capital Improvement Program Meeting with Departments. City Manager Fiscal Year 2004 Proposed Budget Meetings with Departments and Divisions Estimate of Property Value to be received from Property Appraiser City Manager's Recommended Budget to be compiled and mailed to Budget Advisory Committee members with supporting documentation. Budget Advisory Committee meeting Budget Advisory Committee meeting Budget Advisory Committee meeting, if necessary iST READING OF SCHOOL BOARD BUDGET @ 7:00p.m. Fiscal Year 2004 Proposed Budgets to City Council Council Budget Workshop @ 6:00 p.m. FINAL ADOPTION OF SCHOOL BOARD BUDGET @ 5:30p.m. COUNTY 1ST READING OF COUNTY BUDGET @ 5:01 p.m. 1st Public Hearing of City Budget - Adopt Preliminary Millage Rate @ 7:00 COUNTY ADOPTION OF BUDGET & MILLAGE RATES @ 5:01 p.m. Final Public Hearing of City Budget - Adopt Final Millage Rate and Budget Resolution @ 7:00 p.m. 137 City of Sebastian, Florida Subject: Public Hearing for Resolution No. R-03-28, preliminary development plan for a proposed 72-acre planned unit development situated at the intersection of CR 510 and CR 512, and known as Sebastian River Landings. Approved for Submittal by: Agenda No. 0;'3. 0 q5 Department Origin_: ,9{owth Management Tracy E. Hass ~ Date Submitted: July 1, 2003 For Agenda of: July 9, 2003 Exhibits: Resolution No. R-03-28, Application, Preliminary Plan, Location Map, Staff Report and P&Z recommendation. EXPENDITUR~ AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None' REQUIRED: None SUMMARY The proposed Sebastian River Landings PUD is proposed for a 72.45 acre parcel of land that is currently an abandoned citrus grove lying immediately west of the St. Sebastian River along County Roads 510 & 512. The recently annexed parcel is currently zoned PUD-R with a Low Density (LD) residential land use classification. The Sebastian River Landings proposal includes a total of 209 single-family units on 67.31 acres. Therefore, proposed density will be 3.10 units/acre for the residential portion. Additionally, the proposed preliminary development plan incorporates a unique subdivision layout, unlike the more traditional communities in Sebastian. However, the design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a large preservation tract along the entire east side of the project lying adjacent to the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a primary access point along CR 510 with a secondary access located along CR 512. In addition to single-family homes, a small commercial node of approximately 5 acres in size is proposed along the CR 510 fi-ontage. The commercial tract is consistent with existing commercial development immediately north along the CR 510 and CR 512 intersection. Accordingly the commercial area was rezoned to Commercial Limited (CL) thus permitting neighborhood commercial uses as intended by the developer. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on June 05, 2003 Move to adopt Resolution No. R-03-28. RECOMMENDED ACTION RESOLUTION NO. R-03-28 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sebastian River Landings, L.L.C., has filed an application for approval of a preliminary plat and preliminary development plan for a Planned Unit Development known as Sebastian River Landings; and WHEREAS, said development plan and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for Sebastian River Landings prepared by Mosby & Associates, Inc., dated July 2002 and last revised April 14, 2003, as maintained on file with the City Growth Management Department. Section 2. CONFLICT. AIl resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember __ The motion was seconded by Councilmember __ and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of July, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 84/13/2083 28;15 7727783617 HOSBY ASSOC PAGE City of Sebastian Permit Application No, Development Order Application ~written authorization ~ from owner is re~ Name: Ad~Jress: SEBASTIAN RIVER LANDINGS,LLC 1688 W, HIBISCUS BLVD. ~953-3300 E-Mail: ~dlfferent from~ Name: MELBOURNE, FL 32901 ~ber:~ 984-2890 Address: E-Ma/I: ermit or action requested: Jrax Number: L_~ PUD - PRELIMINARY DEVELOPMENT PLAN PLEASE COMPLETE ONLy THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'FTACHED AND 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A'FrACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. s Name (if applicable): SEBASTIAN RIVER LANDINGS ~ormatton Address: ~ SE CORNER OF CR512 & CR510 Lot: Block: Unit: Subdivision: SEE LEGAL DESCRIPTION /~dian River County Parcel # · 23'31-38-00000-S000.00005.0, 5.1, 5.2 Zoning Classification: Future Land Use: -- PUD-R Existing Use: / J~J~ RESIDENTIAL Proposed Use: VACANT RESIDENTIAL ~ activity and purpose of the requested permit or action (attach extra sheets if necessary): PRELIMINARy PLAT APPROVAL FOR TIlE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT, ~,.~2 '__ Paae 1 of 3 A~proved: 08-27-9~ ~pment Application _]File Name: DOA 84/13/2003 20:15 7727783817 MOSBY ASSOC PAGE 88 ~Per~on nel:------- ~IA, P,E. Name: MOSBy & ASSOCIATES, INC. Address: 2455 14TH AVENUE _Phone Number: (772)56~ E-___Mail: ' -- Attor_.___aey: N/A Name: VERO BEACH, FL 32960 IFax N---~'~mber:. (772)778-36'/7 Address; P~hone Number: .~.~ E-Mail: ~RUCE ~ Name: -- ~ MOSBY & ASSOCIATES,/NC. Address: __ 2458 14TH AVENUE VE BEACH F ~~oer: 772 569~ IFax~ ~ ..