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Home My WebLink About05232001HO~ OF PF. LICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 23, 200'1 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) '1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Reverend John Morrissey, St. Sebastian Catholic Church 01.009 01.125 ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of city Council members (R-99-21) PRO..CLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificate of Appreciation to Wilbur O'Donnell - Planning and Zoning Commission B. Presentation by Representative(s) of AT & T Broadband Cable 7. CITY ATTORNEY MATTERS 01.072 CITY MANAGER MATTERS A. Presentation by Architect John Dean - Scope of City Hall Internal Restoration 01.139 CITY CLERK MATTERS A. Introduction of New Deputy City Clerk - Jeanette Williams 10. CITY COUNCIL MATTER-~ 11. A. Mr. Majcher B. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk E. Mr. Hill 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 end acted upon separately. 1-10 A. 01.125 B. 11-14 01.072 C. 15-18 01.140 D. 19-34 01.141 E. 35-4O 01.142 F. 51-56 01.148 G. 57-60 Approval of Minutes - 5/9/01 Regular City Council Resolution No. R-01-38 - Transfer Charter Communications to AT&T Cable (City Manager Transmittal 5/15/01, R-01-38) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF FALCON CABLE MEDIA, A CALIFORNIA LIMITED PARTNERSHIP A/K/A CHARTER COMMUNICATIONS, INC,,, A DELAWARE CORPORATION, SYSTEM AND FRANCHISE TO TCl CABLEVISION OF MISSOURI, INC., PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, Resolution No. R-01-39 - Authorize City Manager to Apply for Historic Preservation Special Category Grant from Florida Dept: of State, Division to Restore Old Sebastian Elementary School/City Hall Building (City Manager Transmittal 5/15/01, R-01-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A HISTORIC PRESERVATION SPECIAL CATEGORY GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-40 - Vacation of Easement - MGB Construction (City Manager Transmittal 5/16/01, R-01-40, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 111, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-41 - Vacation of Easement - Bell (City Manager Transmittal 5/16/01, R-01-41, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT OVER LOTS 22 AND 23, BLOCK 578, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Authorize City Manager to Execute Interagency/Public Works Agreement - Florida Dept. of Corrections, Indian River Correctional Institution and City of Sebastian Police Department (City Manager Transmittal 5/15/01, Proposed interagency agreement) Request for Execution of Florida Communities Trust Grant Extension for County Acquisition of Scrub Habitat in Sebastian City Limits: "Wabasso Scrub Addition" (Letter from Indian River County and Addendum 3 to Conceptual Approval Agreement) 01.143 61-64 01.009 65 67-72 12. 13. 01.137 73-74 01.144 75-114 01.075 115-116 01.145 117-118 01.146 119-122 14. 15. 16. Juana Delapaz- Wedding Reception at Community Center June 23 until 12:00 a.m., A/B (City Manager Transmittal 5/11/01, Rental Permit Application) PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION Accept resignation of Clarence Barton from Planning and Zoning Commission (Letter from Mr. Barton) Appoint Emil Svatik, Jr. to Planning and Zoning Commission Unexpired Alternate Position (City Manager Transmittal 5/16/01, Application, Board Member List, Advertisement) OLD BUSINESS NEW BUSINESS Curt Oxford Wood Carvings of Sebastian - Waive, Bid and Purchase New Riverview Park Sign $9,400.00 (City Manager Transmittal, 5/17/01, Illustration) Resolution No. R-01-42 - Change in Purpose of FDOT Grant from Taxiway Rehabilitation to Construct T-Hangars and Install Runway Lighting (City Manager Transmittal, 5/17/01, Letter to FDOT (5/3/01), R-01-42, Two JPAs Previously Approved) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN AMENDMENT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENTS; REDUCING THE AIRPORT TAXlWAY GRANT FROM $500,000 TO $425,000 AND ITS DESCRIPTION FROM "REHABILITATE AIRPORT TAXlWAYS" TO "CONSTRUCT T-HANGARS"; SUPPLEMENTING THE "INSTALL RUNWAY LIGHTING" GRANT WITH THE REMAINING $75,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDED JOINT PARTICIPATION AGREEMENTS EFFECTING THESE CHANGES; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. Authorize the Purchase of Audio and Video Equipment for City Council Chambers from Pro Video Sales Company in the amount of $12,047.50 and Appropriate same amount from non-departmental contingency fund (City Manager Transmittal 5/16/01, Quote Tabulation Form) Award Bid for Cemetery Arches and Gates to Coastal Ornamental and Iron Works in the amount of $22,566.00 (City Manager Transmittal 5/11/01, Bid Tabulation) Award Bid for Aquatic Weed Control to Applied Aquatic Management, Inc. as recommended (City Manager Transmittal 5/14/01, Bid Tabulation) 01.046 123-124 Change Order #2 to Asphalt Recycling Inc. Contract and Appropriate $60,918.00 (City Manager Transmittal 5/7/01, Change Order #2) 01.147 125-134 First Reading - Ordinance No. O-01-12, amending LDC Section 54-5-22.2 Lowest Floor Definition Schedule Public Hearing June 13, 2001(City Manager Transmittal 5/11/01, Recommendation letter from the Florida Department of Community Affairs and P & Z Recommendation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 17. ADJOURN (All meetings shall adjourn at 10:30 p.rn. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA'I-I'ER 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. (286,010,5 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 §89-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for ail Government Meatings. Upcomi.n~l Meetinl:ts. Regular Meeting - Wednesday, Regular Meeting ~ Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting . Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting. Wednesday, 6/13/2001.7 pm 6/27/2001.7 pm 7/11/2001 - 7 pm 7/25/2001 ~ 7 pm 8/8/2001 - 7pm 8/22/2001.7pm 9/12/2001.7 pm 9/26/2001- 7 pm 10/10/2001.7 pm 10/24/2000 - 7 pm 11/14/2001 - 7 pm 11/28/2001.7 pm 12/12/2001 - 7 pm 12/26/2001 - 7 pm HOME OF PELICAN ISLAND D AFT 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 9, 2001 ~ 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:04 p.m. The Pledge of Allegiance Was recited, There was a moment of silence, ROLL CALL ..City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio City Engineer, Ralph Brescia Growth Management Director, Tracy Hass Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy Administrative Secretary, Joanne Sandberg Regular City Council Meeting May 9, 2001 Page Two D AFT AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. 6. PROCLAMATIONS~ ANNOUNCEME, .NTS AND/OR PRESENTATIONS 01.121 A. Proclamation - National Police Week - SoL Mike Bever AcceDtino Mayor Barnes read and presented the proclamation to Sergeant Mike Beyer. 01.122 B. Proclamation - Civility Month Mayor Barnes read the proclamation and it will be forwarded to 01.123 C, Employee of the Quarter Presentation Mayor Barnes read and presented plaques to the Employees of the First Quarter, Information Specialist, Ann Rousseau and Administrative Secretary, Joanne Sandberg. 7. CITY ATTORNEY MATTERS Reported on: 1) described material he had presented regarding the City's discussions with the Eagle's Nest restaurant; 2) advised that the stormwater utility is scheduled for the tax bill coming out in October following several public hearings; 3) described material he had presented tonight regarding legal requirements to impose a recreational impact fee. 8. CITY MANAGER MATTERS The City Manager reported a banner acknowledging that the newly installed landscaping at the east side of City Hall by Sebastian River High School students is a certified Florida yard; and that grant funding in the amount of $1,250 from the University of Fiodda Extension service was received. 01.093 A, Barber Street Sports Complex Future Parkina Loaistics (No Ba.c..k._.~l~) The City Engineer reported on use of Tract E and the west side of Fairfield for additional Barber Street Sports Complex parking and establishment of a drop-off area at the Skateboard facility. Discussion took place on cars currently parking on shoulders of side streets and the possibility of putting in angled parking; making Fairfield one-way south; and football and soccer season bulk parking south of Tulip Street. It was suggested that a site plan be prepared and brought back for discussion; and that people could utilize the Little League parking lot more during football/soccer season. Staff was asked to come up with some options and report back. The City Engineer said he would like to watch what effect the skateboard park will have on parking. 2 Regular City Council Meeting May 9, 2001 Page Three 01.124 01,125 01.126 Mayor Barnes recognized Boy Scout Troop 598 in the audience with leader and former Mayor Richard Votapka, who introduced the Scoutmaster. Preliminary Estimates for Schumann Drive Irri(3atioq..,S.,ystem (PW Director Me_m.o 5/3/~ The City Manager reported that the preliminary estimate for the irrigation system utilizing the maxicom system was $120,000. The Public Works Director said there may be less expensive means to provide irrigation with the installation of additional wells. Discussion took place on waiting to assess what more rain might do for the native plants and looking into less expensive methods to irrigate. Charter Communications Transfer to AT&T - Status (Letter) The City Manager reported that a resolution will be presented to City Council on May 23, 2001 transferring Charter Communications to AT&T; and that AT&T reps will be here. D. Banner Displays at Barber Street..S.p.orts Complex (No Bac....k...Up) The City Manager reported there is interest in posting banners at the sports complex by sponsors of sports' teams. Robert Muir, Sebastian Youth Football, asked, in an effort to lower registration fees for children, that local businesses be allowed to hang sponsor banners dudng games. City Council concurred with allowing sponsor signs to be posted as long as they are taken down after each game and working out .logistics with staff. CITY CLERK MATTERS - None CITY COUNCIL MATTERS A. Mr. Hill Mr. Hill reported on the Metropolitan Planning Organization, stating that all municipalities had passed adding the additional Sebastian member and it had gone on to the Governor's office. Regular City Council Meeting May 9, 2001 Page Four B. .Mr. Majcher None. C. Mayor Barnes Mayor Barnes discussed the 1993 Council action on closing Fellsmere Road and combining the two park properties; TAPE I. SIDE II (7:48 p.m.) said he agreed with closing the road due to the people who have to cross the road during park events and concurred with the placement of the clock; distributed information from St. Johns River Water Management District regarding water conservation, irrigation, and Florida landscaping and said it would be available in the City Clerk's office; and reminded Council that the City Attorney's appraisal is overdue. D. Vice Mayor Bishop None. E. Mr. Barczyk None, 11. CONSENT AGENDA Afl 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 Minutes - 4/25/01 Regular Meeting 01,127 Authorize City Manager Travel to Tallahassee from 5124/01 through 5/25/01 Re: City Hall Building (Old Sebastian Elementary School) Nomination for Listing on National Register of Historic Places (State Historic Preservation Officer Letter 4/24/01) 01.128 Authorize City Attorney Travel to American Bar Association Conference May 15-18, 2001 and Association of Stormwater Utility Conference June 20-23, 2001 (City Attorney Transmittal 5/3/01) 01.129 Approve Purchase of Buzz Bar from Menzi USA in the Amount of $9,000 by Piggybacking Sarasota County Bid (Public Works Transmittal 4/25/01, Menzi Letter, PO) MOTION by Hill/Majcher "1 move approval of consent agenda." Regular City Council Meeting May 9, 2001 Page Five '01.007 12. 13. ROLL CALL: Mayor Barnes - aye Mr. Bishop ~ aye Mr. Barczyk -aye Mr.M~cher - aye Mr. Hill - aye MOTION CARRIED 5-0 PUBLIC HEARING A. Second Readin,q and.. Final Adoption of Ordinance No. O-01-11 - Portalets (City Mana,q.e..r... Transmittal 5/3/01,....0.01 - 12 AN ORDINANCE OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-3, LOCATION OF PORTABLE SANITARY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Ordinance No. O-01-11 .by title and explained the amendments. Mayor Barnes opened and closed the public hearing since there was no public input. MOTION by MajchedBarczyk "1 move to adopt Ordinance NO. O-01-11 ~" ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 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 Sal Neglia, Sebastian, objected to dump trucks using Indian River Ddve heading to North Central Avenue. Mr. Hill reported that MPO is addressing truck routes. Mr. Neglia again inquired why cars am parking in the City property behind the Chamber building; and objected to locating the clock on Fellsmere Road and installing a concrete pad across Cavcorp. The City Manager reported that them is resurfacing activity going on on North Central Avenue. Rob Muir Youth Football, asked that padding be placed on the skateboard park fence due to its close proximity to the football field; asked that the skateboard park not be open on home game days; and asked that a new access road to the concession building be installed. Regular City Council Meeting May 9, 2001 Page Six D AFI" Carolyn Corum, Dolores Street, said the park referred to earlier is Axel T. Jordan Park and was formerly known as Candy Cane Park; inquired about nets to protect the stands at the ballfields, to which the Parks Superintendent responded that the problem is being addressed with nets but he did not believe it will completely solve the problem; and stated that the problem with Schumann median plants will continue. Ray Coniglio, offered additional ideas for the Riverfront area; urged Council to work with current lessees at the Airport and Golf Course with an eye to bringing in future businesses. 