~7~" . ~: (772~778-3617 ama; ~ WILLIAM MO~ ~ND SURVEYING, INC. ~ ..... ~275 S. PATRICK DRIVE. SUITE ~- H _ SATELLITE BCH., FL 32937 I,MR, TIMOTHY JELUS, BEING FURST ~ THE LEGAL REP_ DUPLY SWORN OEP APPLICA~.~k'i~'~'~'~,~]c~H.A.T. ._ALL TNE INFORMATION ,,A~, :::%re'BED WHICH IS THE SUBJ~ ..... %_~ ~M Signat~ ~ Sworn to and subscribed before me by ~ C' ~ as ~dent~cat~on, this I~ ~, u~ed ~ 84 lo, 2003 20:15 77277835i7 NOSEY ASSOC PAGE The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, Conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, , THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSiON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION CT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OFcSEBAS..T-~N' Who is p_.~rsonally known to m~r. Or producec -- ~/ as identification, this ~day of _--~~, Fi' I ~-'~-200 ...... NAME OF NOTARY ~ ~ 1~ uuMMISSION NO./EXPIRATION- ~',-AOY' HA~ F SEAL: '-%'~? ~ ti ' ria. .,'~v comm. exp. June 11, 2006 Comm. N0. DD 124556 ~_~ of 3 ~ ...... ~-L/-U~evisiot~: --- [D-~opment Application File N ame.-~-OA Supplemental Information Planned Unit Development Preliminary Development Plan (Plat) Permit Application No X __ 1. Describe how the proposed preliminary development plan is consistent with subdivision regulat!ons. LOT SIZE AND DENSITY IS CONSISTENT WITH LOW DENSITY RESIDENTIAL DEVELOPMENT REGULATIONS. X ~2. Explain how the proposed preliminary development plan is in conformance with the zoning regulations: DENSITY AND OPEN SPACE REQUIREMENTS HAVE BEEN MET. X 3. Attached the following: X A. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X B. A vicinity map. X C. A map(s) of existing conditions including existing easements, streets, buildings, land uses, historical sites, tree groupings, wetlands, water courses, contours, the names of the property owners and existing land uses and zoning for all contiguous property, and the location and width of all existing or platted streets, easements, drainage ways and utiities contiguous to the property. X D. A development plan including: 1. plat, 2. general appreance of proposed structures, excluding single family detached dwellings, 3. dedication or reservation of lands for public use, 4. vehicular, pedestrian and bicycle circulation and parking, 5. open space and landscape plan, and 6. information concerning adjacent lands including existing land use, zoning, circulation system, density, public faciities, and unique natural features. X E. Quantitative data including: Page 1 Permit Application No, 1. total number of dwelling units by type, 2. total parcel size, 3. proposed lot or building site coverage by building and structure, 4. proposed lot or building coverage by impervious surfaces, other than building and structures, 5. gross and net residential density, 6. proposed amount of open space, 7. proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated to for public facilities. X F. A development schedule. X X G. An updated environmental impact statement. H. An updated public facility impact statement. X 4. The following information is required on all preliminary plats: X A. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the city. X B. A north arrow, graphic scale, and date of preparation. X C. The name off adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. X The names, alignment, and width of all existing and proposed streets, alleys, rights-of-way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of-way width, street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. X E. All existing and proposed property lines, easements and rights-of-way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks. X F. Access points to collector and arterial street showing their compliance to access requirements. X G. All existing drainage facilities. Page 2 Permit Application No. X X X X __ H. Existing and proposed utiities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement that all utiities are available and have been corrdinated with the required utilities. 1. Site for proposed parks, recreational areas and schools. ~J. The location of any temporary structures or permanent structures having a temporary use. K. If the proposed plat borders upon any public water bodies, delineate the mean high waterline. X L. Permanent reference makers shall be shown. X 5. Attached the following: X A. X B. Six copies of the preliminary plat (Two sets must be sealed.) The name, address and telephone number of the mortgage holder or any other person having legal equitable or beneficial interest in the atnd together with a statement from such that they will joint in the dedication of the proposed subdivision. X C. A surface-water drainage faciities plan certified by an engineer registerd in the State of Florida. X D. A land survey with complete legal description prepared and cretified by a registered surveyor. X E. A traffic impact analysis, if required X F. An erosion/sedimentation control plan X G. A contour map showing ground elevations at intervals of not more that one foot of the area to be ssubdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (t 5) feet in width around the area. X H. A statement concerning required potable water improvements, wastewater improvements or on-site wastewater disposal data. N/A I. A schedule for multiple phases, if appropriate. HOME O~ ?[13CAN ISL&ND Growth Management Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report Project Name: Sebastian River Landings Requested Action: Preliminary Development Plan Approval Project Location a. Address: b. Legal: See preliminary plat Co Indian River County Parcel Number: 23-31-38-00000-5000-00005.0 23-31-38-00000-5000-00005.1 23-31-38-00000-5000-00005.2 Project Owner: Sebastian River Landings, LLC 1688 W. Hibiscus Blvd. Melbourne, Florida 322901 (321) 953-3300 fax: 321- 984-2890 Project Agent: Randy L. Mosby, P.E. 245514thAvenue Vero Beach, Florida 32960 772-569-0035 fax:772-778-3617 Project Engineer: Same as Agent Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 Project Description Narrative of proposed action: The Sebastian River Landings PUD is slated for construction on a 72.45-acre parcel of land lying immediately west of the St. Sebastian River along County Roads 510 & 512. The property is currently an abandoned citrus grove, and was recently annexed with a PUD-R zoning and Low Density (LD) residential land use = classification. The Sebastian River Landings proposal includes a total of 209 single-family units on 67.31 acres. Therefore, proposed density will be 3.10 units/acre for the residential portion. Additionally, the proposed preliminary development plan incorporates a unique subdivision layout, unlike the more traditional communities found in Sebastian. However, the design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a large preservation tract along the entire east side of the project lying adjacent to the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a primary access point along CR 510 with a secondary access located along CR 512. In addition to single-family homes, a small commercial node of approximately 5 acres in size is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north along the CR 510 and CR 512 intersection. Accordingly the commercial area was rezoned to Commercial Limited (CL), thus permitting neighborhood commercial uses as intended by the developer. b. Current Zoning: PUD-R c. Site Characteristics (1) Total Acreage: 72.45 acres (2) Current Land Use(s): Citrus Grove (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park - ¼ mile (9) Police/Fire: Sebastian Police - 4 miles Indian River Fire - 2 miles Preliminary Development Plan criteria Compliance with subdivision regulations, yes 2 b. yes 10. Compliance with zoning regulations. (1) Modified building setbacks. (a) Privacy: (b) Light and air:. (c) Use: (d) (e) provided provided provided Building Configuration: provided Fire exposure: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) Design: provided- the proposal includes lots ranging in size from 50 x 120 to 70 x 120, which is a departure from the standard Sebastian Highlands lot size of 80 x 125. (b) Use of open space: provided - public space surrounding retention lakes; and a community recreation tract proposed. (c) Compliance with other preliminary development plan requirements: provided Contents of Preliminary Development Plan: a. Written material: (1) Development schedule: Phase Phase I Phase II (2) Quantitative data. (a) (I) provided Start Date June 2003 June 2004 Total number of dwelling units by type: 209 - single-family homes. Total parcel size: 72.45 acres (67.31 residential, 5.14 commercial) 3 (c) Proposed lot or building site coverage by buildings and structures: provided - average - 2,500 SF of building coverage per lot. (3) (4) (d) Proposed lot or building coverage by impervious surfaces, other than buildings and structures: provided - 1,350 SF of additional impervious area per lot. (e) Residential Density 2.88 units/acre (f) Proposed amount of open space: recreation tracts lake area preservation tracts average lot open space = 1.25 acres = 1.9% = 8.11 acres = 12.1% = 9.44 acres = 14.0% = 15.2 acres = 22.5% total open space = 34.0 acres = 50.5% Total green area exceeds the 50% minimum required per land development regulations. (g) Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services: 10.69 acres = 15.9% Updated Environmental impact statement: No development is proposed within the Sebastian River Backwater limits. No other significant environmentally sensitive areas exist within the project boundaries. The site exists as an abandoned citrus grove. Public facilities impact statement: Sebastian River Landings will be connected to both public water and sanitary sewer facilities, with service provided by Indian River County. The roads and drainage system within the development will remain private and the maintenance obligation of the Homeowners Association 4 b= (a) (b) (11) (d) (e) (f) Quantity of wastewater generated; provided typical usage is 250 GPD/unit (209) = 52,250 GPD. Description of proposed recreational facilities; Tract H is proposed for recreation purposes and will include a clubhouse, pool, tennis courts and a playground. Quantity of potable water required; provided typical usage is 250 GPD/unit (209) = 52,250 GPD. Estimated number of school age children expected within the development; 209 units @ 2.5 persons/unit = 523 persons 523 persons @ 12% school age - 63 school age children. Calculations derived by using U.S. Census Bureau data. Estimated property tax and/or sales tax revenue generated by the project by phase; and Residential: 209 units @ $1,800/unit = $376,200.00 per year Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, none. (5) Additional information: none Graphic element of development plan. (1) Plat and site plan. (a) (b) Proposed name of the PUD, title of map, name of city, and description of section, township and range. provided Name and address of record