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.130 Tree Advisory Board 1. Tree Plan for 2001 (Plan) Mayor Barnes called for a motion to accept the plan. MOTION by Hill/Majcher "So moved." VOICE VOTE ON THE MOTION CARRIED 5-0 01.009 Plannin.o and Zonin~ Commission 1. Appointment to Unexpired Reqular Member Position with Term to Expire 11/2002 (City Clerk Transmittal 4/27/01. Four AD~)lications,.M. e..m/aer List~ AAd~ Applicants Clarence Barton, Gene Rauth, William Verge and Emil Svatik, Jr. were interviewed. MOTION by Bishop/Majcher "I'd like to nominate Gene Rauth to fill the regular member position vacated by Wilbur O'Donnell unexpired term to expire 11/2002. ROLL CALL: Mr. Barczyk - aYe .Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 MOTION by Hill/Majcher "1'11 move to replace Mr. Rauth's alternate position with William Verge." Regular City Council Meeting May 9, 2001 Page Seven ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. 'Barczyk aye aye aye aye aye MOTION CARRIED 5-0 15. OLD BUSINESS 01.131 A. Temoorarv SiQns (No Backup) Discussion took place on determining 'different types of temporary signs. The City Attorney was directed to bring a definition of temporary signs to the next agenda. 01,132 B. Ban Motorboats frOm Schumann Lake (N.o...Backup) Mayor Barnes said he had heard from citizens from the area of Schumann Lake requesting that gas boat motors be banned on Schumann Lake. The City Attorney said he would bring back language to delete reference to 3 hp motors; noted there is currently language in the LDC that should be deleted; that the language will be only in the Code; and noted that this would not affect electric motors. 16, NEW BUSINESS 01.133 Community Redevelop..rn.ent.Agency Recommendati0...n - US 1/Indian River Drive Master Plan (Backup Forthcoming) The Growth Management Director reiterated that this is a compilation of several studies, plans and Codes previously conducted on the Riverfront TAPE II - SIDE I (8:40 p,rn.) Carolyn Corum noted that there was a Riverfront Plan adopted in 1996; and expressed concern about statements made that these drawings represent what was previously adopted. She was assured that the pictures were representations of what could be done, and that City property was not going to be sold off. The City Manager said, for the record, no property will be sold, Regular City Council Meeting May 9, 2001 Page Eight o1.134 B. The City Attorney advised that consultants use their own discretion in proposing ideas and that no one on staff brought those ideas to them. He recommended an Architectural Review Board be established. Mr. Bishop said he would feel more comfortable if this matter was workshopped prior to making any decisions; and agreed with formation of an Architectural Review Board for the Riverfront Overlay District and CR 512. The City Attorney advised that CR512 projects being built now were on-going prior to adoption of new 512 overlay district regulations. The City Attorney suggested Council digest the plan for a little bit prior to adopting it in the event there are certain elements it does not concur with. The City Manager said he would provide copies of the plan to Council, and a future workshop can be scheduled. City Council concurred. The Growth Management Director said he could mail out workshop notices to affected property owners as it did with the CRA meeting. Resolution No. R-01-37 - Rec~uestino Fair-Share County Fundin. g..for Barber Street Sporls Complex (City Mana.cler_T_~ansmittal 5/3/01, R-01-37) A RESOLUTION OFTHE CITY OF SEBASTIAN, FLORIDA, REQUESTING FAIR-SHARE COUNTY FUNDING FOR THE BARBER STREET SPORTS COMPLEX; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-37 by title. The City Manager briefly reported on the proposed request to Indian River County for fair-share participation funding for Barber Street Sports Complex. The City Attorney suggested two minor amendments. MOTION by Barc~yk/Majcher "1 move to approve Resolution No. R-01-37 as amended." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting May 9, 2001 Page Nine DRAFT 01.135 C. Approve a Special Event.Park Use Permit for Democratic Executive Committee's Family Fun Day a.t Riverview Park with Payment of Appropriate Use Fe.e~s .on Au,q.u. st 18, 2001from 9 am to 4 pm...: ..Use of Four Vendors and Electricity Reauested - Bob McKinlay Permittee (Parks Superin..t. endent TransmittaI, A/:)/)/ication for Permit) The City Manager briefly explained the request for a special event. MOTION by Bishop/Barczyk "1'11 move to approve agenda item number 01.135." ROLL CALL: MayOr Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.136 D. Code Enforcement Revision Request..s - Si.qn Ordinance.,. Parkin,ch Recreation.al Vehicles,.....H..ouse Numbers, Maintenance of Buildin,qs and Vacant Structures (Po/ice Transmittal The City Manager reported that steps have been taken to coordinate various staff members related to code enforcement matters, therefore, with the exception of temporary signs, it was not necessary at this time to amend any other codes. Mayor Barnes requested a report on the number of citations issued. 01.137 A~3Drove Purchase...of Marquee...Si,qn for Riverv ew Park from JM Stewart Corporation in Sarasota, F.L....for $9,200.25....from GSA Contract #GS-07F-0376J (Pa. rks Superintendent Transmittal 5/3/O1......C~uote and Illustration) The City Manager distributed photographs of signs with one highlighted, which, the Growth Management Director stated, meets Riverfront Overlay District standards (see attached). He noted the cost is $8731.25. Carolyn Corum objected to the sign. Charles stachel Coral Reef Street, Sebastian, suggested using the same type of sign as the city. limit sign. Sal Neglia said the sign is tacky. Regular City Council Meeting May 9, 2001 Page Ten It was the consensus of Council that this be sent back to staff for something more homey or rustic or perhaps ask Curt Oxford if he could come up with something. 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 9:35 p.m. Approved at the ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk l0 Subject: Resolution R-01-38 Systems & Cable Franchise Tmsfer Agenda No. 0i ,125 Department Origin: City Manager Date Submitted: 5/15/01 For Agenda off 5/23/01 Exhibits: Resolution R-01-38 EXPENDITURE REQUIltED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY The proposed Resolution R-01-38 approves the transfer of Falcon Cable Media, A Califomia Limited Partnership a/kJa Charter Communications, Inc., a Delaware Corporation, system and franchise to TCI Cablevision of Missouri, Inc. RECOMMENDED ACTION Move to approved. Resolution R-01-3 8 approving the transfer of Falcon Cable Media, A California Limited Partnership a/k/a Charter Communications, Inc., a Delaware Corporation, system and franchise to TCI Cablevision of Missouri, inc. RESOLUTION NO. R-01-38 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORH)A, APPROVING THE TRANSFER OF FALCON CABLE MEDIA, A CALIJFORNIA LIMITED PARTNERSHIP AfK/A CHARTER COMMUNICATIONS, INC., A DELAWARE CORPORATION, SYSTEM AND FRANCHISE TO TCI CABLEVISION OF MISSOURI, INC., PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on December 16~, 1998, the City of Sebastian approved Ordinance No. O-98-21 granting a franchise to Falcon Cable Media, a California limited partnership; and WHEREAS, under section 13 of said Franchise, any transfer of the Franckise must be approved by the City, which approval cannot be unreasonably withheld; and WHEREAS, on May 26, 1999, the parent companies of Falcon Cable Media sold their interests to Charter Communications, Inc., a Delaware corporation, which transfer was approved by the City; and WHEREAS, Charter proposes to transfer its interest in the Franchise to TCI Cablevision of Missouri, Inc., and the City has been provided with exhaustive documentation on the said transaction; and WltEREAS, the City finds no reasonable basis to withhold approval of the transfer. NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council of the City of Sebastian hereby grants approval to the transfer of the Franchise granted under Ordinance No. O-98-21 from Charter Communications, Inc., a Delaware corporation, to TCI Cablevision of Missouri, inc., as set forth in the Asset Purchase Agreement dated February 26, 2001 based upon the assumption of the by TCI Cablevision of duties and obligations of the Franchisee under Ordinance O-98-21 Missouri, Inc., Section 2. CONFLICTS. herewith are hereby repealed. All resolutions or parts of resolutions in conflict 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 to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of May, 2001. CITY OF SEBASTIAN, FLORIDA · ATTEST: By: Mayor Walter Barnes Sally A. Malo, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Subject: Resolution R-01-39 App~i: Sub/~ Manager Terence R. ~ore Agenda No. 01.072 Department Origin: City Manager Date SUbmitted: 5/15/01 For Agenda of.' 5/23/01 Exhibits: Proposed Resolution R-01-39 EXPENDITURE I AMOUNT BUDGETED: REQUIRED: N/A [ N/A APPROPRIATION REQUIRED: SUMMARY The proposed Resolution R-01-39 authorizes the City Manager to apply for a Historic Preservation Special Category Grant from the Florida Department of State, Division of Historical Resources to assist with plans to restore the Old Sebastian Elementary School City Hall building. RECOMMENDED ACTION Move to approve Resolution R-01-39, authorizing the City Manager to apply for a Historic Preservation Special Category Grant from the Florida Department of State, Division of Historical Resources. RESOLUTION NO. R-01-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHOItIZING THE CITY MANAGER TO APPLY FOR A HISTORIC PRESERVATION SPECIAL CATEGORY GRANT FROM THE FLORH)A DEPARTMENT OF STATE, DMSION OF HiSTORICAL RESOURCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian wishes to proceed with plans to restore the Old Sebastian Elementary School/City Hall; and WHEREAS, the Mayor and City Council desire that the City of Sebastian improve various public properties within Sebastian, Florida; and WltEREAS, the Mayor and City Council of the City of Sebastian wishes to authorize the City Manager to apply for a Special Category Grant from the Florida Department of State, Division of Historical Resources. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for a Special Category Grant from the State of Florida Department of State, Division of Historical Resources. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the Florida Department of State and other persons as directed by the Mayor and City Council. Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: All resolutions or parts ofresohtions in This resolution shall take effect Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. day of The Mayor thereupon declared this Resolution duly passed and adopted this ~ ,2001. CITY OF SEBASTIAN, FLOP, IDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC/AAE City Clerk APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney City of Sebastian,~ Florida Subject: Rpsolution No. R-01-40 Vacation of Easement - MGB Construction Lots 1 & 2, Block 111, Sebastian Highlands Unit 2 Agenda No. Department Origin: 'Date Submitted: For Agenda of: 01.140 Growth M~afi~nem ~., ;,~ (TH) 5/16/01 5/23/01 ~Exhibit .'~ 1) R-01-40 EXPENDITURE REQUIRED: None 2~) Site Map 3) StaffReport AMOUNT BUDGETED: None 4) A~plication 5) Utili~ Letters [APPROPRiATioN '" REQUIRED: None SUMMARY This is a request for a vacation of the side public mility and drainage easements located on the east five (5) feet of Lot 1 and the west five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the northem ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. RECOMMENDED ACTION Adopt Resolution No. R-01-40 RESOLUTION NO. R-01-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 111, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 668 Wallis Avenue within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern most five (5) feet of Lot 1 and the western most five (5) feet of Lot 2, less the northern most ten (10) feet thereof, all being in Block 111, Sebastian Highlands Unit 2, as recorded in Plat Book 5, Pages 34 thru 37, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. The City Council of the City of Section 2. CONFLICT. are hereby repealed. Section 3. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing All resolutions or parts of resolutions in conflict herewith RECORDING. This resolution shall be recorded in the public EFFECTIVE DATE. This resolution shall take effect immediately 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 Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORIDA ,2001. day of By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SCALE I~=]O' NORTH (50' RIGHT OF VICKERS STREET I ~ oo° ~'2~' E O0 Or ~ ) N 00~13'30'' E 100 00' ~ ,,,,,,, ..... .,,. · BLOCK ~ ~ ~ · (w~) ~-'~ ~.