owners, applicant, and person preparing preliminary development plan. provided 5 (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage. provided (d) Date, north arrow and graphic scale acceptable to the city engineer, provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor, provided (f) Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use. Provided on submitted survey. (g) Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A (h) Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication, provided The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant, provided 0) Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements, provided (k) Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site. Provided on sheet P1 of the preliminary development Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements. Provided - contained within preliminary development plan. (m) Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided (n) Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided (o) Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements, provided (P) Proposed locations and preliminary designs' for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided (q) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown, provided (r) Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A 7 11. 12, (2) (3) (4) (5) (6) (s) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering, provided General appearance. (a) Floor plans and square footage of all multifamily and nonresidential buildings and structures: N/A (b) Elevations, sections and/or perspectives: N/A Dedication or reservations of land for public use: provided Vehicular, Pedestrian and bicycle circulation and provided Open space and landscape plan: not provided Information concerning adjacent lands. (a) Existing land use: provided (b) Zoning classification: provided (c) Circulation system: provided (c) Density: provided provided (e) Public facilities: (d) Unique natural features: Site plan review standards: N/A provided parking: Other Matters: Please see attached letter from Timothy C. Glover, President, Friends of the St. Sebastian River, addressed to Andrew Phillips, United States Army Corps of Engineers, concerning potential impacts created by development of the subject parcel. As stated within the attached letter, the developer is required to adhere to strict regulatory requirements as established by multi-jurisdictional agencies. Additionally, the Army Corps has not commented on or responded to the subject letter. However, should the Corps of Engineers recommend any conditions, or suggest any modifications to the preliminary design, City staff will coordinate such efforts with the developer to ensure proper compliance is realized. 8 13. Analysis: The Sebastian River Landings PUD is slated for construction on a 72.45-acre parcel of land lying immediately west of the St. Sebastian River along County Roads 510 & 512. The property is currently an abandoned citrus grove, and was recently annexed with a PUD-R zoning and Low Density (LD) residential land use classification. The Sebastian River Landings proposal includes a total of 209 single-family units on 67.31 acres. Therefore, proposed density will be 3.10 units/acre for the residential portion. Additionally, the proposed preliminary development plan incorporates a unique subdivision layout, unlike the more traditional communities found in Sebastian. However, the design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there'is a large preservation tract along the entire east side of the project lying adjacent to the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a primary access point along CR 510 with a secondary access located along CR 512. In addition to single-family homes, a small commercial node of approximately 5 acres in size is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north along the CR 510 and CR 512 intersection. Accordingly the commercial area was rezoned to Commercial Limited (CL), thus permitting neighborhood commercial uses as intended by the developer. 14. Conclusion: The proposed PUD-R preliminary development plan is in compliance with the Code of Ordinances, Comprehensive Plan and Land Development Regulations. 15. Recommendation: Staff recommends approval of the Sebastian River Landings PUD-R preliminary development plan. DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 5, 2003 The vote was 7-0. Motion carried. C. Quasi-Judicial Public Hearing - Site Plan Review - Major Modification - Hurricane Harbor Restaurant West Parking Area - 1540 Indian River Dr Chmn Smith opened the public hearing at 7:36 p.m. Present for the applicant was Bruce Moia, Mosby & Associates, 2455 14th Avenue, Vero Beach, Florida. He explained that the project involves paving the drive aisles and access drives, grading and stabilizing the parking stalls, drainage and landscape improvements. This should alleviate the flooding problems currently experienced. Staff recommends approval. Mr. Stringer explained that "you can improve a non-conforming use as long as you don't change the nature of the use." The applicant will have to comply with the landscaping provisions as outlined in the staff report. The two handicap spaces to be added will be along the restaurant. Mr. Chris Pinson, owner Sebastian River Boat Tours, 476 Arbor Street, Sebastian, Florida was sworn in by Chmn Smith. He described the location of the current handicap spaces and where the additional two will be placed. Mr. Moia didn't see any problem with having all four handicap spaces in the same area. The retention area will act as a filtration system to cleanse the water before it discharges into the lagoon. Chmn. Smith closed the hearing at 7:49 p.m. MOTION by Barrett/Carroll "1 make a motion we approve the Hurricane Harbor site plan modification parking area improvements at 1540 Indian River Drive, in accordance with staff recommendations #1 and #2." Roll Call: Mr. Mahoney yes Chmn Smith yes Mr. Blessing(a) yes VC Barrett yes Ms. Monier yes Mr. Carroll(a) yes Mr. AIIocco yes The vote was 7-0. Motion carried. Do Public Hearing - Recommendation to City Council - Preliminary Plat Review - Sebastian River Landing P.U.D. - 209 Single Family Lots - SW Corner CR 510 & CR 512 Chmn Smith opened the public hearing at 7:49 p.m. Timothy Jelus, representing the applicant, 1688 W. Hibiscus Boulevard, Melbourne, Florida was sworn in. He deferred to Mr. Hass and offered to answer any questions the board may have. Mr. Hass described the property, which was recently annexed. It has a closed drainage system, curb and gutter, water and sewer utilities, two access points, one at CR 510 and the other at CR 512, 209 lots, recreation tracts, conservation tracts, and a commercial tract along CR 510. The lots range in size from 50'X120' to 70'X120'. We have received comments from the St. Sebastian Water Control District and they forwarded some recommendations to the Army Corps of Engineers, whom we have not received any comments. Staff recommends approval. Mr. Jelus added there will be a clubhouse, pool, playground, pedestrian walkway and will have deed restrictions. Upgraded landscaping is provided to preserve land along the waterway, CR 510 and CR 512. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 5, 2003 Mr. Mahoney noted for the record that he had a telephone conversation with Councilman Barczyk regarding the agreement particulars with regard to the annexation and the number of units per acre that were agreed on. Mr. Jelus replied that after working with the Water Control District and City Council the density went from five units per acre to three and a half, to three, and is now presented at below three units per acre. Mr. Blessing was concerned about the entrances from CR 510 and CR 512 with regard to traffic safety standards. Mr. Hass said this was the recommendation of FDOT and Indian River County. Mr. Allocco was concerned about equipment maneuvering on 50 Ft. wide lots and Mr. Jelus said this was to protect the wetlands and there are already many 50 Ft. wide lots in other subdivisions in Sebastian. Mr. Hugh Evans, CEO of Forte Macaulay Development Consultants and owner of Woody's Barbeque and Sebastian River Landing, 1682 Hibiscus Boulevard, Melbourne, Florida affirmed that his organization would stay on top of the total development to ensure everything is done within code. Chmn Smith closed the hearing at 8:40 p.m. MOTION by Monier/Barrett "1 make a motion that we recommend to City Council the P.U.D. slated for the 510/512 corner [Sebastian River Landing, 209 Single Family Lots]" Roll Call: Chmn. Smith yes Mr. Blessing(a) yes VC Barrett yes Mr. Carroll(a) yes Ms. Monier yes Mr. Allocco yes Mr. Mahoney no The vote was 6-1. Motion carried. CHAIRMAN MATTERS: MEMBER MATTERS: NONE Mr. Mahoney inquired about the landscaping at Jackson Street being different than what the site plan showed. Mr. Hass said he would check that out as the last time he was at that site was just after it was paved. Many of the palm trees were on site prior to the project. DIRECTOR MATTERS: Mr. Hass discussed with the board rescheduling the July 3, 2003 meeting. The secretary will check the council room schedule for July 9. ATTO RN EY MATTERS: Mr. Stringer reported on a county commissioners meeting he attended which presented the Roseland Neighborhood Plan. Although a good portion was dedicated to cooperating with the City of Sebastian, the text talked about protecting Roseland. They want us to send them our annexation applications prior to hearing so they can review them, to sit down with them to coordinate architectural guidelines and landscaping and 5 PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Press Journal has been entered as second class matter at the Post Office in Veto Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Price Per Day PO # 2728414 CITY OF SEBASTIAN 06/24/2003 $60.42 res, R-03-28 Total $60.42 Subscribed and sworn to me before this date: O6/23/2OO3 I~010 Legal Notices! PUBLIC HEAR NG NOTCE CITY OF SEBASTIAN INDIAN RIVER . COUNTY, FLORIDA RESOLUTION NO. R-03~28 A:RESOLUTION OF THE CITY OF SEBASTIAN, FLORI- DA, APPROVING THE PRE- LIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS; PROVIDING FOR CONFLICTS' HERE- WITH; PROVIDING ' FOR EFFECTIYE DATE. The City Council of the City !of Sebastian, Indian River County, Florida will hold a public hearing regarding the approval of the above reso- lution on Wednesday, July 9, 2003 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. Interested parties may inspect the proposed Resolution and Preliminary Plat in the City Clerk's Office, City Hall, and may appear at the hearing and be heard with. respect to the proposed Resolution. Any person who may wish fo appeal any decision which may be made by the, City Council at this hearing will need to ensure that a verba- tim record of the proceedings is made Which record includes the testimony evidence upon which th~ lappeal will be based. !