~. ~ I s 00o13']0' ~ ~S® 25,00' P. ,.r:,"~ COLLINS STREET ( 50 RIGHT OF WAY) LOT2 BLOCK ? (VACANT) 5' P.U. Ct D,E, S 00°13'30"~ 125.00' N 00° 13'30" E 300.00' P. LOT BLOCK ( RESIDENCE JTILITY ~ POLE t3 0 U N DA R Y CERTIFIED TO: MR. 6' MRS. DIXON MGB CONSTRUCTION, INC. LEGAL DESCRIPTION: LOTS I Fz 2, BLOCK 11 l, SEBASTIAN HIGHLANDS UNIT 2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 PAGES 34 THRU 37 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BOX LOTS ~ ~ ~2 BLOCK 171 ~ RESIDENCE ON ~or~ ~ors) SURVEYOR'S NOTES: 7, BEARINGS SHO~IN ARE BASED ON THE CENTERLINE OF ~ALLIS -AVENUE AS S B9°46'30~ E AS PER PLAT. UTILITY POLE ~ GUY ~IRE SURVEY LEGEND: 0 - SET 5/8" REBAR ~ITH PLASTIC CAP STAMPED "PLS4696' ~ - FOUND 5/8' IRON REBAR 0 - FOUND 1" IRON PIPE LOT 10 BLOCK 111 (RESIDENCE) ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for MGB Construction, Inc. Requested Action: Abandonment of the side public utility and drainage easements located on the eastern five (5) feet of Lot 1 and the Westem five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the north ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: 668 Wallis Avenue Lots 1 & 2, Block 111, Sebastian Highlands Unit 2 MGB Construction Inc. 945 Fellsmere Road Sebastian, Florida 32958 Project Agent: a. Name: b. Address: Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the eastern five (5) feet of Lot 1 and the western five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the north ten (10) feet thereof. The client wishes to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: verbally approved approved approved approved approved none Approve Resolution R-01-40 Prepared by Date City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: MGB Construction, Inc Address; 945 Fellsmere Road, Sebastian, FL 32958 Phone Number. ( 561 ) 589 7472 FAX Number. (561) 589 ' 0663 E-Mail: Owner (if different from applicant) Name: same Address: Phone Number:. ( ) FAX Number:. E-Mail: IType of permit or action requested: abandonment of easement 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 A3-rACHED AND 81/2" BY 11' COPIES OF ANY ATTACHMENTS SHALL 8E INCLUDED. A'I-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable}: B. Site Information Address: 668 Wallis Avenue Lot: 1 & 2 Block: 111 Unit: 2 SuJ~livision: Sebastian Highlands Indian River County Parce~ ~ 01-31-38-00003-1110-00001.0 and -00002.0 Zoning Classification: 1~S - i~ Future Land Use: Existing Use: Proposed Use: vacan~ land single family home C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Abandonment of easement betw.e_gn .the....two l~.~ ~o ~h~ r-~+,-,~,~-~,-,,~ of a single ..family home can be built DATE RECEIVED: ~ ~ / O[ FEE PAID: $ ][;0-d"O RECEIVED%Y:'~~. Page f of 3 t Development Application "Revision: I File Name: Doa ." Permit Application No. D. Project Personnel: Agent: Name: William Ballough MGB Construction, Inc Address 945 Fellsmere Road; Sebastian, FI 32958 Phone NumbeF. (561) '589 7472 FAX Numbe~. (561) 589 ' 0663 E-Mail: Attorney: Name: N/A Address Phone Number:. ( ) FAX Number:, ( ) E-Mail: Engineer: Name: Ron Keller KSM Engineering Address US 1 Sebastian, FL 32958 Phone Number. ( ) ~ FAX Number. ( ) 561 589-0712 E-Mail: Surveyor: Name: Tom Cecrle Cecrle [and Surveying Inc Address 10749 US 1 Sebastian, FL 32958 Phone Numbe~. ( 561 ) 388 ' 0512 FAX Number. ( ' ) - E-Mail: . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: -- I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICA'I~QN/ AND THAT AU_ THE iNFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APP[JCATION ARE ACCUP~I~/~ID TRU E_T..O THE~BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE WHO IS PERSONALLY KNOWN TO ME OR PRODUCED /4f /u o ~.*-, ,',~ '-' AS IDENTIFICATION, THIS ~ ¢ DAY OF /bl ,8 F_ ~/-/ ,1=~ ~ ¢ / ~ PRINTED NAME OF NOTARY c/ Form CD-200~I f Development Application "l Revision: File Name: Doe Permit Application No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), Site plans~ conditional use permits, special use pennits~ variances, exceptions~ and appeals. I/WE, v''/THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCATION., HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 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 lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTTI'UT1ON WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING 81GNED BY MFJUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE~MAi~DE, BY, tidilY E~I. ~q[.OYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE Ct'T'Y OF SEBASTIAN. S GNA RE DAtE Sworn to and subscribed before me by ~/// who is pemonally known t~e or produced as identifi~fion, this ~ ~ ~ day of ~.~.g ~nt~d ~ame of ~ota~ ~>~ .... ~' ~~,,. Commi~ion No.~piration C ~ ~/~ Seal: I~ ~.~ ~Y co~ss~o~ ~ cc ~2~ I-aO~3-NOTA RY Fla. I Page 3 of 3 I Development Application .... I Revision: [ File Name: Dea IForm CD-2001 Approved: 08/27/97 Supplemental Information Easements, vacation of · Permit Application No. 1. Descdbe the easement to be vacated (provide a legal description, if possible): 5' Public Utility and Drainage Easement which runs between Lot 1 Block 111 Unit 2 Sebastian Highlands and Tot ~ Block 111 Unit 2 Sebastian Highlands Why is this vaca~on of an easement being request? construction of a single.family home 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. Form CD,.2009 · Approved~ 8/27/97 Pa~le f of l Revision: Vacation of Ea.semenbs [ File Name: Siea.sev BI_DG DS::T 81~ASTIAN NO.5~ I~. 1/4 City of Scb~t~a= 1225MAIN STRICT ~ .qEBASTLA~,FLOP, JDA32958 TEL~:~HO~ (Sill) 589-5537 [] FAX (561) 589-2.~66 PAGE ~_,_. OtIEST~OR ABANDONMENT OF E~~ April 4, 2001 Deserinflon of Ea~nmn~ m be abandoned: Thc puMJc u~ty md ~ e~ 1~ on · e e~t five (~) f~et of Lo~ 1 ~d ~ w~ fi~ (5) feet of ~t 2, ~lo~ 11 I, Se~ Hi~l~ ~t 2, 1~ ~c n~ ~ (10) ~ ~crcof, Location of E~cmc~t: 668 Wallis Avenue, Sebastian, Florida UTILITY: Ralph Brescia, CI~ %/0/ FAX NO: DATI~: $89-6209 COMMENTS: Return 1;o: Dorri Bo,,worth, City of Seb~l~an, (}row',& b, ianagem~-tl: D~partmen! No. (SSi) ~8¢-2f~. BellSouth Telecommunications, Inc, 3300 Okeechobee Road Room 213 Fort Pierce, FL 34-q47-4552 BELLSOUTH Billie C. Grnenlinf General Manager-Network Operations Indian River Division 561 468 9970 Fax 561 466 4705 Date: April 5, 2001 Dorris Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 }RE: VACATE EASEMENT Dear Ms. Bosworth: Per your request, BellSouth has no objection to the abandonment of the utility easement described herein: The public utility and drainage easement located on the east five (5) feet of Lot 1 and the west five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the north ten (10) feet thereof. We have no facilities within th/s portion of said utility easement. For further assistance please contact Kirk Walker at (561) 468-5538. Yours truly, Billie C. ~ General Manager ~-~'~ cc: Kirk Walker UTILITY PAGE H0,595 P.i/4 City 1225 MAINSTREET [] SEBASTIAN, F~ORIDA 32958 TELEPHONE (561) 589-5537 g FAX (~61) 589-2566 FOR ABANDONMenT 01~ EASE/VI~N~ April 4, 2001 ,Dese~,ripfion of Easement to be abaaflon~d2 The punic u~L~ty and dralna~ easement lceaxed on the east five (5) feet of Lot 1 and the west five ($) feet of Lot 2, Block Ill, Sebastian Highlands Unit 2, less the northern ten (10) feet thereof. Location of Easement: 668 Wallis Avomte, Sebastian, Florida UTiLITY: APPROVED: Kevin N. Osflaus, I./~C. Utilities ~l?tt ~75 D~/IED: FAX NO: 770-5143 DATE: APPROVED/DENIED BY: COMMBNTS:_ ~ V ~-~0_ RetulTl to: Dorri Boswortl~, City of Seba~an, Growth Management Fax No. (56]) 589-2566. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT April 4, 2001 Description of Easement to be abandoned: The public utility and drainage easement located on the east five (5) feet of Lot 1 and the west five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the northern ten (10) feet thereof. Location of Easement: 668 Wallis Avenue, Sebastian, Florida UTILITY: Ken Vic~ Charter/~/~unications,/7/ APPROVED: )'\ / I~E]gtlED: APPROVED/DENIED BY: /' f~-~/,'~' ' (si ) FAX NO: DATE: 589-3872 COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (561) 589-2566. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLOKIDA 32958 TELEPHONE (561) 589-5537 [] FAX(561) 589-2566 REQUEST FOR ABANDONMENT OF EASEMENT April 4, 2001 Descri[}tion of Easement to be abandoned: The public utility and drainage easement located on the east five (5) feet of Lot 1 and the west five (5) feet of Lot 2, Block 111, Sebastian Highlands Unit 2, less the northern ten (10) feet thereof. Location of Easement: 668 Wallis Avenue, Sebastian, Florida UTILITY: Pedro Rubiera, FPL APPROVED: ~ DENiED: FAX NO: (561) 489-6224 DATE: APPROVED/DENIED BY: (signature) COMMENTS: Remm to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (561) 589-2566. City of Sebastian, Florida Subject: Resolution No. R-01-41 Vacation of Easement- Bell Lots 22 & 23, Block 578, Sebastian Highlands Unit 17 Agenda No, Department Origin: Date Submitted: For Agenda of: 01.141 Growth M~t k.~ n--"(TH) 5/16/01 5/23/01 Exhibits: 1) R-01-41 EXPENDITURE REQUIRED: None 2) Site Map 3) Staff Report 4) Application 5) Utility Letters I AppRop~,ZiON AMOUNT BUDGETED: REQUIRED: None None SUMMARY This is a request for vacation often (10) feet of the rear twenty (20) feet public utility and drainage easement located on Lots 22 & 23, Block 578, Sebastian Highlands Unit 17. The applicant wishes to constmct a swimming pool and screen enclosure in this area. All utilities have recommended approval of this request. Adopt Resolution No. R-01-41 RECOMMENDED ACTION RESOLUTION NO. R-01-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT OVER LOTS 22 AND 23, BLOCK 578, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a swimming pool and screen enclosure on Lots 22 & 23, Block 578, Sebastian Highlands Unit 17 within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the rear public utility and drainage easement of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The northernmost ten (10) feet of the southernmost twenty (20) feet of Lots 22 and 23, Block 578, Sebastian Highlands Unit 17, less the west six (6) feet thereof, as recorded in Plat Book 8, Pages 46 - 46P, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing All resolutions or parts of resolutions in conflict EFFECTIVE DATE. This resolution shall be recorded in the public This resolution shall take effect immediately 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 Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this .,2001. CITY OF SEBATIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney S O0°O0'O0"'E 100.00' EMPIRE TERRACE Project Name: Requested Action: ABANDONMENT OF EASEMENT Staff Report Property of Bruce & Bevera Bell Abandonment of the north ten (10) feet of the rear public utility and drainage easement located on the south twenty (20) feet of Lots 22 & 23, Block 578, Sebastian Highlands Unit 17, less the west six (6) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 111 Athens Court Lots 22 & 23, Block 578, Sebastian Highlands Unit 17 Bruce & Bevera Bell 772 Lake Shore Road West Chazy, NY 12992 MGB Construction, Inc. 945 Fellsmere Road Sebastian, FL 32958 Project Description: a. Narrative of proposed action: Applicant wishes to abandon the north ten (10) feet of the south rear twenty (20) foot public utility and drainage easement on Lots 22 & 23, Block 578, Sebastian Highlands Unit 17, in order to construct a swimming pool and deck b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: House under contract Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. Charter Communications: d. Indian River County Utilities: e. City Engineer (drainage): verballyapproved (w~tingforfax) approved approved approved approved Growth Management Director Comments: none StaffRecommendation: Approve Resolution R-01-41 Prepared by Date "~t//~-/O [ City of Sebastian Development Order Application Permit Application No. Applic_a..n.t (if not owner, written authorization Inotarized} from owner is rec[~ired) Name: Bruce R. and Bevera L. Bell Addre~: 772 Lake Shore Rd. West Chaz¥~ NY 12992 PhoneNumbe~( ) - FAX Numbe~ ( ) 518 846-7631 518 8467631 E-Mail: brblbell@capital.net O~vner (If different from applicant) Name: Address: Phone Number:. ( ) FAX Numbe~. ( ) - E-Mail: IType of permit or action requested: To allow po~ area to extend into 20'dra~,nage easement by 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 ATTACHED AND 81/2" BY 11" COPIES OF ANY A~I'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): B. Site Information Address:Ill Athens Court Lot: Block: Unit: 22 & 23 578 17 Indian River County Parcel ~. 19-31-39-00001-5780-00022 Zoning Classification: 00 Vacant Residential Land Existing Use: vacant land Subdivision: Sebastian Highlands and 19-,3,$-39-0QO01-578O-ROO2g F~ureLand Use: 1 sinqle ,~esident home P~posed Use: on~ story resi~n~ C. Description of proposed activity and purpose of the requested permit ar action (attach extra sheets if necessary): please see attached DATE RECEIVED: ~ /,:¢)'"'%"7''~2/ FEE PAID: $ /OO" CO RECEIVED ElY:/"'/'~P'-'[~-----"-- tForm CD-2OO'f PaEe..~ of' 3 .Approved: 08/27/97 Revision: Development Applicagon File Name: Doa ,,, Permit Application No.., D. Proiect Personnel: Agent: Name: ...... Address ? Phone Number:. ( ) E-Mail: - FAX Numbe~ ( ) Attorney: Name; Address Phone Number. ( ) FAX Numben ( ) - E-Mail: Engineer: Address Phone Number:. ( ) FAX Numl~en ( ) E-Mail: Surveyor: Name: ~7-~/a,~ ~ ~./~C,~x/~~ Address 2:'7K / /, ,, / Phone Numbe~ ( . ) F~Numbe~ ( ) - ~/ ~' o~ ' E-Mail: AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH I$ THE SUBJECT MA'CI'ER OF THiS APPL/CATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPUCATIQN ARE ACCIJ~TE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ' SIGNATUR~ '/ I - jr . DATE · .