(286.0105 F.S.) In compliance with the Ameri- cans with Disabilities Actf (ADA), anyone who needs, I special accommodations for this meeting should contact the City's ADA coordinator at (772)-589-5330 at least 48 hours prior to the meeting. By: City of Sebastian June 24, 2003 2728414r City of Sebastian, Florida Subject: Update with regards to potential locations for the historic train depot. Apg oved for Su 'ttal by: Exhibits: Aerial Map EXPENDITUKE REQUIRED: None Agenda No. /..93_ /, ~ ~ Department Origin: ~-rowth Management Tracy E. Hass,/,ff~ ' Date Submitted: July 1, 2003 For Agenda of: July 9, 2003 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Per direction of the City Managers Office relative to potential sites for locating the historic train depot, Growth Management Staff reviewed potential locations along the Florida East Coast Raikoad by evaluating availability, sufficiency in size to accommodate such a facility, and those providing easy public access. After researching the topic, it has been determined that three viable options exist with reference to logical locations for the historic train depot. Each site is promising yet challenging, but each is also a realistic possibility. From information available to this office, it has been determined that a train depot was once located along Main Street immediately east of the existing rail line behind what is now the Coldwell Banker real estate office (referenced on attached map as location #1). Unfortunately the parcel is not owned by the city, but as it so happens the referenced parcel is for sale, and may be securable as a potential site for the historic train depot. Additionally, the site is of sufficient size to accommodate not only the train depot, but also the often discussed and needed future municipal parking area. Unlike the aforementioned parcel, the following tracts of land are already owned by the City of Sebastian, but are farther removed from Main Street. The fn'st of which is located at the intersection of Palmetto and Louisiana Avenue (location #2), and is currently occupied by the Sebastian Sign Shop. This site is highly visible and conveniently accessible due to its location 1-block south of Main Street, and generally speaking would be a great location for the train depot. The last of the three alternatives is located farther south along Louisiana Avenue (location #3) and is currently used by the City as a vehicle impound yard. As with the other options, this property is adjacent to the FEC Railroad, but it is farther removed from the City center and is located within a more residentially developed section of Louisiana Avenue. Additionally, the site is currently slated for a stormwater retention area for the Louisiana Avenue improvement project. MUNICIPAL AIRPORT City of Sebastian~ Florida Subject: Infrastructure Construction Contract erbm. ittal by: Agenda No. 0 ~. D ep artmen t~hqgn'm--~yt Dept. Head~ , Finance: General Services: Date Submitted: 6/26/2003 For Agenda of: 7/09/03 Exhibits: (2) - Bid summary and recommendation from Purchasing Department, Bid summary and recommendation from The LPA Group. EXPENDITURE I AMOUNT BUDGETED: APPROPRIATION REQUIRED: $612,924 I $1,001,589.00 REQUIRED: $ n/a SUMMARY In February of 2001, the City of Sebastian accepted a Joint Participation Agreement (JPA) from Florida Department of Transportation for Infrastructure Improvements, namely the construction of two golf holes, the realignment of Airport Drive East, the extension of Airport Drive West, and finally the installation of sewer utility along Airport Drive West. Since that time, we have constructed the golf holes and have mitigated a wetland that was preventing us from initiating the roadway and water utility improvements. On June 9, 2003 the bid opening was held. Though we received only one bid (there was another, but it came in after the deadline), the pricing was somewhat comparable to the engineer's estimate. Even so, we asked the company to re-evaluate their bid and upon doing so, they lowered the cost on some items, saving the City approximately $23,800. Therefore, based on an evaluation and recommendation from both our purchasing department and The LPA Group, Inc., airport staff is pleased to recommend approval of a construction contract between the City of Sebastian and the low bidder, Jobear/Warden Construction to construct infrastructure improvements to Sebastian Municipal Airport. In addition, 80% of this amount will be funded by FDOT and the remaining 20% will come from airport revenues. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Contract Construction in the amount of Municipal Airport. between the City of Sebastian and Jobear/Warden $ 612,924.00 for infrastructure improvements at Sebastian THE LPA GROUP INCORPORATED Transportation Consultants 12000 RESEARCH PARKWAY, SUITE 152 · ORLANDO, FL 32826-3287 · 407~306-0200 · FAX 407-308-0460 June 18, 2003 Mr. Jason Milewski, C.M. Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Review of X26 Access Roads/Water/Sewer Bids Dear Mr. Milewski: THE LPA GROUP INCORPORATED and has reviewed the bid prices submitted on 06-June-03 by the Contractor for the subject project. The bid prices were forwarded to me via e-mail from Jesus Vieiro, City of Sebastian General Services Administration. The following contractors submitted bids on the project: Contractor Total Amount Joebear/Warden. $636,724.00 Based on the bid examination, and since the total bid amount exceeds your budget, we recommend meeting with the bidder, and discussing the prices on several items. Specifically, we suggest discussing the following items, to insure the Contractor's understanding of their scope and quantity. · Item 1, mobilization: you may need to clarify that this is a small airport with no large amount of traffic control or security concerns · Item g, boring: Check to verify his costs per unit · Item v, fire hydrants: this item's unit cost seems about $1,000 more than expected. · Item aa, surface restoration of taxiway: the procedure is simple, replace with 1" of asphalt and 8" of limerock base, or equivalent. This cost seems high as bid. Overall, the bids look appropriate, especially for the roadway portion of the project. With the exception of the few items discussed above, everything else looks like it is in the competitive range for those items. Additionally, we understand that this Contractor has worked in the area and done good work on other utility projects in the county, if sufficient funds may be allocated, the rest of the bid package looks correct (bid forms and attachments are appropriately reviewed by the City of Sebastian), and a successful resolution can be made with the Contractor that is in agreement with the General Services Administration of the City of Sebastian, we would recommend awarding the project to the only bidder. Please note that LPA did not review the remainder of the bid documents for accuracy. Should you need anything further, please do not hesitate to ask. Sincerely,./.,¢¢ ~J THE A Q P IN PORATED cc: Mohsen Mohammadi, LPA Steve Snoberger, Carter & Associates File (TA412002.1d) ATLANTA · BATON ROUGE · CHARLESTON · CHARLOTTE · CHICAGO · COLUMBIA · GREENSBORO · GULFPORT · KNOXVILLE MOBILE · MYRTLE BEACH · ORLANDO · RALEIGH ~' ""J-.. \ RICHMOND · SARASOTA · TALLAHASSEE · TAMPA · WEST PALM BEACH Subject: Construction of T-Hangars tApproved for Submittal by: ~;~anager M NICIP L AiRP©RT City of Sebastian, Florida Agenda No. Department Dept. Head: Finance: General Services:~ Date Submitted: 6/26/2003 ----------- For Agenda of.' 7/09/03 Exhibits: (1) -Bid summary and recommendation from The LPA Group. EXPENDITURE ~ AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 30,000 $1,125,000 REQUIRED: $ n/a SUMMARY In September of 2002, the City of Sebastian entered into a/ease agreement with Sheltair Sebastian, LLC. for the construction and management of a T-hangar complex at Sebastian Municipal Airport. As you may recall, in addition to an airport land lease, this agreement outlined a public/private Partnership between the City of Sebastian and Sheltair Sebastian, in which the latter was to utilize Florida Department of Transportation grant funding for the construction of said T-hangar comp/ex. Because grant dollars are being used, the project must follow our normal purchasing procedures, meaning that the construction had to be publicly bid. On June 24, 2003 six bids were received and opened. Based on an evaluation and recommendation from both our purchasing department and The LPA Group, Inc., airport staff is pleased to recommend approval of a construction contract between Sheltair Sebastian, LLC. and the/ow bidder, Holland Builders, Inc. to construct the T-hangars. Per our lease agreement with Sheltair Sebastian, FDOT will be reimbursing us for 80% of the construction cost and Sheltair Sebastian will reimburse us for the remaining 20%, except for the purchase of fill for the site, as outlined in the lease. It is estimated that the cost of this fill should not exceed $30,000 and will be purchased under the City's existin~ contract with Blackhawk Quarry. Therefore, this will be the only net expen~liture fron~ the Airport Enterprise Fund, from which, $24,000 will be reimbursed to us from FDOT. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Contract between Sheltair Sebastian, LLC. and Holland Builders, Inc. in the amount of $1,143,707.76 for the construction of forty T-hangars and authorize staff to purchase general fill from Blackhawk Quarry not to exceed $30,000. THE LPA GROUP INCORPORATED Transportation Consultants June 24,2003 Mr. Jason Milewski, C.M. Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Review of X26 T-Hangar Development Bids Dear Mr. Milewskh THE LPA GROUP INCORPORATED and has reviewed the six bids submitted on June 24, 2003 by the Contractors for the subject project. The bid documents were obtained by Mr. Mohsen Mohammadi (LPA) at the bid opening. The following contractors submitted bids on the project: Contractor .... .... ~ Total Amount Holland Builders of South ~ ~ 4860 NE 12th Ave. Fort Lauderdale, R. 33334 (954)771-2210 Ocean Ga~ctors Jnc ....... 2854 S.E. Federal Hwy. $1,251,000.00 Stuart, FI. 34994 ~44 Commercial Contracting ~ ~ , ...... 57 E. Seminole St. $1,344,809.00 Stuart, FL. 34994 Wagner Construction Co., LLC ~ ~ 2200 Montclair Road #101 Leesburg, FI. 34748 ummit Construction~anagement 3200 43rd Ave. ~ Veto Beach FI. 32960 Seacoast Constructors & consultants, Inc.-- ~ 6005 Silver Star Road , · OrJando, FI. 32808 4_(~_~578-9300__ J The apparent Iow bidder is Holland builders of South Florida, Inc.. at the price shown above. They also submitted the required documentation in support of their bid. F nally their resume of prior projects is supportive of their experience with this type of work. Based on the aforementioned information, we recommend the award of the contract to Holland Builders of South Florida, Inc. for $1,143,707.76, contingent upon the City of Sebastian Legal and General Services Administration review, and availability of funds. Should you need anything further, please do not hesitate to ask. Sincerely, J ~ THE LP ~ ,[ CUR ,~TED Proj~C:~t Manager / cc: Mohsen Mohammadi, LPA File (TA412008.1d) ~ ATLANTA · BATON ROUGE · CHARLESTON · CHARLO'FrB · CHICAGO · COLUMBIA · · ~.~.~J TALLAHASSEB · TAMPA · WEST PALM BEACH RALEIGH · RICHMOND · SARASOTA MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Install Security Fencing, Change Order Number One. Approved for Submittal by: T~l~°~~~nager Agenda No. 0~, [5'~.~ Department Origin: A~ Dept. Head: ~~~ ~',~ ina,,ce: General ServiCes: j<~__ J~ _~<'~ Date Submitted: 6/26/2003 For Agenda of: 7/09/03 Exhibits: (1) - Proposal from Smith Fence EXPENDITURE REQUIRED: $ 476,407 AMOUNT BUDGETED: $ 427,787.33 APPROPRIATION REQUIRED: $ 48,620 SUMMARY In late 2002, the City of Sebastian entered into a contract with Smith Industries, Inc., dba Smith Fence Company, to install a perimeter fence around Sebastian Municipal Airport. The contract price for this project was $365,312, which included 19,000 feet of chain-link fence and a number of access gates. As you may recall, this project was designed, bid, and awarded in a matter of a few weeks in order to secure federal funding for the project. Because of this critical timing issue, some components of the project had to be estimated, with knowledge that field conditions may differ from the anticipated quantities. Inevitably, that has proved tree. Based on field measurements by both staff and representatives from Smith Fence, the actual amount of required fence is approximately 22,400 feet, and the actual amount of clearing has also increased accordingly. This is largely due to additional tums and lengths of fence added to be more compatible with the both the needs of our tenants. In addition to the increased length, we also needed to add a number of gates to suit the needs of our tenants as well as provide access to certain areas on the golf course for any future, golf course construction and/or maintenance activities. This will prevent any heavy equipment from traveling on the fairways, in the event that it becomes necessary to have such equipment on the golf course (drainage work, rehabilitating greens and tees, restroom construction, major landscaping, etc.). Finally, in our lease agreement with Sheltair Sebastian, LLC, we had agreed to provide an automated security gate in lieu of two fire hydrants. Though the gate is far more expensive than the hydrants, it was less expensive to the airport, as the gate is funded through federal and state grant agreements, meaning we only pay 5% of it's cost. The total cost of these changes to the fencing project is $111,095. This is certainly a large figure, but keep in mind that 90% of this will be paid for by the Federal Aviation Administration. Also note that these changes were initiated by staff, not the contractor, in order to maintain good relations and better serve the needs of our tenants. The net cost to the airport for this change order will be $4,862, or 10% of the required appropriation. Airport staff will be present at the July 9, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Change Order Number One to "Perimeter Fencing" contract with Smith Industries Inc., in the amount of $111,095 and appropriate $48,620. June 10, 2003 To: CITY OF SEBASTIAN Attn: JASON MILEWSKI, C.M. AIRPORT DIRECTOR Project: SEBASTIAN AIRPORT Project Number:03-109 From: Mike Crosby Phone: (727) 573- 5440 ext. lll PROPOSAL SCOPE OF WORK: Our proposal is based on the following: ITEM DESCRIPTION QUANTITY 6' single leaf swing gate 12' single leaf sliding gate 16' single leaf swing gate 3" terminal posts 42' single leaf sliding gate 40' dual sliding gate 4" gate posts 2 each 1 each 1 each 6 each 2 each 2 each 4 each 6' fence Driven 5,235 Lf 6' fence with top tension wire 5,170 Lf 6' fence with barbed wire 3,115 Lf Additional clearing 24' sliding automatic gate 16' siding automatic gate 12' single leaf swing gate 16' single leaf sliding 32' dual sliding gate leaf Stump grinding 10' single leaf swing gate 2,520Lf 1 each 1 each 1 each 1 each 1 each 1 each 1 each Key pad with proximity reader 3 each ComPatible with prowatch nextwatch system Note: control panels by others to be done at a later date. Option for 20 remotes on operators 3 each $ 420 UNIT PRICE $810 $2,960 $1,460 $180 $16,010 $6,602 $234 (-$o.3o) (-$0.60) $9.70 $1.25 $16,780 $15,340 $1,140 (- $3,250) (-$5,398) $480 ¢$950) $1,240 TOTAL $1,620 $2,960 $1,460 $1,080 $32,020 $13,204 $936 ¢$1,57o) (-$3,1o2) $30,215 $3,150 $16,780 $15,340 $1,140 (-$3,250) (-$5,398) $480 (-$950) $3,720 $1,260 $111,095 Smith Industries, Inc. d/b/a Smith Fence Company and Smith Fence, 4699 I l0th Avenue No., Clearwater, FL 33762 Pinellas (727) 573-5440 Hillsborough (813) 223-9267 Fax (727) 573-2075 Page 2 Due to the lead-time for some of the materials, we will need Approximately 60 addition days from date of approved change orders We appreciate the opportunity to submit our quotation for this project. If you have any questions please feel free to call our office. Sincerely, Mike Crosby SMITH FENCE COMPANY Approved by: Date: Smith Industries, Inc. d/b/a Smith Fence Company and Smith Fence, 4699 110th Avenue No., Clearwater, FL 33762 Pinellas (727) 573-5440 Hillsborough (813) 223-9267 Fax (727) 573-2075