%~WORN TO AND SUBSCRIBED BEFORE ME BY ~U¢ e Be// ~' ~e//~'~ ~f ~¢// WHO IS PERSONALLY KNOWN TO, ME OR PRODUCED .~ ~.~ o ~ ,,J AS IDENTIFICATION, THIS~ ~/I'~DAY OF NOTARY'S SIGNATURE ~ SUSAN M. TURNER PRINTED NAME OF NOTARY SE.AL: IForm CD-200'i ~c.~.-~ved: 08/27/97 PaE, e 2 of 3 [ Development Application Revision: ~ File Name: DoB Perrni~ Application No.__ The followinG is required for all comprehensive plan amendments, zoninG amendment (including rezoninG), site plans, conditional use permit~, special use permits~ variances, exceptions, and appeals. I~/~J~, __ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORE'F. EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "E]OARO'FCOMMISSION") TO PHYSICALLY ENTER UPON THE PROPER'FY AND ViEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~A/E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDiCIAL NATURE OF THE PROCEEDINGS, RESUL~NG FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCES.S RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNI'TED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF' ANY COERCION APPLIED, OR PR~J~IISE$ MADe., BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CI'T'Y OF SEBASTIAN. ·. ·DATE Sworn to and sub--re me by., '-~~\\ ~ -~'~.~cc~ _"-~\~ who is pemonally~r produced~ .... as identifi.cation, this }'~ .e~ay of ~ ¢o~.~J) , .1-~. L~UR1E L. B~OWN Notary Pubhc. Sl;.te :-f ~.l~w York NO. 01~R50~,4562 Oualilied m Chnton County ~ IForm CD-200'I Approved: 08,1'27197 Revision: Pa~'e 3 ~f 3 ' ' Development Application File Name: Dca C. Description of proposed activity and purpose of the requested permit or action: To locate residence in center of lot, extending pool area into the 20' drainage easement by 10'. Prior to purchase of these lots we spoke with US Fish and Wildlife personnel in Veto Beach and they recommended we maintain a group of trees on the east side of the proposed residence and a group of trees on the west side of the proposed residence, no higher than 8' for scrub jay habitant. As you may know, scrub oaks are not lxansplantable. In February 2001, we spoke with Phil at the Sebastian Engineering Department and he recommended we proceed with the variance. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 REQUEST FOR ABANDONMENT OF EASEMENT May 2, 2001 Description of Easement to be abandoned: The north ten (10) feet of the rear public utility and drainage easement located on the south twenty (20) feet of Lots 22 & 23, Block 578, Sebastian Highlands Unit 17, less the west six (6) feet thereof. Location of Easement: 111 Athens Court, Sebastian, Florida UTILITY: Ralph Brescia, City Engineer FAX NO: 589-6209 · .~- ,.. ,. (signature). COMMENTS: /Z~'~ <-///~'~'1:, ../.~,//r.,~/e ~ f;©q .-~ / . c Ream to: Do~ Boswo~, Ci~ of Sebasti~, Gro~ M~agement Dep~ent Fax No. (561) 589-2566. / ~4¥ / i City of Sd~astien 1225 ~ $~ET ~ SEBAS~, ~O~A 32958 TE~PHO~ (561) 589-5537 U F~ (561) 589-2~66 REOUEST FOR AB, ,M~ONM~NTOi~ EASEMENT May 7, 2001 Description of .tlaiement to be sbandone~: Tl~e north ~cen (I O) feet ofllle rear public uglky e_nd drainaga e~ement located on the isouth twenty (20) f~t of Lots 22 & 23, Block 578, Sebastian Highl~ds Unit 17, less the west six (6) feet thereof. Location of Easement: 111 Athos Court, Sebaatiau, Florida UTILITY: Iievin N. Osthus, I-R.C. Utilitic~ FAX NO: 770-5143 APPP.0VED: ~ DENIED: DATE:~ APPR. OVED'rDtgNIED B Y: ,~_/-~,r. ~ ~ COMMENTS: (sign~tu~) Return to: Dorri Bosworth, City of.%ba~tian, Growth Management Depart.vnent Fax No. (561) 589-2566, BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 BELLSOUTH Billie C. Graenlief General Manager-Network Operations Indian River Division 561 468 9970 Fax 561 466 4705 May 8, 2001 George Bonnacci City of Sebastian 1225 Ma/n Street Sebastian, Florida 32958 RE: VACATE EASEMENT l! Dear Mr. Bonnacci: Per your request, BellSouth has no objections to the abandonment of the utility easement as described herein: The north ten (10) feet of the rear public utility and drainage easement located on the south twenty (20) feet of Lots 22 & 23, Block 578, Sebastian Highlands Subdivision Unit 17, less the west six (6) feet thereof. For further ass/stance, please contact Kirk Walker at 561-468-5538. Yours truly, General Manager cc: Kirk Walker City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 ....REQUEST FOR ABANDONMENT OF EASEMENT May 7, 2001 Description of Easement to be abandoned: The north ten (10) feet of the rear public utility and drainage easement located on the south twenty (20) feet of Lots 22 & 23, Block 578, Sebastian Highlands Unit 17, less the west six (6) feet thereof. Location of Easement: 111 Athens Court, Sebastian, Florida UTILITY: APPROVED: Pedro Rubiera, FPL ~'~ DENIED: FAX NO: (561) 489-6224 DATE: APPROVED/DENiED BY: COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (561) 589-2566. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT May7,2001 Description of Easement to be abandoned: The north ten (10) feet of the rear public utility and drainage easement located on the south twenty (20) feet of Lots 22 & 23, Block 578, Sebastian Highlands Unit 17, less the west six (6) feet thereof. Location of Easement: 111 Athens Court, Sebastian, Florida UTILITY: ~rter Communications APPROVED/DENiED BY: / t,," %i ature) COMMENTS: FAX NO: DATE: 589-3872 Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (561) 589-2566. Subject: Florida Department of Corrections/Interagency Agreement Agenda No. 01.142 Department Origin: City Manager Date Submitted: 5/15/01 For Agenda off 5/93/01 Exhibits: Interagency/Public Works Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: SUMMARY The Florida Department of Corrections, is requesting renewal of their Interagency/Public Works Agreement between the State of Florida, Department of Corrections, Indian River Correctional Institution and the City of Sebastian (Police Department) which will provide support to the community as well as a productive opportunity for inmates. RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between the State of Florida, Department of Corrections, Indian River Correctional Institution and the City of Sebastian (Police Department) which will provide support to the community as well as a productive opporttmity for inmates. FLORIDA DEPARTMENT of CORRECTIONS An Affirmative Action/Equal Opportunity Employer 7625 17~ Street, S.W. * Vero Beach, Florida 32968, Telephone: (561) 564-2812 * F~64-2580 Goveraor JEB BUSH Socr,tary MICHAEL W. MOORE http :l/www. dc.state.fl.us May 9, 2001 Mr. Terrence Moore City Manager 1225 Main Street Sebastian, Florida 32958 Rei !nteragqncY/Public Works Agreement Dear Mr. Moore, In accordance with Florida Statute 946.40 and Florida Administrative Code, Chapter 33-601.201 and 33-601.202, the attached agreement is submitted for your review and signature. The contact persons overseeing this program at Indian ·River Correctional Institution are Mr. J. Johnson, Assistant Warden and Lieutenant Linda Cochenour. They can·be contacted at 564-2846,and 564-2787, respectively. The Department continues to have as one of its goals, work programs that provide support for the community as well as productive opportunities for the inmate population. We are pleased to participate with you in ·this program and request that you contact us, at any time, if you have concerns or questions about the execution of this agreement. /~espectfully,.. ' / Jo~eph~us Johnson, Waraen Indian River Correctional Institution JJ/LC/lc cc: Jim Johnson, Assistant Warden FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCY/PUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) This Agreement made and entered into this 30th day of May 2001, by and between the State of Florida, Department of Corrections, through its institution/facility, Indian River Correctional Institution (hereinafter referred to as "Department"), and the City of Sebastian Police Department (hereinafter referred to as Agency"), is done so in accordance with Section 946.40 Florida Statutes and Florida Administrative Code Rule Chapters 33-601.201, Inmate Work Programs and 33- 601.202, Use of Inmates in Public Works. The duration of this agreement is from July 1, 2001 to June 30,2002. mo/dd/w mo/dd/w Work performed under this Local Agreement is detemained to be value added or cost savings as defined in the Cormnunity Work Squad Manual (cheek one). X Value Added __ Cost Savings I. DEPARTMENT'S RESPONSIBILITIES The Department agrees to pro,tide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "N/A" to the left of the number. X 1. Screen inmates for the work to be performed to assign inmates who do not present a danger to property or persons. X 2. Provide up to 7 inmates each workday for the period of the agreement. CommuniW custody ( ); Minimum custody ( ); Both ( X ). X 3. .Provide 1 vehicles and 1 to and from the work site. Correctional Officers each workday to transport inmates Provide Correctional Officer supervision of the work squad while performing work under this Agreement. X 5. Provide food and drinks for inmate lunches. X 6. Apprehend escapees and handle problem inmates. X 7. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. X 8. Administer all disciplinary action to be talcen against committed while under the supervision of the Agency. inmate(s) for infractions Inmate Labor Agreement Page 2 of 4 X 9. Provide for medical treatment of ill or injured inmates and transportation of such inmates. N/A 10. Conduct a background check, which includes a criminal history check, and obtain approval by the institut/on/facflity Warden or designee prior to authorizing Non- Department Supervisors to participate in training to supervise inmates. N/A 11. Pro,fide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department SUPervisor. N/A 12. Not/fy the Agency in the event an Agency employee fails to provide proper supervision of inmate(s). X 13. Provide inmates with all personal items of clothing appropriate for the season of the year. X 14. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check OUt. N/A 15. Other (attach additional page(s) if necessary). II. AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "N/A" to the left of the number. N/A 1. Provide the Department with a schedule of hours that inmates will be worked in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department. N/A 2. Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Agreement. Non-Department Supervisors may supervise Minimum and Medium Custody inmates. Each' Non- Department Supervisor must successfully pass a background check that includes criminal history check, and must be approved by the institution/facility Warden or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. DC6-246 (Revised 2-01) Inmate Labor Agreement Page 3 of 4 N/A 3. Provide transportation of inmates each workday to and from the work site. X 4. Provide all tools, equipment, materials and personal items such as gloves, robber boots, hard hats, etc., necessary and appropriate for performance of the work under th_is Agreement. X Ensure that licensing or permits are obtained if required for the work to be performed under this Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. ,,,X Immediately notify the Department in the event of an escape while the inmate is · under supervision of the Agency. Report any inappropriate behavior d/splayed by inmates or any inmate who fails to perform tasks in an acceptable manner. N/A Complete daily the Commun/ty Work Squad Activities Report, DC6-239 (to be provided by the Department) and submit the form on a weeldy basis to the Department. N/A Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render fn:st aid, within the scope of the supervisor's medical training, to work squad inmates and provide emergency health care and related assistance to the Department. N/A Provide inmates with a fifteen-minute rest break in the morning and aftemoon. Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. N/A 10. Provide an employee of the same sex as the medium custody inmate(s) to be immediately available to render assistance in cases where the squad supervisor is of the opposite sex as the inmate. N/A 11. Require each Non-Department Supervisor, approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. X 12. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in .tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. DC6-246 (Revised 2-0 I) Inmate Labor Agreement Page 4 of 4 X 13. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. 14. Other special considerations regarding activities of the work squad that may be III. SUSPENSION OR TERMINATION OF AGREEMENT The: Department .or the Agency may suspend or terminate this agreement with immediate written notice, in whole or in part, to the other party when the interests of the Department or Agency so require. Agreed to and signed this day of ,20_. FOR DEPARTMENT OF CORRECTIONS: Name: Title: Name: Title: FOR (name of agency receiving services): Name: Title: Title: DC6-246 (Revised 2-01) Telephone: (561) 567-8000 May 15, 2001 BOARD OF COUNTY COMMISSIONERS 1840 2$th Street, Vero Beach, Florida 32960-3365 Terrence Moore, Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re.* Request for Execution of Florida Communities Trust (FCT) Grant Extension, for County Acquisition of Scrub Habitat in Sebastian City Limits: "Wabasso Scrub Addition" (Southern ~5 Acres of Park Place) Dear Mr. Moore: I request that you execute and return to me the enclosed "Addendum 3 to Conceptual Approval Agreement" document relating to the County's FCT grant for purchase of the southern five acres of scrub habitat in Park Place (referred to as the "Wabasso Scrub Addition"). The sole purpose of the addendum is to extend the expiration date of the grant to allow the County more time to negotiate a purchase. The addendum has akeady been executed by the County and has been approved (pending execution) by the FCT. In January 2000, the Sebastian City Council approved the FCT Conceptual Approval Agreement (CAA) for the 50% cost-share grant. The CAA authorizes you to execute addenda to the CAA on behalf of the City. --. Once the originals are executed, please call me and t will send staff to pick them up. I w/Il then transmit the addenda to the FCT and will return copies to you once they are fully executed. Thank you for your assistance. If you have any questions, please let me know (567-8000, ext. 1258). Sincere~w.~ ,~;" ...~' Roland M. DeBlois, AICP Chief, Environmental Planning Enclosure: Addendum 3 (three originals) to the Conceptual Approval Agreement F:\Commmfity DevelopmenfiUserskKOLAND~LAAC\WAB SCRUB\WABADDkExtens3_¢ityltr, wpd The date of execution of this addendum shall be the date that the last party signs this addendum. iN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 3 TO CONCEPTUAL APPROVAL AGREEMENT. · INDiAN RIVER COUNTY FLORIDA COMMUNITIES TRUST Print Name: By:. Janice Browning, Executive Director Date: MarCh 20~ 2001 Approved as to Form and Legality: By: Print Name: w~u4~,~ ~.. Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel CITY OF SEBASTIAN By:. Print Name: Its:, Date: Approved as to Form and Legality: By:. Print Name: ADD 3/99-074-P9A 02/26/2001 Page 2 Contract No: 00-CT-D8-99-9A-A 1-074 FCT Project No: 99-074-P9A FCT Project Name: Wabasso Scrub Addition ADDENDUM 3 TO CONCEPTUAL APPROVAL AGREEMENT This ADDENDUM 3 to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNiTIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and l/X/DIAN RIVER COUNTY and CITY OF SEBASTIAN (Recipient), this day of ,2001. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the project site subsequent to its acquisition; WHEREAS, the term of the Conceptual Approval Agreement expires February 26, 2001; WHEREAS, the Recipient in accordance.with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(j), F.A.C., has timely submitted to FCT a written request for extension of the February 26, 2001 expiration date; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the Recipient. Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(j), F.A.C.; NOW THEREFORE. the FCT and RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 4., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before February 26, 2001. The Conceptual Approval Agreement by and between FCT and Recipient is hereby extended until August 28, 2001. ADD 3/99-074-P9A (02/26/2001 Page 1 HO~qi.E OF' ~*F.,LIC,~/~ IS~,edMP 1225 Uain Street Sebastian, Florida 32958 Telephone (561) 589-53:30 FAX (561) 589-5570 Subject: Use of Community Center for Wedding Reception Agenda No. 01.143 Department Origin: City Clerk~ Date Submitted: 5/11/01 For Agenda of: 5/23/01 Exhibits: Application Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The City has received an application from Juana Delapaz requesting use of the Community Center on June 23, 2001 for a Wedding Reception. As required by Ordinance No. 0-00-20, Section 74-8(e) (copy attached), she is requesting approval to serve alcohol and also to hold the event for more than eight hours ending at Midnight. RECOMMENDED ACTION Consider the request and act accordingly. HOMr OF PI~LICRN ISLAND CITY OF SEBASTIAN RENTAL PERMIT APPLICATION ~ COMMUNITY CENTER YACHT CLUB PHONE #~ i- ~qb~ M_A/LING ADDRESS: NAME OF GROUP OR ORGANIZATION: m Aso FoR R mX : ec,)d i no - I ~C~A~D ~ER OF PE~ONS AT~~G E~NT:...7~ . more than 75 a~n~ees, exWa du~ police officer se~ic~ are required ~-0i-13) PLEASE ANSWER YES OR NO: 1. Are You a Resident of Sebastian? 2, Will There Be Am Admission or Door Charge? 3. Will Alcoholic Beverages Be Served? (a) If answer to #3 is Yes, Permittee's proof of age:. Make checks payable to City of Sebastian (A service fee of 5% 'or $10.00, whichever is ~eater, may be charged for a dishonored check per City Resolution No. R-96-41) Office Use Only Non-Resident.. Total ................ $ .~,~.5', Tax .................. P. O. Services Total ............... $ SECURITY DEPOSIT .............. $250.00 RENT ............................. 7% ~TAX ...... POLICE OFFICER 5ERVICF..5 OFFICE USE ONLY DATE PAID RECEIPT NO. INITIALS Alcohol Beverage Request [] APPROVED [] DISAPPROVED Police Department Agreemem Conftrmed (if applicable) Key Pickup Date: Key Returned Date: Date Security Deposit Returned By City Checl~ For $ On.' (d) Prohig~ted uses. No permit sh~ be granted for the commercial use of a Public-Use Facility, although fund-raising for non-profit organizations shall be allowed subject to Council approval as set forth he]ow. In the event that gambling activity is bca part of the permitted use, the CiVy Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (e) Councilapj~rovaI. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility for greater eight hours' or after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the penuit can only be issued upon approval of the City Council. (f) City Manager approval. Other than permits requiring Council approval, the City M2mager shall issue a use permit for a Public-Use Facility upon a determination that the same is consistent with the public interest and in accordance with applicable law. The perm/t shall be conditioned upon compliance with all applicable laws and regulations, posting of a security deposit covering potential expenses from clean-up md c~amage in an mount established by resolution of Council and, if the permitted activity requires the use of additional City resources, adequate precis/ohS to off-set such associated costs. The Manager may knpose such other reasonablt" conditions as are necessary to protect the public interests. (g) Xpp~[ A decision of the City M_auager to deny, or to gr~ut with conditions, an application made pursuant to this section may be appealed by the al~plicant to the City Council. The appeal shall Specif the grounds for the appeal and shall be in writing flied with the city clerk and shM1. be heard at the CounciPs next regUlar meeting. The City Council shall atTm-n, reverse or modify .the decision oft]he City Manager. The decision of the City Council shall be final. Section 9. That the Code of Ordinances, City of Sebastian, lVlorida is hereby amended to create a new section to be numbered section 74-9 which shall read as follows: Sec. 74-9. Claims against security deposit. All or part of the security deposit for any permit issued under this Article shall be forfeited to the City if it is determined by the City Manager that ach-compliance with the terms of this Article .or conditions of the permit ocmn-red, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the mount of estimated damages md shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either .physical REOEIVEI~ ~ITY OF SEI~STIAN' ~)FFIO5 OF OIT~:]~_~e Barto~ 492 Avocado Ave. Z~]! ~]~]~' lS p~.:~,ian, Fl. 32958 Sebastian City Council, & Planning & Zoning Commission, May 15th.,2001 It has been my pleasure & a learning experience serving on the planning & zoning commission since appointment last Aug. 23rd. 2000 I applied & attended city council meeting as requested seeking regular member position Mr. Ken.Bishop / Vice Mayor gave me a lesson in good old Boy politics !! Therefore, with no regrets i am tendering my resignation as an alternate Member of the Planning & Zoning Commission. Sincerely, Clarence Barton Page 1 City of Sebastian Subject: Planning & Zoning Commission Apprp~ved for.,Submitted_~.bE: ~C.j~ Manager ExhibR~: application, bo~rd member list, ~dvertisement Expenditure Required: I Amount Budgeted: I Agenda No. Department Origin: Date Submitted: For Agenda of: 01.009 City Clerl~¢~ 5/16/2001 5/23/2001 Appropriation Required: SUMMARY STATEMENT The Planning & Zoning Commission has an alternate member position open due to the recent resignation of Clarence Barton. Since Emil Svatik, Jr. was interviewed at the last Council Meeting and also once before for this board and there are no other applicants to consider, the City Attorney agreed that Mr. Svatik could be appointed to this alternate position without readvertising at this time, RECOMMENDED ACTION Waive interview since Mr. Svatik will not be present due to vacation plans. 1. Alternate member position of Clarence Barton - unexpired term to expire 11/2001 ~us~x,~ss: {4 tx e.G. ~5' Co .,q:, ...... HOW LONG ~ YouB~ A ~S~ OF S~~? OF ~0 rtl PPLICABLE EDUCATION AND/OK EXPeCt: (~h ~p~rat~ ~.,m=nc Lf ~sary) .KEASONS FOR WANTING TO SEKV~ ON BOARD OR COMMITTEE: ~0~? ~ O i t~'~by ~ t.b~t I ~ qu,~li.~l.t~ ~h~ld tl~ ~si8~ for w~ au~ ~: CiU ~ Scb~fi~ m bv~figa~ ~c ~ ~ ~ ~o~ation w~ I have pr~ ~-~s. apph~ I ~~d ~ ~ ~p~m~fion or o~s~on of'~omafi~ app~fion is ~ for · I'~V: %~ p~i~ ~ ~ ~ ~d CiF tS~b~fim C~ of ~i,,,,~ S~om 2-166 ~ou~ N ~ CC 725840 PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND ADDRESS Kelly Mather 733 North Fischer Circle Sebastian, FL 32958 589-6287 Jean (Brantmeyer) Vescia 1742 Starfish Lane Sebastian, FL 32958 589-3516 Charles C. Barrett, Jr. 357 Tunison Lane Sebastian, FL 32958 589-7755 William Mahoney 207 Delaware Avenue Sebastian, FL 32958 589-8524 Richard S. Smith 787 Carnation Ddve Sebastian, FL 32958 388-6142 Jean F. Carbano 433 Betty Avenue Sebastian, FL 32958 581-1397 H 567-9154 W Gene A, Rauth 732 Cleveland St, B-15 Sebastian, FL 32958 388-9403 H APPOINTMENT HISTORY Appointed to Regular Member Position Vacated by Scott Mathis: 1/12/2000 Term to Expire: 1/1/2001 Is in 2nd Regular Member Year Appointed to Unexp. Alternate Position Vacated by Schulke Term to Expire: 1/96 Appointed to Unexp. Regular Member Position Vacated by Goldstein: 11/95 Term to Expire: 4/96 Reappointed to Regular Member Position: 5/96 Term to Expire: 4/99 Reappointed to Regular Member Position: 4/14/99 Term to Expire: 4/2002 Is in 2~ Pull Term and 6~h Regular Member year Appointed Unexpired Regular Member Position Vacated by Fischer: 1/27/99 Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 Term to Expire: 5/2002 1st Full Term - 3rd Regular Member Year Appointed to Alternate Member Position Vacated by Shirley Kilkelly: 11/18/98 Term to Expire: 11/1/200.1 Appointed to Regular Member Position Vacated by Pliska: 111212000 Term to Expire: 2/1/2002 Is in 2~ Regular Member Year Appointed to Alternate Member Position Vacated By Mahoney: 2/23/2000 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated By Gerhold: 7/26/2000 Term to Expire: 6/1/2003 Is in lst RegularMember Year Appointed to Alternate Member Position Vacated by Evely: 2/23/2000 Term to Expire:l/I/2002 Appointed Regular Member Position Vacated by Schulke: 12/21/2000 - Term to Expire:6/2001 Is in 1st RegularMember Year Appointed to Alternate Member Position Vacated by Carbano: 1/10/2001 Term to Expire: 1/1/2002 Appointed Regular Member Position Vacated by O'Donnell: 5/9/2001 Term to Expire: 11/2002 Is in ~'~ Regular Member Year 87 Clarence Barton - Alternate 492 Avocado Avenue Sebastian, FL 32958 589-.4917 H 589-4931 Fax William Verge - Alternate 688 Collier Lake Circle Sebastian, FL 32958 388-0170 Appointed to Alternate Member Position Vacated by Richard Smith: 8/23/2000 Term to Expire: .11/1/2001 (Resignation Letter submitted) Appointed Unexpired Alternate Member Position Vacated by Rauth: 5/9/2001 Term to Expire: 1/'1/2002 Staff Liaison - Growth Management Director Board Secretary - Dorri Bosworth City of Sebastian, Florida Subject: New Marquee Sign for Riverview Park /qkppro~ved for Submittal by: I ~ren/ce ~l_/~~/~~../"~'"~ · ,.:~ Agenda No. 01.137 Department Origin: Parks Supt. Chris McCarthy Dept. Head:~_~~c q~,-~ Finance: // ~j~/.~ .......... c/ Procurement: ~/~/~..-..----.---~- Date Submitted: 05/17/2001 For Agenda of: 05/232001 Exhibits: Hlustration EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: $9,400,00 $11,000.00 REQUIRED: N/A SUMMARY The Parks and Recreation Division of Public Works would like to purchase a marquee informational sign for Riverview Park. The sign was budgeted for in the Riverfront Redevelopmem Fund Capital Outlay for fiscal 2000 -01. The sign can be purchased from Curt Oxford Wood Carvings of Sebastian, Fl. for $9,400.00. Public Works employees will install landscaping at the bottom of the sign on both sides and lighting to illuminate the sign. The sign conforms to our Riverfront Overlay District sign codes. RECOMMENDED ACTiON Move to waive formal bidding procedure and purchase marquee informational sign for Riverview Park from Curt Oxford Wood Carvings of Sebastian, F1 for $9,400.00. For Agenda of: Exhibits: Letter to FDOT (5-03-01); R-01-42, T~qo JPAs Previously ApproVed EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 0 $ 625,000 REQUIRED: N/A Seba_ __stian___ , Florid a Subject: Change in Purpose of FDOT Grant Agenda No. __ //~ ~~f. or Sub~.~b~y3../ _ Department Origi~ ~ Moor/gC?i~V~a~ Dept. Hea~l { [ // /~. ~2/~,/// / ,,. Finance: ~ ~ ~1 .'//~ -'~~.//// ~ '//~'~ General ServiCes' Date Submitted: 5/17/01 05/23/01 SUBiMARY As you are aware, last year the City of Sebastian accepted a grant from the Florida Department of Transportation (FDOT), Aviation Section in the amount of $500,000 for the rehabilitation of airport taxiways. Recent developments in the Airport Master Planning process have indicated that an increase in airport revenues is needed to be able to fund vital, future improvement projects. Due to the high demand for aircraft storage units (called T-hangars) in this region, it has been determined that the most practical way to sufficiently increase airport revenues is to construct these units. Considering the above information, the FDOT, Aviation Section has agreed to alter our existing. Taxiway grant from pavement rehabilitation to construct T-hangars, with an additional modification to our runway lighting grant. The changes will be as follows: The Taxiway rehabilitation grant will be reduced from $500,000 to $425,000 and the description changed from "Rehabilitate Airport Taxiways' to "Construct T-Hangars'. The Install Runway Lighting Grant will be supplemented with the remaining $75,000 to cover the anticipated increase in project.costs discussed during the April 25, 2001 City Council meeting. These figures total the original $500,000 for taxiway rehabilitation, which represents 80% of the total project cost. As wis the case before this change, the remaining $125,000 for both projects will be funded from the Airport Enterprise Fund. RECOMMENDATION Move to approve Resolution R-01-42 to change the use of FDOT.. grant money fi'om "Taxiway Rehabilitation' to "Construct T-hangars' and "Install Runway Lighting'. HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 May 3,2001 Rebecca L. Rivett Aviation Specialist Florida Department of Transportation Public Transportation Office 3400 W. Commercial Blvd. Fort Lauderdale, FL 33309-3421 RE: 407345-1-94-01 Rehab Airport Taxiways VIA FACSIMILE Dear Rebecca, I am writing this letter to request that the above referenced project be changed from Rehab Airport Taxiways to Construct T-Hangars. As you may be aware, this grant was accepted 'by the City of Sebastian last year, with the retention of rehabilitating Taxiway Foxtrot. This has been. a priority of Sebastian Municipal Airport for many years. With recent developments of the updated Master Plan, it has been determined that Sebastian Municipal Airport is approaching a critical condition, more specifically with respect to the financial ratios of facility requirements versus anticipated revenues. Simply put, it may not be possible to continue desperately needed development projects without a significant increase in airport revenues. With that in mind, it became necessary to revisit our current development projects and detemuine which can be modified to adch'ess this imperative situation. Though the need to rehabilitate Taxiway Foxtrot still exists, to continue with this project as granted may jeopardize vital future improvements to the extent of making them not possible. Due to the local, high demand for T-hangars, the most logical action to increase airport revenues is to request that the above referenced project be amended to allow us to construct T-hangars. This will provide an adequate revez~ue base to sustain our future development needs and enable Sebastian Municipal Airport to become more economically self-sufficient. Considering all of the above information, the City of Sebastian herby formally requests that the $625,000 total project amount for Rehab Taxiways be amended as follows: "An Equal Opportunity Employer" Celebrating Our 75th Anniversary $75,000 placed into project 408783-1-94-01 Install Runway Liehtinl~ and Fencing. This will allow for an anticipated total construction cost of $210,000 to be adequately funded. $550,000 (remaining amount) changed from Rehab Airport Taxiways to Construct T-Hangars. This will allow for vital improvements to be constructed at Sebastian Municipal Airport in the future. If any additional infom~ation is required, please contact me at 561-581-0111. Thank you for all of your. time and consideration of this matter. Sincerely, -"~Jason Miiews~a~------ ........................ Airport Manager cc; Terrence Moore, City Manager Mark Mason, Finance Director Doug DiCarlo, Project Manager, The LPA Group, inc. Mohsen Mohammadi, P.E., The LPA Group, Inc. RESOLUTION NO. R-01-42 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN AMENDMENT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENTS; REDUCING THE AIRPORT TAXlWAY GRANT FROM $500,000 TO $425,000 AND ITS DESCRIPTION FROM "REHABILITATE AIRPORT TAXlWAYS" TO "CONSTRUCT T-HANGARS"; SUPPLEMENTING THE "INSTALL RUNWAY LIGHTING" GRANT WITH THE REMAINING $75,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDED JOINT PARTICIPATION AGREEMENTS EFFECTING THESE CHANGES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian obtained grant funding in the amount of $500,000 for a total project cost of $625,000 from the Florida Department of Transportation for the purpose of funding the rehabilitation of airpod taxiways, including lighting, marking and signage; and WHEREAS, the City of Sebastian obtained grant funding in the amount of $108,000 for a total project cost of $135,000 from the Florida Department of Transportation for the purpose of funding installation of runway lighting (MIRL) and airfield security; and WHEREAS, City Council concurs that it is in the best interest of the City to construct T-Hangars at the Airport, and that additional funding is needed for runway lighting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section '1. City Council concurs with reducing the Taxiway Rehabilitation Grant from $500,000 to $425,000 and changing the description from "Rehabilitate Airport Taxiways" to "Construction T-Hangars". Section 2.City Council concurs with supplementing the "Install Runway Lighting" grant with the remaining $75,000 to cover the anticipated increase in project costs. Section 3. The City Manager is hereby authorized to execute any amended Joint Participation Agreements with the State of Florida Department prepared to effect the above descdbed changes. Section 4. repealed. Section 5. The foregoing Mayor Walter Barnes All Resolutions or parts of Resolutions in conflict herewith are hereby This Resolution shall become effective immediately upon adoption. 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: Councilmember Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of May, 2001. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-O30-06 PUBLIC TRANSP ADMIN 07/00 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 407345-1..~84~01 (Item-segment-phase-sequence) CentractNo: ,zT.~' ~,,O, Fund: Function: Federal No: Catalog of Federal Domestic Assistance N umber. DS 637 FLAIR Approp: 08871~) FLAIR Obi.: 790007 erg. Code: 55042010428.... Vendor No: VF 59600042700{~... Catalog of State Financial Assistance Number. 55004 THIS AGREEMENT, made and entered intothis dayof SEP 5 2000 by and between the STATE OF FLORIDA DEPARTMENT OF T~NSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and The City of sebastian hereinafter referred to as the AGENCY. WlTNESETH: 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 F.S. 332,006 (6) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of.Agreement: The purpose of this Agreement is to Rehab Airport Taxiways, Including Lighting, Marking & Signage 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 725-03O-O6 PUBLIC TRANSP ADMIN 07/0Q 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 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 $ 625,000.00 . 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 $ 500,000.00 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 (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. 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. 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-O3O-O6 PUBLIC TRANSP ADMIN 07/00 Page3of 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 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 itsexisting 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 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 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: All 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 federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. Audits shall be conducted under the guidelines ofA-133, Section 216.349, Flodda Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years' beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the eadier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. FORM 725-030-06 PUB,t.lC TRANSP AOMIN 07100 Page 4 of 12 The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: ,~ Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Flodda Auditor General P.O. Box 1735 " Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 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, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 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. 8.1'1 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 (1) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. FORM 725-O3O-O6 PUBUC TRANSP ADMIN 07100 Page 5 of 12 (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 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 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 previded 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. 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 forwork 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. FORM 725-O3O-06 PUBLIC TRANSP ADMIN 07100 Page6of 12 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 carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have. arising out of this Agreement. 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 material 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 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 dght to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 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 Attorney shall 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. FORM 725*030-06 PUBLIC TRANSP ADMIN 07/00 Page 7of 12 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 origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commemial 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 Tire 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 origin, 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 govemment issued thereunder, and the assurance by the Agency pursuant thereto. 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 dudng 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. FORM 725-030-06 PUBLIC TRANSP ADMIN 07100 Page 8 of 12 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 Ag reement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. ' 14.20 Department 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 right 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 remainderwould 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. apprcpdate 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. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees thatthe 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 orequipment 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 FORM 725-~30.,06 PUBLIC TRANSP ADMIN 07/00 Page 9of 12 expense arising 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. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Flodda 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, Flodda 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. '1 $.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 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. 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.t0 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 it..s.~.. FORM 725-03O-06 PUBUC TRANSP ADMIN 07100 Page 10of q2 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 pdor to entedng 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 wl].ich 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 July 31,2002. If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time pedod is requested by the Agency and granted in writing by the District 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, andthe 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. 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 FORM 725-03O-06 PUBLIC TRANSP ADMIN 07/00 Page.11 of 12 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 enfomed unless the Agency requests payment. Invoices which have to' be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the DePartment of 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 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 for CATEGORY TWO for a pedod of 36 months from the date of being placed on the convicted vendor list." FORM 725,G30q36 PUBUC TRANSP ADMIN 07100 Page 12of 12 Financial Project No. 407345-1-84-01 Contract No. .A.:.Z'..~.~, ~ Agreement Date ~ ~ ~ ~.,, .... r_ IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT The City of Sebastian ( TITLE: ~(S~L) APPROVED AS TO FORM, LE~LI~ COMPTROLLER FUNDING APPROVAL DATE: A'J~ 3~ i2,,000 ATTO~,NE.~'~ ' DEPARTMENT OF T~__..N~PORTATION L~r'~, OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: Fin. Proj. No.: 407345-1-84-01 Contract No.: ,,~_Tc~,~ Agreement Date: .. ~I~ ~' 2000 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 The City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Rehabilitate Airport Taxiways Including Lighting, Marking & Signage 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. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 407345-1-84-01 Contract No.: Agreement Date: ~:~ ~ 20j~ 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 The City of Sebastian L TOTAL PROJECT COST: $625,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-I~nd Cash Other IVla.~mum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA)(DFTA) Local Reimbursable (DL)..., 0.00% $o 20,00% 80.00% $0 $125,000 $o $600,000 $o III. TOTAL PROJECT COST: $625,000 EXHIBIT "C" (GENERAL) Fin. Proj. No.: 407345-1-84-01 Contract No.: ,4~'~4,,,0. Agreement Date: ~p.. .~000 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department. of Transportation and The CiW.. of Sebastian Documents required to be submitted to the Department by the Agency in accordance with the terms of this Agreement. SUBMITTAL/CERTIFICATION Consultant Selection Compliance Design Submittal ** 90% 100% Construction/Procurement Contracts Safety Compliance Release for Notice To Proceed Annual Audit Reports Completion per Specifications BASIS FOR ACCEPTANCE Agency Attorney's Certification Department Comment Department Letter Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification Plans, Specifications, Engineering Reports Two (2) sets (1 Full Size & 1 1 lx17 Size) to be sent directly to: Matthew J. Thys Aviation Supervisor Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 FP No.: 407345-1-84-01 Contract No.: ,4~,e~,~,g~ 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 The 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 N._.QO federal funds. .b. 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 fome 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. Ill. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: 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 rights 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. it will adequately clear and protect the aedal 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 dghts 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 aedal 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030-06 PUBLIC TRANSP ADMIN 01/00 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 408783~1-94-01 (item-segment-phase-sequence) WPI No: N/A Contract No: .~:~ e~c, ....... Fund: DS Function: 637 Federal No: .. N/A Catalog of Federal Domestic Assistance Number: N/A SAMAS Approp: 0887! 9 SAMAS Obj.: 790007 Org. code: 55042010428 Vendor No: VF 596000427008 THIS AGREEMENT, made and entered into this day of iJt~N ~_ ~ 2000 ,19 ..... 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) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: '1.00 Purpose of Agreement: The purpose of this Agreement is to install runway lighting (MIRL) and airfield security fencing with gates. 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 725-030-436 PUBLIC TRANSP ADMIN 01/oo 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 attached hereto and bythis 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 $ '13s,oq..o.oo ~ . 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 $.. 108,000.00 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 ten'ns of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authorf[y 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: P, etainage ~ (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 bythe Agency and approved bythe 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 72,~ PUBLIC TRANSP ADMIN 01/00 Page ~ol' 12 6.20 PaYment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the yearthe 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 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 pureuantto 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 affributable 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 respectto any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: All 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 federal agency, state grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. Audits shall be conducted under the guidelines of A-133, Section 216..349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. FORM PUBLIC TP. ANSP ADMIN 01/{30 Page 4 of 12 The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to; State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 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, District Four Public Transportation Office 3400 West Commercial B.Ivd., Fort Lauderdale, Florida, 33309-3421 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, Florida Statutes. 8.13 (1) (2) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. FORM 725-03O-O6 PUBLIC TRANSP ADMIN 01/00 Page 5 of 12 (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 tothe performance bythe 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. 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 bythe 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. FORM 725-03O-06 PUBLIC TRANSP ADMIN 01/00 Page 6 of 12 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 promptlyto carry outthe 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 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 adsing out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal bythe contractor or Agency to allow public access to all documents, papers, letters, or other matedal subject to the provisions 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 contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to auditthe 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 wdt'ing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation fundsl 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 approve or disapprove the employment of the same. 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 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 23, 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 23, 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 23, 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 FORM 725-030-06 PUBLIC TRANSP AOMIN 01/00 Page 7 of 12 necessary and reasonable steps in accordance with 49 CFR Pa. rt 23, 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 origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their racel 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 prevision 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 contractore 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 -Civii 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 origin, 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 bythe Agency pursuant'thereto. 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 pdor 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 during 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, orto any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 interest of Membere 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 arising therefrom. FORM 725-030-06 PUBLIC TRANSP ADMIN Page 8 of 12 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 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 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. 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 bythe Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 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 orequipment during its useful life for any purpose except its replacement with like facility or equipment for public transpodation 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 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. FORM 725-030-06 PUBLIC TRANSP ADMIN 01/(30 Page 9 of 12 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 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 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), Florida 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 forthe 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 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 andwill issue tothe 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 bythe 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 aterm fora 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 FORM 725-O3O-06' PUBLIC TRANSP ADMIN 01/00 Page 10 of 12 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 JuN 31, 2002 . 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 bythe Agency and granted in writing by the District 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 period will not be paid. 19.60 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. 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 ora 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 orthe 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 FORM PUBLIC TRANSP ADMIN Page 11 of 12 invoice amount to the Agency. The interest penalty provision applies after a 35 daytime 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 properly 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 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 for CATEGORY TWO for a pedod of 36 months from the date of being placed on the conVicted vendor list." FORM 725-O30~6 PUBLIC TRANSP A[)MIN 01/~0 Page 15 of 12 Financial Project No. 408783-1-94-01 Contract No. A~/,,,~.. ~ · .... Agreement Date ~l~lt: ~. o Luuu IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above wdffen. AGENCY CITY OF SEBASTIAN TITLE: ~/~ ~ ~ .(S~L) APPROVED AS TO ~, LEGALITY FDOT COMPTROLLER FUNDING APPROVAL DATE:,,,,, ,, ...... ~/ ""' - ATTORI~E'Y-/~' DEPARTMENT OF TRAN~)RTATION OR DIRECTOR OF PLANNING & PROGRAMS FP No.: 408783-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement betw.een the State of Florida, Department of Transportation and CITY OF SEBASTIAN PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Install Runway Lighting (MIRL) install Airfield Security Fencing with access gates 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. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FP No.: 408783-1-94-01 Contract No.: Agreement Dat~: .~_111 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: $135,000 II. PARTI CI PATI ON: Federal Partidpation: FAA, FTA, UMTA, etc. Agency Partidpation: C Sh Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) o.oo% 20.00% $108,000 $o $o III. TOTAL PROJECT COST: $135,000 EXHIBIT "C" (GENERAL) FP No.: 408783-1-94-01 Contract No.: ,4~..3 Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and CITY OF SEBASTIAN Documents required to be submitted to the Department by the Agency in accordance with the terms of this Agreement. SUBMITTAL/CERTIFICATION Consultant Selection Compliance BASIS FOR ACCEPTANCE Agency Attorney's Certification Design Submittal ** 90% ~ 100% Department Comment Department Letter Construction/Procurement Contracts Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice TO Proceed Department Letter Annual Audit Reports Agency Certification Completion per Specifications Agency Certification Plans, Specifications, Engineering .Reports Two (2) sets (1 Full Size & 1 11x17 Size) to be sent directly to: Matthew J. Thys Aviation Supervisor Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, Flodda 33309-3421 FP No,: 408783-1-94-01 Contract No.: ~ Agreement Date: ~ 2~;~000 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. 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: 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. bo 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 rights 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. go It will adequately clear and protect the aedal 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, Subject: Authorize Purchase of Audio & Video Equipment for the City Council Chamber. Terrence R.~l~oore, City Manager Florida Agenda No. 01.07 Department Origin: ~l ~[n'vice~inis~toI Ci~ Clerk's Offic~ Fin~ce Dept.' ~ _.. Date SubdUed: May 16, 2001 For Agenda of: May 23, 2001 Exhibits: Quote Tabulation Form EXPENDITURE REQUIRED: $12,047.50 IAMOUNT BUDGETED: JAPPROPRIATION REQUIRED: $12,047.50 SUMMARY On April 25, 2001 City Council approved an Interlocal Agreement between the City of Sebastian and School District of Indian River County, "school board" to provide technical expertise for television production, at an agreed upon fee, (live cablecast of meetings, etc.) The obligation of thc City is to provide the relative equipment. The City Purchasing Division researched the Pro Video/Audio equipment suppliers & obtained quotes on the equipment recommended by Mr. Reginald Reynolds, TV Production Instructor, Sebastian River High School, as shown in the Quote Tabulation Form attached. In order to implement a more timely installation of this program, informal quotes were obtained in lieu of sealed competitive bids as required by code. Pro Video Sales Company, Boca Raton, Fl., quoted the lowest price on the required equipment $12,047.50. Therefore, staffrecommends contract award to this fu'm. RECOMMENDED ACTION Move to waive competitive sealed bidding procedures for this procurement & award contract to the low bidder Pro Video Sales Company, in the amount of $12,047.50, for audio & video equipment, & authorize staffto execute an agreement for same. Move to appropriate $12,047.50 l~om the Non Departmental Contingency Fund for the purchase of the equipment. Ol~ OF HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 City of Sebastian, Subject: Cemetery Arches Florida Agenda No. 0t. 145 Department Origin_: Finance Dept.: ~ General Services: ~,,/~.~~ Date Submitted: 05/11/01 For Agenda of: 05/23/01 Exhibits: Bid Tabulation EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $22,566 $ 26,635 REQUIRED: SUMMARY The existing Cemetery arches and Gates have deteriorated over the years, and need refurbishment. Therefore, sealed bids were received to furnish m~d install new arches and refurbish the existing gates at the Sebastian Cemetery. The low bidder was Coastal Ornamental and Iron Works in the amount of $22,566. The funds for this improvement will come from tl~e Cemetery Trust Fund. References were checked and came back positive. Staff recommends contract award to Coastal Ornamental and Iron Works. RECOMMENDED ACTION Move to award contract to low bidder Coastal Ornamental mhd Iron Works, in the mnount of $22,566, for the installation of new arches al~d refurbish existing gates at the City Cemetery, and authorize staffto execute an agreement for same. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary HOM~ 'OF .PF. LICA~ City of Sebastian, Florida Subject: Bid Award, Aquatic Weed Control City Mana~ger Agenda No. 01.146 Department Origin: ~~ ~ener~l Servic~ r~minLqtrator Public Works Directo~<~r~~.. ~ Finance Director J~ ,SrOBUmrromv Date Submitted: May 14, 2001 For Agenda of.' May 23, 2001 Exhibits: Bid Tabulation EXPENDITURE REQUIRED: N/A AMOUNT AVAILABLE: N/A APPROPRIATION REQUIRED: N/A SUMMARY Our current Aquatic Weed Control Contract has expired, which encompassed certain canal and ditch aquatic weed control City wide. Sealed Bids were received for canal and ditch aquatic weed control, and in addition, road surface, road edge, and Stonecrop Basin weed control. In order to take advantage of cost savings this Bid was made a multiple vendor bid award as follows: Applied Aquatic Management. Inc. a. Ditch Weed Control b. Road Surface & Road Edge Weed Control II. Aquagenix/DeAngelo Broth.eps., Inc. a. Canal Weed Control b. Stonecrop Basin Weed Control The term of the Contract will be for one (I) year, with automatic extensions thereof absent delivery by either party at least thirty (30) days before each anniversary date of written notice of its intent to terminate, with a maximum extended period of three (3) years. References were checked and came back positive. Therefore, staff recommends bid awards as shown above. RECOMM ENDED ACTION Move to award contracts to Iow bidders Applied Aquatic Management, Inc., & Aquagenix/DeAngleo Brothers, Inc., for aqua~c weed control, in the unit amounts specified in the Bid Tabulation Form, & authorize staffto execute service agreements for same. HOME OF: P E MCAN ISLAJ4D City of Sebastian, Florida Subject: Change OrdeflContract Extension Asphalt Recycling Inc. ~~~. ~, /f/~f°r'' S'u'bmifptal~ Agenda No. 0]..046 Department Origi · ng~ir~ Dap t, Head: :~lf.~,,~~..f_,~¢, Finance: ...... Procurement: !'~._ J~,~._,~_~ Date Submitted: 05/07/01 For Agenda of: 05123101 Exhibits: Change Order #2 EXPENDITURE REQUIRED: $110,000 BUDGET AVAILABLE: $700,000 APPROPRIATION REQUIRED: $60,918 SUMMARY The firm of Asphalt Recycling, Inc. of Melbourne Beach is currently under contract with the City to provide in place recycling for base material on selected paving projects. This method was used with good success on Barber Street North of CR512, Schumann Drive west of US1, and most recently on Barber Street, west of the FEC Railroad tracks to Pelican Island Drive. Staff is looking at utilizing this process on North Central Avenue, Fleming Street, Easy Street and Orange Avenue at a total cost of $110,000 including contingencies. .Based upon current staff surveys of the City's roadway system, it is anticipated at this time that these roads will be the last roads to use this type of recycling preparation. At present, approximately $700,000 is available for the paving program of which .$49,082 is specifically appropriated to Asphalt Recycling, Inc. In order to complete these four roads as indicated it will be necessary to appropriate $60,918 for change order #2 to the Asphalt Recycling, Inc., Purchase Order dated 10/15/99. RECOMMENDED ACTION Move to approve change order #2~ to Asphalt Recycling, Inc. contract and appropriate $60,918 for same. CiTY ©F,.,,. EBAST AN C ,Lq .NGE. ORDER FORM CHANOE ORDER # 2 PURCHASE ORDEP, # 26 i 2 CONqSL~CTOK ASPHAIJT RECYCLING ADDtLE~S · P.O. BOX 510875 MELBOURNE BEACt{, PROJECTNANfE RECYCLING - PAVING PROGRAM MIOJECT # C 8308 PHObT~ # 1-321-951-0129 CONTRACT NAlvfE FL 32951-0875 CONTRACT DATE a p~ of ~ Con~acz id~ ~bov~, ~d ~' ~ t~ ~d con~do~ of s~d Con.nc: ~ =joined ~d m ~ forc~ w~ R~CYCLING PREPaRaTiON FOR B~SE FOR N. CENTRAL ~VE. ~ FLEMING ST..~ EASY ST., ORANGE AVE. CON-fP, ACT PPJCE PPJOR TO TI-]IS .CNANGE $358 , 410 . 00 NET (INCREASE) [DECREASE) P~ESULTR~G FROM TPES CHANGE NE~V CON/'AACT PR/CE INCLUD~G TI-{~ CHANGE ORDER B) CONTRACT TRv~ PPJOR TO THIS CFiA2~GE. ~qlIN~ER OF DAYS.) ~l ~C~E) OEC~ ~S~O ~OM ~ C~GE. ~~ OF DAYS.) · ~ 60 . 918..,...00 $419,328.00 CO1NTE.ACTOII: CITY OF SEBASTiaN: ~d~or~z~d City M~mag~ AT'~$"f: City Clerk Dar~ HO/R~ OF ?rd. ICAN ISLAND City of Sebastian, Florida Subject: First reading for Ordinance No. O- 01-12, amending the land development code, City Code Section 54-5-22.2 Definition of Terms: Lowest Floor. [ Exhibits: Ordin~ce No.~O-01-l i, Recommendation letter from the Florida Department of Community Affairs, and P & Z recommendation. Agenda No. 01.147~ Department Origin: Growth Management Tracy E. Hass,~ ~,~ Date Submitted: May 11, 2001 For Agenda of: May 23, 2001 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY The Florida Department of Community Affairs (DCA) has requested that the City amend the existing definition of "lowest floor" to comply with state regulations. Essentially, the DCA has asked the City to adopt the definition recommended by the Federal Emergency Management Agency (FEMA). Attached you will fred the amended definition, which reflects the FEMA version of lowest floor. The Planning and Zoning Commission held a public hearing on May 3, 2001 and forwarded a recommendation for approval to the City Council. RECOMMENDED ACTION Hold a first reading for Ordinance No. O-01-12 and schedule a second reading and public hearing for June 13, 2001. ORDINANCE NO. 0-01-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION OF TERMS: LOWEST FLOOR; PROViDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Department of Community Affairs Division of Emergency Management conducted a Community Assistance Visit on the City of Sebastian's Floodplain Management Program on March 27, 2000; and WHEREAS, the Division of Emergency Management recommended that the City amend its definition of "lowest floor" to match the state definition; and WltEREAS, a public hearing was held before the Planning and Zoning Commission on May 3, 2001, and that body recommends approval of the amendment herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-5-22.2 of the Land Development Code, City of Sebastian, Florida, DEFINITION OF TERMS: LOWEST FLOOR, is hereby to read as follows: Section 54-5-22.2 DEFINITION OF TERMS Lowest floor fReference level). The lowest floor of..the lowest enclosed area (ineludin~ a basement). A.p..~.unfinished or floo~-~resistant enclosure. usable solely for Darkin~ o.f...vehicles, buildin~ a.c....c.ess, or storage in a.n area other than a bas.e, ment area. is not con.s.~dered abuildin~'s lowest floor nrovided that such enclosure is not h.uilt so as to re..nder the structure inyiolation of requirements,. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attomey .STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI 'Dedicated to making Florida a better place to call homex JEB BUSH Governor RS STEVEN M. SEIBERT Secretary Mr. Terrance Moore, City Manager City of Sebastian 1225 Main Street Sebastian, Flor/da 32958 March 26, 2001 Dear Mr. Moore: I am writing this letter'to inform you that we have not received a certified copy of the amendments made to Chapter 46, Floods/Flood Damage Prevention as requested in our October 26, 2000, correspondence summarizing the Community Assistance Visit conducted with your staff on March 27, 2000. In that letter, we requested that the ci~ amend its current Flood Damage Prevention provisions to include a definition for "lowest floor" and include the current Flood Insurance Rate Map and Flood Insurance Study and their effective dates. These amendments will make the provisions compliant with the minimum National Flood Insurance Program (2,rFIP) regulations. Please provide the requested. documentation to the State Assistance Office for the NFIP by April 30, 2001. If you need' clarification or explanation on any of these items or require additional assistance, please call Joseph Johnson at 850/413-9951. Sincerely, Division of Emergency Management JFM:jpj CC; Brad Loar, Mitigation Programs Branch - FEMA Rose Austin, Mitigation Programs Branch - FEMA George Bonacci, City of Sebastian 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488,8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291 .0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 3305CL2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (B50) 4B8-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, ~:L 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumatd Oak 8oulevard Tallahassee, FL 322399-2100 (850) 48~-7956 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MAY 3, 2001 The vote was 7' - 0. Motion carried. Truman =,al Hearing - Site Plan Review Units & Outside Plumbing - 920 Randy Mosby of Mosby sworn in by VC Vesia at 7:30 was present g the applicant, and was Mr. Mosby gave presentation exterior paint issue. Tracy Hass gave staff presentation on the outside storage area. He noted that the present color of tl~e buildin does not meet the Riverfront Overlay District requirement. Staff recommend, with the conditions outlined in the staff report. It was noted that this is a major 3n s~ce there is a change of use. VC Vesia opened and closed/~ public hearing a'k~:40 as there was no public input. / MOTION by Barret ,~no I'll recomme ~hat we approve Maxwell and Stuns Plumbing for their site plan modification accordance with the staff's recom'~endations in the staff report one (1) thr six (6). Roll call: Vesia - yes Mr, Barrett - yes Mahoney - yes Mr, Smith - yes Ms. Carbano - yes Mr. Barton(a) - yes Mr, Rauth(a) - yes The vote was 7 - 0. Motion carried. .~ F. Public Hearing - Recommendation to City Council - LDC Text Amendment - Sec. 54-5-22.2 Definition of Terms - Lowest Floor Tracy Hass gave staff presentation and noted that this text amendment is being done to satisfy the State's requirement for the Community Rating System and FEMA, and affects insurance rates for residents of the City. In response to a question from Mr. Mahoney, Tracy responded that this would apply to all zoning districts, There was discussion about how this change would affect the height of buildings, and Tracy noted that it would not since height Is measured from established flood elevation. He also noted that all surrounding communities have adopted this language. There was more discussion on this issue, and it was pointed out that the City Code would prevent building heights from going any higher than presently established, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MAY 3, 2001 MOTION by CarbanolBarrett I make a recommendation that we recommend this to City Council to change the definition of the lowest floor within our Land Development Code. Roll call: VC Vesia - yes Mr, Barrett - yes Mr, Mahoney - no Mr. Smith - yes Ms. Carbano - yes Mr. Barton(a) - yes Mr. Rauth(a) - yes The vote was 6 - 1, Motion carried, (OLD BUSINESS: Accessory Structure - 672 Badger Street - Don Wynn - 18'X22' Cabana) MOTION by Barrett/Carbano i recommend that we table that until further notice by staff. Voice vote; 7 - 0, motion carded. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr, Mahoney inquired about the Skate Board facility, Ms, Carbano noted that the blue canopy that was. sitting along U,S. 1 has been removed. DIRECTORS MATTERS: None ATTORNEY MATTERS: None VC Vesia adjourned the meeting at 7:52 pm, (5/8/oi AB) ORDINANCE NO. 0-01-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2 DEFINITION'OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Department of Community Affairs Division of Emergency Management conducted a Community Assistance Visit on the City of Sebastian's Floodplain Management Program on March 27, 2000; and WHEREAS, the Division of Emergency Management recommended that the City amend its definition of "lowest floor" to match the state definition; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on May 3, 2001, and that body recommends approval of the amendment herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-5-22.2 of the Land Development Code, City of Sebastian, Florida, DEFINITION OF TERMS: LOWEST FLOOR, is hereby to read as follows: Section 54-5-22.2 DEFINITION OF TERMS Lowest floor (Reference level). The lowest floor of the 10,west enclosed .a.r_ea (includin~ a basement). An unfinished or flood-resistant enclosure, usable solely for oarkim, of vehicles, buildin~ access, or storage in an area other than a basement area. is not considered a buildin~!s 1-9~t floor r~rovided that such enclosure is not built so as to render the structure in violation of reauirements. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption 'by The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Councilmember Mayor Walter Barnes Vice-MaYor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of May, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney