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Home My WebLink About11282001SE I N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 28, 2001 -7:00 P.M. CITY COUNCIL CHAMBERS 1Z25 MAIN STREET, SEBASTIAN, FLORIDA AIL 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 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Moment of Silence 4. 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-£1) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 01.188 A. Presentation of FEMA National Flood Insurance Program Community Rating System Certificate 7. CITY ATTORNEY MATTERS CITY MANAGER MATTERS 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS ko Mr. Coniglio Mayor Barnes 1. Update Regarding Board Appointments Mr. Barczyk Mr. Majcher Mr. Hill 01.264 13-14 01.265 15-18 01.089 19-20 01.173 21-24 01.266 25-46 01.267 47-66 11. 12. 13. 14. CONSENT AGENDA All items on the consent agenda ere considered routine and will be enacted by one motion. There will be no separate of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted separately. A. Approve 11114/01 Regular Council Meeting Minutes Chamber of Commerce/City of Sebastian Co-Sponsorship- Santa Sail In - 12/8/01 Approve Street Closing and Yacht Club Use 4-10 p.m. (Parks Transmittal 11/14/01) Thursday Night Bridge Group - Use of A/B at Yacht Club on 12/6/01,6:30-10:00 p.m. (City Clerk Transmittal 11/28/01, Rental Application) Authorize a Change in the Description of FDOT Grant Agreement "Maintenance Facility and Equipment" to read "Maintenance Facility, Electrical Vault, and Equipment" (Airport Transmittal 11/28/01) Resolution No. R-01-80, Handicapped Self-Evaluation Committee (HR Transmittal 11/28/01, R~01-80) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RE-ESTABLISHING THE HANDICAPPED SELF-EVALUATION COMMITTEE; PROVIDING FOR MEMBERSHIP, LIAISON, MISSION, AND COMMITTEE GOALS AND OBJECTIVES; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-01-81, State of Flodda Joint Participation Agreement (City Manager Transmittal 1'1/28/01, R-01-81, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENTWITF FDOT TO PROVIDE FUNDING FOR DESIGN REHABILITATION OF RUNWAY 9/27 AND PROPOSED PARALLEL TAXIWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-82, State of Florida Joint Participation Agreement (City Manager Transmittal 11128/01, R-01-82, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTEA PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENTWITH FDOT TO PROVIDE FUNDING FOR INSTALLATION OF SECURITY GATES AND FENCING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. PUBLIC HEARING - None 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 COMMITTEE REPORTS/RECOMMENDATIONS - None 15. OLD BUSINESS :)1.191 67-70 Resolution No. R-01-83, Sebastian Boulevard (City Attorney Transmittal 11/28/01, R-01-83) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS FROM FELLSMERE ROAD TO SEBASTIAN BOULEVARD; REQUESTING THAT COUNTY CHANGE NAME WITHIN PORTIONS OF THE UNINCORPORATED AREA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.194 B. 71-72 Approve the Request from Indian River County Council on Aging, Inc. for $15,000.00 to Construct a Day Room on the South Side of the Sebastian Senior Center (City Manager Transmittal 11/28/01, Letter from Arlene Fletcher) 16. NEW BUSINESS 01.099 A. 73-84 First Reading 'of Ordinance No. O-01-25 - Revised Conceptual Development Plan for a Proposed 80-Acre Planned Unit Development - Schedule Quasi-Judicial Public Hearing 12/12/01 (GMD Transmittal 11/28/01, O-01-25, Conceptual Plan, Location Map, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO ALLOW A COMMERCIAL NODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, .268 85-88 First Reading Ordinance No. O-01-26 - Unregistered Vehicles and Vessels - Schedule Public Hearing 12/12/01 (City Attorney Transmittal 11/28/01, O-01-26) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3 (NUISAIVCES) ILLUSTRATIVE ENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 01.034 C. 89-92 Authorize the Purchase of a 2002 Chevrolet 1500 4x4 Pickup Truck- Piggyback Brevard County Fleet Contract from Fischer Chevrolet-Oldsmobile in the Amount of $17,632.33 (Airport Transmittal 11/28/01, Quote) 01.269 D. 93-94 Authorize the Purchase of a Rotary Broom from M-B Companies, Inc. in the Amount of $5,973.12 (Airport Transmittal 11/28/01, Quote Tabulation Form) 01.111 E. 95-98 Authorize the Appropriation of $7,542.00 for the Clock Tower Installation, Site Prep and Landscaping (City Manager Transmittal 11/20/01, Cost Estimate and Site Plan) 17. ADJOURN (Ali meeting shall adjourn at 10:30 p.m. unless extended for up to one haff hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA T-I'ER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TiM RECORD OF THE PROCEEDING S IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD, (286,0105 F,S,) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT(ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING, J~iRING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. TH ~OMING MEETING: DECEMBER 12 , 2001 'HOJ~E O1~ PELICAN ISLAND SEBASTIAN CITY COU NC;IL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 14, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA DI AFT 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Rev. Ellie Lea, First Presbyterian Church ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, -I-errence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill General Services Director, Paul Wagner Regular City Council Meeting November 14, 2001 Page Two 01.254 01.255 01.256 01.071 01.071 01.009 01.248 01.248 DRAFT AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not ot~ the wrftten agenda may be added only upon a majorfty vote of City Council members (R-99-21) Mr. Barczyk requested to move New Business items E and F to A and B. Them were no objections. -' PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificate of Achievement for Excellence in Financial Reporting Presented to the City Mayor Barnes presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director, Mark Mason. Employee of the Quarter- Tim Walker Mayor Barnes read and presented a plaque and bond notification to Employee of the Quar[er, Tim Walker. America Recycles Day Proclamation - Ruth Davies acceptinc~ for Keep Indian River Beautiful Mayor Barnes read and presented the proclamation to Ruth Davies and Carolyn Corum, who represented Keep Indian River Beautiful. They noted that there was a recycled products exhibit by local students on display at the Indian River Mall. ,~,,,,, ~_n,o, ,,ement Board Cedificate of A..ppreciation to Joel ~" Kea - Code ~ Mayor Barnes read the certificate, however, Mr. Kea was not in attendance. Certificate of Al~Dreciation to Peter Cavallo - Code Enforcement Board Mayor Barnes noted that Mr. Cavallo was also not in attendance. Certificate of ADl2reciation to Kelly Mather - Plannincl & Zoninq Commission Mayor Barnes read the certificate and presented it to Kelly Mather. Certificate o[ .A_1212reciation to Marilvn Waldis - Police Retirement Board of Trustees Mayor Barnes read the certificate, however, Ms. Waldis was not in attendance. Certificate of ADl2reciation to Kathleen Brauer- Police Retirement Board of Trustees Mayor Barnes read the certificate, Ms. Brauer was not in attendance. Regular City Council Meeting November 14, 2001 DRAFT 01.173 I. 01.093 01.057 10. Certificate of..A~[~reciation to Nancy Diamond - Indian River County Parks and Recreation Committee Mayor Barnes read the certificate and presented it to Nancy Diamond. CiTY ATTORNEY MATTERS The City Attorney distributed pamphlets on a Total Maximum Daily Loads stormwater seminar in February in Kissimmee; updated Council on the stormwater credits which will be sent out in the next few days; next meeting he will have language for boats in driveways; noted that today is the deadline for the judge to make a decision on the local option gas tax; and requested approval to file an appeal to the Administrative Hearing Department relative to a plumbing certification on behalf of Rich Schofield. City Council concurred with this request. CITY MANAGER MATTERS The City Manager read from a memo from the County Attorney relative to his recommendation to the County Commission regarding the proposed change of name for Fellsmere Road (see attached). He then noted this item will be on the November 28, 2001 meeting for action by Council in the form of a resolution, at which time it will be passed along to the County Commission. Update Relative to Par..k..in,q Issues at the Barber St[eet Sports Complex The City Manager gave a brief videotape presentation relative to the parking issue at Barber Street Sports Complex during heavy use by sports organizations, recommended making the roads surrounding the sports complex one-way during game days from 8:00 a.m. to 5:00 p.m. which will be approximately five Saturdays a year and will utilize four officers to set up. The Police Chief'and City Engineer responded to questions from City Council. Mr. Hill requested a more permanent solution for Fairfield Lane. B. Customer Service Orientation- Ditch and Swale Maintenance and Manaoement Program The City Manager and Public Works Director explained processes being coordinated relative to ditch and swale maintenance by the Public Works Department. CITY CLERK I~ATTERS None. CiTY COUNCIL MATTERS A. Mr. Hill None, Regular City Council Meeting November 14, 2001 Page Four B. 01.173 DRAFT Mr. ConiC' Reported on the Economic Development Commission meeting regarding a proposed Florida Atlantic University four year degree program available at Indian River Community College Campus. Mayor Barnes Appoint Liaison to Indian River County Parks and Recreation Committee (iRC Resolution No. 94-64) Suggested the City Clerk contact one of the applicants for the newly formed temporary Parks and Recreation Committee to find out if one of them might be interested in serving on the County Parks and Recreation Committee. There was no objection. Other Matters Mayor Barnes complimented the City's mowing staff. Mayor Barnes inquired of the City Attorney whether or not Council could reconsider Mr, Kirrie's land use change request if they believe that the issue of access had been addressed. The City Attorney recommended that there could be a motion to suspend the rules and then Council could move to reconsider Mr. Kirrie's request and set it for a time certain the future. The City Attorney advised to set the future date after the County has worked out the access concern. MOTION by Barnes/Coniglio "1 would make a motion to rehear that project time certain being the last meeting the month of February and see if the access issue is resolved by that time, I would like to get a second for discussion." Council discussed concerns regarding access. Mr. Majcher stated this concern was discussed at the last County Commission meeting. This motion was withdrawn at the advice of the City Attorney to first make a motion to suspend Roberts Rules of Order. Mayor Barnes withdrew his motion. MajchedBarczyk "1 make a motion to suspend Roberts Rules of Order for this motion only." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay Mr. Coniglio - aye MOTION CARRIED 4-1 4 Regular City Council Meeting November 14, 2001 Page Five D AFT MOTION by Bames/Coniglio "1 move to reconsider the Kirrie project rezoning at a time certain to be the last meeting, whatever the date is, in February 2002." ROLL CALL: Mr. Barczyk - aye Mr, Majcher - aye Mr. Hill - nay Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 4-1 D. Mr. Barczyk Requested clarification of lawn service companies parking in swales, many times without safety cones. The City Attorney stated that the code enforcement officer would spread the word with patrol officers to watch for these violations. Mr. Barczyk also inquired about planned upgrades to the Community Center in fiscal year 2001/2002 and expressed concern for activities being undertaken by the Tree Advisory Board without direction of the City Council. E. Mr. Majcher Reported on the affirmative vote of the County Commission on the proposed North County pool contractor and canoe launch. 11. 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 rnemt~er of City Council so requests; in which event, the item wi//be removed and acted upon separately. A. Approval of Minutes - October 24, 2001 Regular Meeting 01.257 B. Approve Resolution No. R-01-77 FDOT Public Transportation Joint Participation Agreement/Construct T-Hangars (City Manager Transmittal 10/24/01, R-01-77, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FOOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.258 Approve Road Closings at Intersections of Indian River Drive and Jefferson Street, Main Street, Washington Street, MartinAvenue, Cleveland Street, Coolidge Street and Fellsmere Road on Saturday, February 2"d, 2002 from 7:00 a.m. until 11:00 a.m. for Girl Scout Troop 181 5K Run (Parks Transmittal 11/6/01) 01.259 Adopt Resolution No. R-01-78 Vacation of Easement - Medeiros Lots 2 and 3, Block 32, Sebastian Highlands Unit 1 (GMD Transmittal 11/7/01, R-01-78, Staff Report, Site Map, Application, Utility Letters A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 32, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting November 14, 2001 Page Six DRAFT 01.260 E. Adopt Resolution No. R-01-79 Correcting a Scrivener's Error in O-01-09, O-01-10 and O- 01-18 (City Attorney Transmittal 11/9/01, R-01-79) A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR CONTAINED IN ORDINANCES O-01-09, O-01-10 AND O-01-18; PROVIDING FOR CONFLICT; PROViDiNG FOR EFFECTIVE DATE. 01.152 F. Waive Section VI.4 and Authorize Reimbursement for Travel Associated with Florida League of Cities Conference in August for Councilman Hill Due to Extenuating Circumstances (Finance Transmittal 11/8/01, Minutes Authorization Excerpt) 01.186 G. Approve the Open Purchase Order with B and T Sod in the Amount of $18,000 (Public Works Transmittal 10/19/01 ) 01.261 H. Authorize the Mayorto Execute the D EP Submerged Land Lease Renewal and Modification (City Manager Transmittal, BeT Master Lease No. 311537314) The City Attorney read titles for Resolution Nos. R-01-77, 78 and 79. MOTION by Barczyk/Hill "Move to approve the consent items A-H." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 12. PUBLIC HBARING - None 13. INTRODUCTION oF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not otherwise on the agenda -sign-up required - limit of ten minutes for each speaker Charles Stachel, Coral Reef Street, Sebastian, recommended direction from Council on where the TAPE I - SIDE II (8:02 p.m.) City is going with the proposed pier at Good Guys, and recommended US 1 improvements relative to slower speed limits and bump-outs. Regular City Council Meeting November 14, 2001 Page Seven DRAFT 01.248 01.026 14. 15. COMMITTEE REPORTS/RECOMMENDATIONS A. POLICE RETIREMENT BOARD OF TRUSTEES Confirm Police Retirement Board of Trustees' Appointment of A...L. "Rappy' Perez, Jr.,..c..L.U as the Fifth Member of the Police Pension Bqard. of Trustees for a Two Yea...r...Term (City Clerk Transmittal 11/6/01 } MOTION by Majcher/Barczyk "1 make a motion to approve or reapprove A. L. "Rappy" Perez, Jr. CLU as the fifth member of the Police Pension Board of Trustees for a two year term to expire October 1, 2003." ROLL CALL: · Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 OLD BUSINESS Presentation by Capital Sanitation Relative to Enhanced Operations and Customer Service (A$.....R...e..ported November 2"d, 2001 City Council Information Letter) David Beach, 217 Delaware Avenue, said he had been in the trash collection business for many years, and described the difficult work these collectors do every day. Gerritt Frankhuisen, 378 Main Street, Sebastian, spoke in favor of Capital Sanitation and stated that his garbage is always picked up. Ron Rigby, Executive Vice President of R&R Corporate Systems, dba Capital Sanitation, addressed City Council on concerns expressed by the public, briefly described Capital's operation schedule and its plan to address certain suggestions and concerns expressed by customers. He cited problems as being 1) callers not being able to get through to the office which is being addressed by an upgrade to the phone lines; 2) equipment problems which are being addressed by on-going negotiations for new equipment, although he stated he believed current equipment is sufficient; 3) and late franchise fee payment problems which he stated he believed has been resolved. He further stated he is a local man and that his customers are very important to him, that he had received the revised franchise agreement from the City Attorney and said he will be contacting him next week to discuss some of the provisions. City Council discussion followed relative to a hydraulic fluid leak, compliments to the people working on the streets, problems with equipment and lack of office staff to address customer concerns, the need to handle complaints properly, the importance of properly maintaining equipment, and that time wilt show if the service has improved. Regular City Council Meeting November 14, 2901 Page Eight DRAFT Mayor Barnes called recess at 8:48 p.m. and reconvened the meeting at 9:00 p.m. All members were present. 16. NEW BUSINESS 01.252 Authorize the Purchase of a 2002 Chevrolet Silverado 1500 % Ton Pickup and CG 1500 Carclo Van in the Amount of $3.0,398,00 in Accordance with the Florida Sheriffs Association and Florida Association of Counties Bid Award Announcement (01-090- 0904) (PD Transmittal 7/.5/01, Award Announcement). Chief Davis stated the pickup will be used by the Code Enforcement Officer and the van will be used by the Evidence Technician, and that these purchases would complete the Police vehicle purchases for the fiscal year. MOTION by Barczy'ldHill "1 move to a uthodze the purchase of 2002 Chevrolet Silverado 1500 % ton pickup and CG 1500 cargo van for $30,398.00 in accordance with the Florida Sheriffs Association & Florida Association of Counties Bid Award Announcement 01-09-0904." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.252 Acce .p.t the Donation of $18,000.00 and Authorize the Purchase of a Harley Davidson Police Motorcycle and Ecl.u..[l~ment from Ft. Lauderdale Hartev Davidson ('PD Transmittal 10/31/01., Price Sheet) City Council members commended the donor for the generous donation. MOTION by Majcher/Hill "i make a motion to move to accept the donation of $18,000.00 and authorize the purchase of a Harley Davidson Police Motorcycle from Ft. Lauderdale Harley Davidson for $16,000.00 and appropriate $18,000.00 which includes additional equipment." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Regular City Council Meeting November 14, 2001 Page NineSeven DRAFT 01.262 A. Approve Purchase of Diesel Fuel Requirements for FY 2001 in the Amount of $22,97..!..,00 (GSA Transmittal 10/31/01, 2000/2001 Joumal Entries, 2001/20.02 P. roiections~ The General Services Administrator briefly explained the Treasure Fuel Co-op which is a cooperative of 24 agencies in the area. MOTION by Hill/Coniglio '1 move to authorize staff to award a contract to Port Consolidated to supply Iow sulfur diesel fuel during FY 200112002, subject to the terms and conditions of Indian River County Contract #6-14137." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.187 B. Authorize the Sale' of Forfeited Boat LPD Transmittal 11/8/01 L Detailed Vessel Information1 Chief Davis explained the process by which the City obtained the boat through forfeiture, and bid out for sale to which there were no responses by the bid deadline. He explained that a proposal with a good faith deposit was received and then another proposal for a higher amount was received subsequent to that time. The City Manager further explained that the proposals were received after the bid process ended. TAPE fl - SIDE I (9:17 p.r~.) The City Attorney said the sale to Mr. Slavens was not included as an option, however, if Council wants to proceed in this manner, staff could rebid the sale. MOTION by Barczyk/Hill "1 move that we should consider to deny the sale of the vessel Betsea to Mr. Jeffrey Mann, return the 10% good faith deposit to him, and move to authorize staff to rebid the sale." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Conigtio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 9 Regular City Council Meeting November 14, 2001 Page Ten 01.028 C. 01.012 D. DRAFT Authorize City Manager to Execute Consultant Aclreement Between Tischler & Associates,/nc. and City' of Sebastian for Preparation of Prototwe Land Use Fiscal Analysis in the Amount of $23,900 (City Manager Transmittal 1 'I../.7./01,.._A_clreement) The City Manager briefly explained the analysis to be conducted by Tischler and Associates, Inc. that will help the City ascertain vision and cost of growth. MOTION by Majcher/Coniglio "1 move to authorize the City Manager to execute Consultant Agreement between Tischler & Associates, Inc. and the City of Sebastian to perform the scope of service for the preparation of a Prototype Land Use Fiscal Analysis, in the total amount of ~;23,900.00." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Appro. priate $10,575.48 and Authorize Change Order No. 1 for Final Payment to CAMCO, Inc. fCitv Enclineer Transmittal11/6/01, Final Payment Analysis, City Enc]ineer Mem..p, CAMCO Detail of Cost Additions and Subtractions.) The City Engineer explained the additional final payment to Camco due to the need for facility improvements and requirements of the Department of Environmental Health. Discussion took place about specific change order items. Mr. Hill requested payment for item eL be deleted because the incorrect frame installation was not the City's fault. Mr. Hill also asked payment to be withheld if floor puddling was still evident at Barber Street Sports Complex. Council expressed the need for reassurance that drawings will be shared by all departments in the future. The City Manager assured that he had already communicated this to staff. MOTION by Hill/Coniglio "1 move to authorize Change Order 1, encompassing summary Change Orders A-S, removing item L, increasing contract with CAMCO, Inc., we're going to have to amend the number, $8,653.48 for the three bathroom facilities constructed at Hardee Park, the Yacht Club and the Barber Street Sports Complex, and appropriate $8,653.48 contingent upon full and complete release from CAMCO, Inc." Mr. Barczyk clarified this would be contingent upon the fixing of the floor. 10 ReguLar City Council Meeting November 14, 2001 i Page Beven DRAFT 01.263 G. 17. ROLL CALL: Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hilt aye aye aye aye aye MOTION CARRIED 5-0 City Clerk Performance Evaluation (City Manager Transmittal 11/1..4/01. Merno) Council expressed praise and great satisfaction for the Clerk's transition to department head, records retention and research during the last year and recommended a 5.5% raise. MOTION by Barnes/Hill "1 would like to make a comment, maybe a suggestion, at City Council we are responsible for the evaluations of the charter officers which are Sally, Mr. Moore and Mr. Stringer. Mr. Stringer and Mr. Moore's evaluations were very positive, Sally's evaluation was very positive, I would suggest that we give Sally the same increase that we gave to the other two officers, 5 1/2%." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Being no further items, Mayor Barnes adjourned the Regular Meeting at 9:50 p.m. Approved at the November 28% 2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio, CMC City Clerk City of Sebastian, Florida Subject: Street and Boat Ramp closings for Santa Sail In. Approved for Submittal by: Terre~'i City M~-~a~r ,/ ..'" · , Exhibits: None Agenda No. OI. Z& q Department Origin: Parks Su~. C~r~s McCarthy Dept. Head: ~ }&,//C~~ Finance: ~'/' 'Procurement: JDate Submitted: For Agenda of: Nov. 14, 2001 Nov. 28, 2001 EXPENDITURE REQUIRED: N/A BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: N/A SUMMARY The City will be a co sponsor with the Chamber of Commerce for this year's Santa Sail In at the Yacht Club. The Santa Sail In will be held at the Yacht Club on Saturday, December 8, 2001 from 4 to 10 PM_ City Staff met with representatives from the Chamber of Commerce on 11/13/01 to discuss logistics for this event. We are asking for Council approval to close Indian River Drive from Cleveland St to Fellsmere Rd. and the Yacht Club boat ramp from 4 to 10 PM on December 8, 2001. RECOMMENDED ACTION Move to approve the closing of Indian River Drive from Cleveland St. to Fellsmere Rd. and the Yacht Club boat ramp from 4 to 10 PM on Saturday, December 8, 2001 for the Santa Sail In. 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561)' 589-5570 Subject: Request for Christmas Party During Agenda No. L0 I, 2. 0 5 Regul, ar Thursday Night Bridge Meeting at Yacht Club Department Origin: City Clerk ~jilfl :.."-l'-Approvp, d for Subglittgl ..b.F? City Manager Date Submitted: 11/16/2001 .~,/.~-.f ~..,.~//// ~,~ .~ .... For Agenda of: 11/28/01 ',,.1__.,/ ..... 3:' ~/ ~"t , I Exhib..!ts: Application dated 11/16/2001 ................ Expenditure Required: I Amount Budgeted: I Appropriation Required: SUMNIARY STATEMENT 2M~t application has been received from James Schmitz, representing the Thursday Night Bridge Group. They are requesting permission to have a small Christmas Party during their regular Thursday Night Bridge Meeting On Thursday, December 6, 2001 from 6:30 P.M. to 10:00 P.M. They are asking to serve alcohol at this event. Historically, this event has been approved for the past six years. RECO~NDED ACTION Consider the request and act accordingly. crff0F HOAIE OF P£1.1~ ISI./~D CITY OF SEBASTIAN E-1 co rY NO. NAME OF GROUP OR ORGA_NIZA~0N: ~ ~ Street YACHT CLUB REASON FOR tLENTAL: ~1,//4 ~ L If more than 75 attenclee~, extra duty police officer services are required ('R-01-13) PLEASE ANSWER YES OR NO: 1. Are You a Resident of Sebastian? " LJ .~'' 2. Will There Be Am Admission or Door Charge? ~" ' ~;. Will Al¢oholic Beverages Be SerV_e,d_? ~ ~.-~ ~, / (a) If answer to ~3 is Yes, Permittee s proof of age: ~r~, ,/t~/2~, //7/ Make checks payable to City of Sebastian (A service fee of 5% or $10.00,/' whichever is greater, may be charged for a dishonored cheek per City Resolution No. R-96-41) Office Use Only Rent ............... $ Non-Resident. Total ................ $ Tax .................. P. O. Services Total ............... .$ 7% TAX ........................... POLICE OFFICER SERVICES $250.00 OFFICE USE ONLY DATE PAID RECEIPT NO. INITIALS Alcohol Beverage Request [] APPROVED [] DISAPPROVED Police Department Agreement Confmned (if applicable) Date Key Pickup Date: Key Returned Date: Security Deposit Returned By City Check# For $ TO ~S OF SEBASTIAN COXfMLrr,TITY CENTER 0R YACI-IT CLI.~:. ' A deponil of two-hundred ff~ dollars ($250.00) for cleanup must be made with the applioafion. This deposit is refundable if the buildimg is lef~ clean mad undamaged by permittee. ., If cleaning or ~-epair !s ne:essary by City employees,/his, deposit or a port'on' Of the deposit shall be forfsked, based on information supplied by the superinteademt of buildings,. -City Clerk . and regnlalions'and a~.¢ to all ~¢ conditions Iist,d. Furthennore, I und~.r~and that negle~ing to dean the pr~mi~e~ immedi~lely aiierward will result'in forfe, imre, ia part or full, of the. d~posit. '.:~** ., ..... "'~' '" -' '.;:,~*~--,.:.'-.i,~",.. HOJ~ O]: P[&iCAN ISLAND City of Sebastian, Florida Subject: Change Description of FDOT Grant Agreement for Sebastian Municipal Airport. ~rrence R./4ff0ore, City Manager Agenda No. 0/. Airport Department: General Services: Finance Dept.: Date Submitted: November 19, 2001 For Agenda of: November 28, 2001 Exhibits: n/a EXPENDITURE REQUIRED: $ 0 AMOUNT BUDGETED: $ 70,543.00 lAPPROPRIATION REQUIRED: $ N/A S~Y As you may be aware, the City of Sebastian currently holds a grant agreement with the Florida Department of Transportation (FDOT), Aviation Section entitled Maintenance Facility and Equipment. In an effort to expa~d the possible uses of the money associated with this agreement, staffis recommending that the description of the agreement be amended to include an electrical vault building. The proposed amendment to th/s grant will allow Sebastian Municipal Airport to construct an electrical vault building, a necessary component of the Runway 4-22 Lighting Project, without having to seek additional fm~ding. RECOMMENDED ACTION Move to approve a change in the description of the FDOT grant agreement "Maintenm~ce Facility and Equipment" to read "Ma/ntenance Facility, Electrical Vault, and Equipment". City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Handicapped Self-Evaluation Committee Appr(~ve/~ for Submittal by: City Manager ~_.~?/ ~'~'"'Terrence Moore, City Manager Agenda No. Oi. ['7~ . Department Origin: Human .Resourc~~ Date Submitted: 11/19/01 For Agenda of: 11/28/01 Exhibits: Resolution No. R-01-80 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Instead of disbanding the Handicapped Self-Evaluation Committee, it was suggested that the Committee's mission be defined and goals and objectives be enumerated. Attached is the proposed resolution. 'RESOLUTION NO. R-01-80 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RE-ESTABLISHING THE HANDICAPPED SELF-EVALUATION COMMITTEE; PROVIDING FOR MEMBERSHIP, LIAISON, MISSION, AND COMMITTEE GOALS AND OBJECTIVES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council, at its August 22, 2001 regular meeting, while considering repeal of the Handicapped Self-Evaluation Committee, a long term standing advisory committee of the City, instead requested that the goals and objectives of the committee be redefined; and WHEREAS, the Human Resources Director has acted as liaison to the committee for several years; and WHEREAS, the new Human Resources Director is recommending a revised mission, and goals and objectives for the Handicapped Self-Evaluation Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. COMMITTEE MEMBERS AND LIAISON. The Handicapped Self-Evaluation will consist of five citizens of the City of Sebastian appointed by City Council through the application process set out in Chapter 2 of the Code of Ordinances. The Human Resources Director, under the direction of the City Manager, will act as liaison to the Committee. Section 2. MISSION. Through the Human Resources Director as Committee Liaison, the Handicapped Self-Evaluation Committee shall evaluate all City of Sebastian owned and operated facilities open to the general public to ensure individuals with disabilities have equal access. ' Section 3. GOALS AND OBJECTIVES. The Handicapped Self-Evaluation Committee shall provide an effective process for self-evaluation of City of Sebastian owned and operated facilities to ensure that all facilities are equally accessible to individuals with disabilities. Committee members will conduct facility evaluations on areas accessible to the general public, including parking lots, permitting offices, council chambers, and City Hall, etc. Committee members, through the Human Resources Director, will express concerns and inquiries to appropriate City personnel for review. The Committee will meet at the request of the Human Resources Director, no less than quarterly, to be updated on the status of facility evaluations. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section $. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher Councilmember Ray Coniglio The Mayor thereupon declared the Resolution dully passed and adopted this 28th day of November, 2001. CITY OF SEBASTIAN, FLORIDA A'FI-EST: By: Walter Barnes, Mayor 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 2 ~State o~Flo~da Joint Pa~icipafion A~ement ~or: Design ~ehab~tation of Runway 9~7 & Proposed pa~el..T~way) for Ciw M~er Terrence R. Agenda No. __QI_.. 2 ~ ~ Department Origin: General Services: Finance Dept~: Submitted: 11-19.01 For Agenda off 11-28-01 Exh/bit: Resolution R-01-81 and State of Florida joint Participation Agreement for: The Design and Rehabilitation of Runway 9/27 & Proposed Parallel Taxiway SUMM~ty As a result of the grant award from the Florida Department of Transportation (FDOT) Aviation Section, the proposed Resolution R-01-81 authorizes the City Manager to execute the Joint Pforarticipafion between the State of Florida Department of Transportation and the City of Sebastian the Design Rehabilitation of Runway 9/27 and Parallel Taxiway at the Sebastian Municipal ~RECOMMENDED ACTIO~_N Move to approve Resolution R-01-81, author/zing the City Manager to execute the Joint Participation Agreement between the State of Florida Department of Transportation and the City of Sebastian for the Design Rehabilitation of Runway 9/27 and Parallel Taxiway at the Sebastian Municipal Airport. RESOLUTION NO, R-01-81 A RESOLUTION OF THE Cl'rY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the design Runway 9/27 and Parallel Taxiway Rehabilitation at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOT THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the. attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 412976-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr, Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this day of November, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes 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 72~03D-06 PUBLIC TRANSP ADMIN 07/01 Page 1 ~f 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 412976-1-94-01 (Item-segment-phase-sequence) Contract No: Fund: DS Function: 637 Federal No: N/A FLAIR Approp: 088719 FLAIR Obj.:. 750004 Org, Code: ~042010428 Vendor No: ,VF 596000427008 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as the AGENCY. WlTNESETH: WHEREAS, the Agency has the authod~ to enter into said Agreement and to undertake the project hereinafter described, and the Department has beengranted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Flodda Statutes, to enter into this Agreement; 1.{) NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: Purpose of Agreement: The purpose of this Agreement is to Design Rehabilitation of Runway 9/27 & Proposed Parallel Taxiway and as further described in Exhibit(s) A B, C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMtN 07101 Page 2 of 12 2.00 Accomplishment ofthe Project: 2.10 General Requirements: The Agency shall commence, and complete the preject 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 P urs uant 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 $ 175.000.00 is based upon the estimate summarized in Exhibit "R" attached hereto and by this reference made a pa;'t ThiShereof.amountThe 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 project in the amount of $ ~40,000.00 as detailed in Exhibit "B", or in an amount equal the percentage(s) of total project cost shown in Exhibit "B", whichever is less. date of 4. I0 Project Cost Eligibility: Project costs eligible for State participation will be allowed only'from the effective this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end .funding (~o-)-(is 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 ~s) (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 project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall ~, effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year thc project or project phase is scheduled in the work program as of the date of the agreement, Payment will be made 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 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 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 clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency. must have a single or program-specific audit conducted in accordance with the provisions or OMB CircUlar A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB i Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725-03O-O6 PUBLIC 'r'P, ANSP ADMIN 07/01 Page 4 of 12 Agency agrees to allowthe Department or an independent auditor of the Department, the State Comptroller, and the ~uditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in l~nCOrdance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State ds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Flodda 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". FORM 725-03O-O6 PUBLIC TRANSP ADNItN 07/01 Page 5 Of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Trensportation, District Four, Public Transportation Office 3400 W. Commemial 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. 8.11 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 For rea[ property acquired, submit; (2) (3) 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. 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 canying out of the project and payment of the eligible costs. However, notwithstanding any other prevision of this Agreement, the Department may 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 preject, 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 ~11~ approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. FORM 725-030-~6 PUBLIC TRANSP AC)MIN 07/01 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or 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, ortimely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined bythe 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 fi na ncial participation in the project shall not constitute a waiver of any claim which the Department may othenvise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal 'bythe 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 reimbureement 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 pumhase 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. FORM 725q330*D6 PUBLIC TP. ANBP ADMIN 07/01 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Flodda Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 2.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the' performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. t3.00 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 commercial supplies or raw materials, and shall require allsuch 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. ~3.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance, by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will Comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 725-03O,,06 PUBLIC TrRANSP ADMIN 07/01 Page IS of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into y contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency 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, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be 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 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 NotWaived: 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 orany default which may then exist, on the part of the Agency, and the making of suCh Payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by prOvisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities 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. FORM 725-030-06 PUBLIC TRANBP ADMIN 07101 Page 9 of 12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories'~m' and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment dudng its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. 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 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. 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 covedng the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 1D of 12 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final . that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term 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 dudng such fiscal year. Any contract, verbal or Written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in' all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31,2003 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District ecretary, District Four .. Expiration of this Agreement will be considered termination of the project and the rocedure establish~' ~ 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 !20 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. t9.00 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. Alt.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 ongrass, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the ~dersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its structions. FORM 725030-O6 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at al tiers (including subcontracts, subgmnts, and contracts under grants, loans and cooperative agreements) and that 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, pumhase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the 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 ~or a pedod of 36 months from the date of being placed on the convicted vendor list." 24,00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM 725-03006 PUBLIC TRANSP ADMIN 07/O1 Page 12 of 12 Financial Project No, Contract No, Agreement Date 412976-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION TTEST' TITLE: ' .,mm (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS APPROVED AS TO FORM, LEGALITY ATTEST: TITLE: (SEAL) Fin. Proj. No.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Design Rehabilitation of Runway 9/27 and Parallel Taxiway 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.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City..of Sebastian 1. TOTAL PROJECT COST: $175,000 I1. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Ct[her Maximum Depar[ment Partidpation: Primary (D~) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local ReimbUrsable (,DL) 0.00% $o 20.00% 80.00% $140,000 $o $o III. TOTAL PROJECT COST: $175,000 Exhibit C Page 1 of 2 Fin. Proj. No.: 4!2976-1-94-01 Contract No.: Agreement Date; EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian Documents required to 'be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITTAL/CERTIFICATiON Consultant Selection Compliance Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Construction/Procurement Safety Compliance Release for Notice to Proceed Annual Audit Reports Completion Per Specifications Plans, Specifications, Engineering Report One (1) Full Size set and (1) 1 lx17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 BASIS FOR ACCEPTANCE Agency Attorney's Certification Engineer Certification** Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proi. No,: 412976-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as 'plans" in this Exhibit, Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Par[icipation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal A,/iation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation' Projects State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project, Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. FP No.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian 1. 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: a; It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area .of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient dghts and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. It will adequately clear and protect the aedal approaches to the airport by removing, lowering, relocating, marking, or lighting, or othem/ise 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 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 lo.cation of all existing improvements thereon. Subject: Proposed Resolution: R-01-82 (State of Florida Joint Participation Agreement for: Installation of Security Gates & Fencing) Ap~~,,,.Sub ', ..~City Manager Terrence R. Agenda No. 0 I, 2 Department Origin: General Services: Finance Dept.: Date Submitted: 11-19-01 For Agenda of: 1 l-g8-01 Exhibit: Proposed Resolution R-01-82 and the State of Florida Joint Participation Agreement for: Installation of Security Gates & Fencing. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUlVlMARY As a result of the grant award from the Florida Department of Transportation (FDOT) Aviation Section, the proposed Resolution R-01-82 82 authorizes the City Manager to execute the Joint Participation between the State of Florida Department of Transportation and the City of Sebastian for the installation of Security Gates and Fencing at the Sebastian Municipal Airport. RECOMMENDED ACTION Move to approve Resolution R-01-82, authorizing the City Manager to execute the Joint Participation Agreement between the State of Florida Departmem of Transportation and the City of Sebastian for the Installation of Security Gates and Fencing at the Sebastian Municipal Airport. RESOLUTION NO. R-01-82 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the installation of security gates and fencing at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOT THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 412975-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing' Resolution was moved for adoption by COuncilmember The motion was seconded by Councilmember into a vote, the vote was as follows' and, upon being put Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this day of November, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: City Clerk By: ayor Walter Barne~ ' Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, C~ty Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030436 PUBLIC TRANSP ADMIN 07101 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 412975-1-94-01 (Item-segment.phase-sequence) Contract No: Fund: DS Function: 637 Federal No: FLAIR Appmp: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No: VF 596000427008 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number. 55004 THIS AGREEMENT, made and entered into this day of, , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred t~ 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 Security Gates & Fencing. and as further described in Exhibit(s) A B,& C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to Provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-O30-O6 PUBLIC TRANSP ~DMIN 071nl 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, appreval, 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 previsions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such maffers 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 byr this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 333,334.00 .... is based upon the estimate summarized in E×hibit "B" attached hereto and by this reference made a partThis- amount 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 ~e project in the amount of $ 16~667. .0. 0. as detailed in Exhibit "B", or in an amount equal the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.!0 Project Cost Eligibility: Project costs eligible for State pa~icipation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; ' (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ~)~(is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ~ (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 ect funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall ~ 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 07101 Page 3 of 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 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 Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which, is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the 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 properly signed voucher then on file in the office of the Agency stating in proper detail the purp.ose 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: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions orOMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends Jess than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725*030-06 PUBLIC TRANSP ADMI~ 137.,91 Page 4 of 12 Agency agrees.to allowthe Department oran independent auditor of the Department, the State Comptroller, and the ,uditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, iN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215,97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. in determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in ccordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State inds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Flodda Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Mad ison Street Tallahassee, Flodda 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including matedal noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or repiace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. : the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". FORM 725-030-~6 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, 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. 8.11 invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Flodda Statutes. 8.13 For real property acquired, submit; (1) (2) (3) the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency.shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the'Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude ali projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. FORM 725-O3O-O6 PUBLIC TPANSP ADM IN 07/O1 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit ~rk 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 Termi nation or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. upon receipt of any final termination or suspension notice under this paragraph, the Agency shall Proceed promptly to cam/out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action.as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carded out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have 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 matedal 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. tl.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. FORM 725-030-(36 PUBLIC TRANSP ADMIN D7/01 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, amhitecture 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. 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. 3.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.t 0 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 commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similarw~rk, the Agency shall post, in conspicuous places available to employees and applicants for - employment for project wonV., notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of '~964: 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 t990 (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. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 8 of 12 13,50 Prohibited Interests: Neither the Agency nor any of its contractom or their subcontractors shall enter into 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 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, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or anY benefit arising therefrom. t4.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the 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 )epartment 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 Ager~cy. 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 b~, 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 la~ Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities 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. ~.~ .... FORM 7~'5-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 t 4.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories~ and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from Comptroller of the Department that funds are available prior to entering into any such contract or other bindin commitment of funds. Nothing herein contained shall prevent the making of contracts for pedods exceeding one (1) year, but any contract so made shall be executory only for the value of the se,vices 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 shal! .be prosecuted in any court .in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim, 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issuetothe 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 whiten approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. FORM 7'25-03[~-(~ PUBLIC TRANSP ADi~IlN 07101 Page 10 ~f 12 46.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod of more than one year, the provisions of Chapter 339.135(6)(a), 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 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 entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed tobe 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 Deco..m..ber 31, 2003 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District ecretary, District. Four . Expiration of this Agreement will be considered termination of the project and the rocedure established T~ 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: 2t.t0 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 .~i nOngress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the dersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its nstructions. FORM 725-03O-06 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that 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, pumhase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the 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 er 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 'rlNO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM725433~06 PUBLIC TRANSPADMIN 07101 Page 12~12 Financial Project No. Contract No. Agreement Date 412975-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT Of TRANSPORTATION TITLE: .(SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS A'FI'EST: APPROVED AS TO FORM, LEGALITY TITLE: .,,(SEAL) Fin. Proj. No.: 412975-1-94-01 · Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral pad of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and Citv of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Install Security Gates and Fencing 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.: 412975-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 1. TOTAL PROJECT COST: $333,334 II. PART] CI PATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Partidpation: Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) ........ 9O.OO% $,3OO, OOO 5.00% 5.00% $o $16,667 $o $16,667 $0 III. TOTAL PROJECT COST: Exhibit C Page 1 of 2 Fin. Proj. No.: 412975-1-94-0!. Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITTAL/CERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance · Agency Attorney's Certification Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Engineer Certification** Construction/Procurement 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 Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Agency Certification Criteda for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proj. No.: 412975-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of TransportatiOn Standards of Design for General Aviation Projects · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Resolution R-01- 8 3; Sebastian Boulevard Agenda No. Ol.lql Date Submitted: 11/20/01 For Agenda of: 11/28/01 SUMMARY: Pursuant to Council direction, this Resolution renames CR 512 from "Fellsmere Road" to "Sebastian Boulevard" to reflect the will of the citizenry. The effective date of the change will be March 1, 2002, to give businesses time to exhaust stockpiles of letterhead, etc., and give people time to adjust. The original idea was to coordinate the change with the change of area code in this region, but BellSouth representatives say that no such change is planned at this time. The cooperation of the County in renmuing the road from the 1-95 interchange is requested. RECOMMENDED ACTION: At Council's discretion -- Move to adopt Resolution R-01-83. //~.~7 RESOLUTION NO. R-01-83 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CB_ANGI~G TIlE NAME FOR COUNTY ROAD 512 WITttlN TItE CITY LIMITS FROM FELLSMERE ROAD TO SEBASTIAN BOULEVARD; REQUESTING TItAT COUNTY CttANGE NAME WITHIN PORTIONS OF TIlE UNINCORPORATED AREA; PROVIDING FOR CONFLICT; t'ROV'II)ING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian commissioned the Treasure Coast Regional Planning Council to host a charette over the future development of the County Road 512 corridor through the City; and WHEREAS, during said charette process the citizens initiated and overwhelmingly supported changing the name of County Road 512 from "Fellsmere Road" to "Sebastian Boulevard" to enhance the sense of identity and community within the City; and Wl:rEREAS, citizen-initiated petitions have been presented to Council supporting the name change, and the citizenry has further been polled concerning its support of changing the name of the CR 512 roadway and, again, the desire for the name change was strongly indicated; and WHEREAS, there is evidence that in earlier times the roadway was known as the Sebastian-Fellsmere Road, but over time the name was shortened; and WltEREAS, the development of the interstate highway system has fundamentally changed the way people travel in the United States, and the identification of the sole interstate interchange for the Sebastian area as the "Fellsmere Road Exit" stifles the growth of Sebastian's attraction as a tourism destination; and WltEREAS, City requests that the County change the name of County Road 512 from the 1-95 interchange eastWard to "Sebastian Boulevard" and maintain the name "Fellsmere Road" west of the interchange; NOW THEREFORE, BE IT RESOLVED BY TFH*~ COUNCIL OF TFrE CITY OF SEBASTIAN, as follows: , Section 1. NAME CIiANGE. Effective at noon, Friday March 1, 2002 County Road 512 shall be renamed "Sebastian Boulevard" w~thin the corporate 1/mits of the City of Sebastian. Section 2. REQUEST FOR COORDINATION. The City of Sebastian respectfully requests that the Board of County Commissioners of Indian River County rename the County Road 512 roadway "Sebastian Boulevard" from the 1-95 interchange eastward to the Sebastian city limits, effective as of the same date. Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section4. EFFECTIVE DATE. This resolution shall take effect hnmediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of November, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney HObl~ Ol~ PHJC~ ~ Subject: Indian River County Council on Aging / Adult Day Care Funding x~lT~nce ~looi-e Agenda No. 0 I, I q~ Department Origin: Finance Dept. :~ Date Submitted: 11-19-01 For Agenda of: 11-28-01 Exhibits: Letter Dated 11/15/01 from Arlene S, Fletcher, Executive Director, Indian River County Council on Aging F_,XPENDITUR_E REQUIRED: $15,000 AMOUNT BUDGETED: General Fund: Non-Deparmaental Grants & Aids $15,000 APPROPRIATION REQUIRED: SUMMARY As originally discussed at the August 22, 2001 Regular City Council Meeting and again at the September 6, 2001 Special Meeting, members of the City Council agreed to allocate $15,000 in the fiscal year 2001-2002 budget for the addition ora day care room, at the Sebastian Senior Center, located at 815 Davis Street, Sebastian, FL. Therefore, $15,000 is allocated in the fiscal year 2001- 2002 General Fund Budget for this expenditure ;' ~ Attached is a letter from Arlene S. Fletcher, Executive Director of Indian River County Council on Aging, Inc., formally requesting $15,000 bom the City of Sebastian to build a day care room, to be located on the south side of the Sebastian Senior Center. RECOMMENDED ACTION Move to approve the request from Indian River County Council on Aging, Inc., for $15,000 to construct a day room on the south side of the Sebastian Senior Center, located at 815 Davis Street, Sebastian, FL., as budgeted for in the fiscal year 2001-20.0'~budget. TELEPHONE 561 - 569-0760 FAX 561 - 778-7272 o "encouraging independent living" emmefl on agog, inc. 694 - l'4th STREET · P.O. BOX 2102 VERO BEACH. FLOP, IDA :32961 November 15, 2001 Mr. Terrenoe Moore, City Manager City Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore: ARLENE S. FLETCHER The Indian River County Council on Aging is requesting the $15,000 match money for the grant to build a day care room on the south side of the Sebastian Senior Center at 815 Davis Street, Sebastian. · The Day Care program gives families the freedom and flexibility to handle daily responsibilities with the knowledge that their loved ones are happy and secure. We appreciate the support of the city of Sebastian. Arlene S. Fletcher Executive Director AS :jab City of Sebastian, Florida Subject: Public hearing for Ordinance No. O-01-25, revised conceptual development plan for a proposed 80-acre planned unit development situated south of South Moon Under Subdivision and West of Schumann Lake. Agenda No. /9 I. O q q Department Origin.'_. Orowth Management Tracy E. Hass ~ Date Submitted: November 20, 2001 ,q /' .~/~ff-.//'~7 For Agenda of: November 28, 2001 Exhibits: Orct~c'e No. O-01-25, Conceptual Plan, Location Map, and P&Z recommendation. EXPENDITURE REQUIILED: None AMOUNT BUDGETED: None APPROPRIATION REQUIP,_ED: None SUM/VlARY The following is the original summary of the Davis PUD. However, the plan has been modified, in accordance with the Treasure Coast Regional Planning Councils Strategic Regional Policy Plan, to add a small neighborhood cmrunercial node. The proposed Davis PUD is located on an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the associated conceptual development plan. The conceptual development plan is included as part of the submittal package. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zonh~g designation of RM-8 (multi;family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plala outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 ~.mits/acre axed a cumulative density of 7.32 units/acre (total laird area minus 10.9 acres of lake area and 10.8 acres of roadways). The overall density and total number of units remains unchanged. In addition to the above, the proposed PUD includes a 1.0-acre cmrunercial node located on the Southside of the proposed Fleming Street extension. Inclusion of the commercial node is in compliance with the Regional Plaming Councils guidelines for insuring sustainable development within such plam~ed conm'mnities. Additionally, such commercial nodes mhd any use of a commercial nature shall be designed to serve the needs of the residents of the planned development, and such uses shall be desig-ned so as to maintain and protect the residential character of the plam~ed developrnent and adjacent residential neighborhoods as well. See Section 54-2-5.11 of the LDC for further clarification. Furthermore, attached you will fred a copy of the staff review and recorrmaendation, as provided by the Regional Planning Council. The Planning and Zoning Commission reviewed the revised conceptual development at their regular meeting on November 01, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold first reading and schedule a quasi-judicial public hearing mud adoption hearing for December 12, 2001. ORDINANCE NO. 0-01-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORII)A, AMENDING ~ CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANhrED uNn: V~:WLO~'~rrNT t, OCATEt~ ~OaTaWEST OV SCatmA~a,~ rim; ~o ALLOW A COIVIM-ERCiAL,NNPROVIDIING FOR REPEAL OF ORDINANCES OR ~,,~mrs OF ORm~,t~CES~IN co~n~ic:r ~REWITm ~mOVmmC; ~'o~ S~:VrRA~aa,~; ~V PROV~INC; ~O]~ ~ Er~'~:c~'rw VA~'E. '. gO'bL W~AS, ~ accordance with the reco~endation of the Treasure Coast Kegion~ Pl~ng Counc~, Bfi~ Davis has filed a petition for mendment to the conceptual Development PI~ for the Davis P~ to add a co~erci~ node Mong the major thoroug~e therein; ~d WHE~AS, the City Counc~ has provided notice of the proposed zomg ch~ge ~d conducted a pubhc he~ing to receive citizen ~put; ~d W~AS, the Ci~ CouncH of the Ci~ of Sebasti~ Florida, has considered the criteria identified ~ the L~d Development Code together Mth the reco~ended findings and reco~endations of ks st~ and Plamg and Zo~g Com~ssion; and WHE~AS, the City Council finds that the proposed use is consistent Mth the goMs, objectives ~d other elements of the Comprehensive Land Use Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ]FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being w/thin the incorporated area of the City of Sebastian, Indian River County, Florida: The West 'A of the Northeast lA of Section 18, Township 31 South, Range 39 East in Indian River County, Florida. Section 2. AMENDMENT OF CONCEPTUAL DEVELOPMENT PLAN. The Conceptual Development Plan of the Planned Unit Development Residential for the real property described in tl'ds Ordinance (Davis PUD) is hereby amended in accordance with the attached rendering to include the commercial node as shown therein. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid or unconstitutional, 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 5. EFFECTIVE DATE, Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter B ames Councih,nember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Kay Coniglio and, upon being put into The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2001. CITY OF SEBASTIAN, FLORIDA AT T]~ S T: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SESASTtAR PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 1,2001 The color of the proposed shed was indicated to be the same as the primary home. Staff recommended approval. MOTION by CarbanolSmith make a motion that we approve the accessory structure at 497 Melrose lane. Roll call: Mr. Mahoney -yes Acting Chmn. Barrett -yes Mr. Svatik - yes Mr. Smith - yes Ms. Monier(a) - yes Ms. Carbano - yes Mr. Rauth - yes The vote was 7 - 0. Motion carried, N.EW BUSINESS: B. Public Hearing - Recommendation to City Council - Revised PUD Conceptual Development Plan - Davis 80 Acre PUD Mr. Brian Davis, 9347 141,t Ave., Feltsmere, FL, is the applicant and was present. Mr. Davis, Paul Croy, and Tracy Hass were sworn in by the Acting Chairman at 7:07 P.M. Mr. Davis gave presentation indicating that the Treasure Coast Regional Planning Council recommended that some commercial facilities be added to this development. He indicated that the commercial facility would amount to 1.92 acres. Tracy Hass gave staff presentation which recommended approval. He indicated that the commercial node in this development would be placed on the south side of the Fleming Street extension which would comply with various regulations to place commercial nodes on thoroughfares. Acting Chmn. Barrett opened the public hearing at 7:1 0 P.M. Mr. Paul Croy, 749 S. Fischer Circle, Sebastian, FL, asked for more information on the commercial node. There was discussion on this issue. Acting Chmn. Barrett closed the public hearing at 7:10 P.M. Tracy Hass gave a description of this development and cited some changes to the proposed PUD. Entrance location, traffic flow, and the Fleming Street extension were topics of discussion, as were commercial uses and buffers. Tracy indicated in staff summation that the applicant would be encouraged to reduce the 1.92 acre commercial tract to 1.0 acres which would provide sufficient amount of properly or acreage for a small commercial type of development like a neighborhood PLANNING AND ZONING COMMISSI.ON MINUTES OF REGULAR MEETING OF NOVEMBER 1,2001 grocery store or something of that nature. Otherwise, he indicated that staff recom- mends approval as submitted. MOTION by Carbano/Smith I make a motion that we recommend to City Council to accept the modification to the Davis Conceptual PUD with the recommendation that it be reduced to 1.0 acres for commercial use. Roll call: Mr. Mahoney - yes Acting Chmn. Barrett - no Ms. Carbano - yes Mr. Smith - yes Ms, Monier(a) - yes Mr. Svatik - yes Mr. Rauth - no The vote was 5- 2. Motion carried. CHAIRMAN MATTERS: MEMBERS MATTERS: None Mr. Mahoney inquired about the concrete block wall in front of the Chesnut carwash on CR 512. It was explained that City Council required that wall. He then asked about the reconsideration of a motion that this Board made several weeks ago in reference to the communications tower. ATTORNEY MATTERS: Atty. Stringer noted that the applicant for the communication tower has requested that this Board abate until they can make an application to come before P & Z on the PUD amendment for consideration. He informed the Commission that the applicant is also looking for another location that would be more appropriate, within that area. He noted that this issue wilJ come before this Commission at the next meeting. DIRECTOR MATTERS: None Acting Chmn. Barrett adjourned the meeting at 7:46 P.M. (~ ~/7/o-I AB) September 25, 2001 3dr. Tracy Haas Growth Management D/rector City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: City of Sebastian Comprehensive Plan Adopted Amendments - DCA Reference No. 01-1 Dear M2'. Haas: This is to notiS/you that the Treasure Coast Regional Planning Council will be providing a recommendation to the Department of Community Affairs (DCA) on the above referenced plan amendments, which we received on September 20, 2001. Council staff will review the adopted amendments for consistency with the Strategic Regional ?olicy Plan (S1LPP) and provide a written report to DCA with/n 30 calendar days of receipt. Staff anticipates presenting its report and recommended comments to Council at the regular meeting of October 19, 2001. Prior to the Council meeting, Council staff will send you a copy of the meeting agenda and the staff report and recommendations. We invite you to attend the meeting, where you will be afforded an opportunity to address the Council. Following the meeting, the recommendations as approved by the Cotmci] will be £m~arded to you m~d to DCA. If you have any questions or comments, please feel fi-ce to call. Sincerely, DR2 Coordinator JTS/wh ~Brin~in~ C omrnuniri es To~e tl~ e~" · ~ t. i 9 7 ~ 301 East Ocean Boulevard - Suite 300 - Stuart, ~Florida 34994 Phone ($61) 221-4060 - SC 269-4060 - ]Fax (561) 221-4067 - E-mail - admin~)tcroe.or[r TREASLrRE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 7R Date: Subject: Staff October 19, 2001 Council Meeting Local Government Comprehensive Plan Review Adopted Amendments to the City of Sebastian Comprehensive Plan DCA Reference No. Introduction Pursuant to the Treasure Coast Reg-ional Planning Council's contract with the Department of Commurfity Alfa/rs (DCA), Council must review comprehensive plan amendments after their adoption. Council's review of the information provided is to' focus on the consistency of the adopted amendments with the Strategfc Regional £olicy ~lan (SKI>P). B ack~ound The City of Sebastian has adopted one Future Land Use Map (FLUM) amendment to its comprehensive plan. Council reviewed the proposed amendment at its June 15, 2001 meeting (see Exhibit A). The City has also adopted amendments to the Future Land Use Element of its comprehensive plan to address statutory requirements regarding the siting of public schools. These amendments have not been reviewed previously by Council. Evaluation A..Amendments to Future Land Use Map The DCA Objections, Recormmendafions, and Comments (ORC) Report was issued on June 29, 2001. The ORC Report contained no objections or comments. Council had one comment on the proposed amendment. A summary of'Council's cormment and the City's response follows. Council Comment--Council encourages the City to promote the development of .. sustainable neighborhoods with a mix of housing .types, a neighborhood commercial~'~ -~nter, and ~ fi~iwork of interconnected streets and sidewalks to ai~w for various ~1 \ modes of transportation. Council encourages the City to promote authentic neighborhood development on this 80-acre parcel and any other large undeveloped property within the City to ensure a more sustainable community for the future. 3. New Policy 1-2.9.2 thai more specifically commits to the City to seek thc collocation of parks, libra.tics, and community centers with public schools. Conclusion Based on the information received by Council the adopted amendments are considered CONSISTENT with thc goals and policies of thc SRPP. Recommendation Council' should adopt the above comments and approve their transmitta! to thc Department of Community Affairs. At~actlmcn% City of Sebastian, Florida 0~CE OF THt~ CITY ATTORNEY/~ AGENDA TRANSMITTAL Agenda No. E) l. Z (o ~' Subject: Ordinance 0-01-26; Date Submitted: 11/20/01 Unregistered vehicles and vessels For Agenda of: 11/28/01 SUMMARY: Per Council direction, this Ordinance makes it a violation to maintain a junk or inoperable vehicle or vessel in the exterior of a residential property. The absence of a tag or registration shall be primafacie proof of a violation. RECOMMENDED ACTION: At Council's discretion - Pass Ordinance O-01-26 upon first reading and schedule public hearing fo.~r December 12, 2001. ORDINANCE NO. O-01-26 A_N ORDINANCE OF THE CITY OF SEBASTi. A_N, FLORIDA, AMENDING CODE Ole ORDINANCES SECTION 66-3 (NUISANCES) ILLUSTRATIVE ENUMERATION; PROVIDING FOR CONFLICTS~ SEVERABILrI'Y~ AND EFFECTIVE DATE. WHEREAS, it is the finding of the City Council that the accumulation of unlicensed or derelict vehicles and vessels in the neighborhoods constitutes a nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TltE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ,Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 66-3, is hereby amended to read as follows: Sec. 66-3 Illustrative enumeration.. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of' the following items, conditions or actions is hereby declared to be and constitute a nuisance, however, tNs enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (12) Inoperative, junk or abandoned vehicles and vessels in the exterior portions of residential property. The presence of a vekicle or vessel that is unregistered'or licensed shall constitute prima facie evidence of a violation of this provision. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABI[LITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, 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 provision. 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 take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio and, upon being put into The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2001. CITY OF SEBASTIAN, FLO1LIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney HOM]E Oi~ FF.;iJCAN ISL;~J~D City of Sebastian, Florida Subject: Wheel Drive Agenda No. Purchase Four Maintenance Exhibits: Contract Airport Departme~ --General Services: ~t " Date Submitted: November 19, 2001 For Agenda of: November 28, 2001 (1) Quote from Fischer Chevrolet, Specification 42C, Brevard County EXPENDITURE REQUIRED: $17,632.33 AMOUNT BUDGETED: $17,726.00 IAPPROPRIATION REQUIRED: SN/A SUMMARY In an effort to improve maintenance operations and aesthetics at Sebastian Municipal Airport (SMA), staffis recommending the purchase of a four-wheel drive pick-up truck. Tiffs is necessary to continue airport maintenance operations without having to "rent" vehicles from the Public Works Department. This will greatly increase the efficiency of both Airport and Public Works operations. Additionally, having a maintenance vehicle specifically equipped for airport operations will significantly increase the safety of both maintenance and flight activities. Proper hghting and communications are imperative when ground vehicles are operating in. aircraft movement areas. Finally, in order to improve the marketability of available land at SMA, a great deal of effort needs to be placed in malting airport grounds more aesthetically pleasing. Without the proper equipment, this time-consuming task can become a low priority over safety and security related items, a situation wlfich may deter potential teaseholders. This purchase will ensure that there is always a vehicle available for maintenance operations; therefore all aspects of airfield maintenance can be accomplished effectively m~d efficiently. RECOMMENDED ACTION Move to approve the purchase ora 2002 Chevrolet 1500 4x4 pickup truck (CK15903-Spec 42C) on Brevard Comxty Fleet Contract from Fischer Chevrolet-Oldsmobile in the amount of $17,632.33. 2002 C~ev~ole~ Sliverado 1500 OK15g03 Rog C~b 133.0" V~ 4WD 2002 Chevrolet SJlverado t500 CK!5903 Rag Cab 133.0" WB 4WD Prepared For Brevard County Speo 42.0 Total Options Desltn~1ion Charge Adve~Adju~tments SELECTED OPTiONS, coD~,,, D~Sc~i~lo. ...... FEB GT4 QNK NATIONAL REGION SOLID SMOOTH RIDE SUSPENSION PEG -inc: twin tube 32mm sho:ks (STD) (N/A wF~..82 FEDE~L EMISSIONS (N/A w/LU3 Engine) 4.BL (293) SFl V8 ~OR~C) ENGINE ~SPEED ELEC~ONtCALLY-CONTROLLED AUTOmaTIC T~NSMISSION W/OD. inc: t~ns 01[ tooter, bmke/~n8 shift in~eHock LOCKING DIFFE~NTIAL NOT DESIRED PREFERR~ EQUIPMENT GROUP (5) P245~ER1 ~ ALL-S~SON 8ER BSW TIRES (STD) VINYL SBAT TRIM SOLID PAINT AIR CONDiTiONING (STD) ~TR AM~ S~REO 4~:: s~ete=~n, dt~al dock, 4 s~aksm ~STD) ARG~N~-PAt~D S~L WHEELS W/OHROM5 CENT!R CAP (STD} FOR ERRORS OR OM~SIONS. ~ INFOE~TION ID 8U~ECT TO C~GE W~OU7 NOTICE, pege 1 FISCHER CHEVROLI~T- OLDSMOBILE !28 South E[opk_/ns. Avenue Thmsvilie, Florida 32780 Chevrolet Dealer Code Oldsmobile DeaIer Code 26-212 26-294 Phone Number (,~l) ?="'" Fax Number '" ~ (.~1) 264-6650 Number o£p~es ~clud/ag cove:, ~_ Message: HO]~' 'O~ PE331~ ]SIAI~D I Subject: Authorize Purchase of a Broom f~ for ~an Municipal Airport. '~l~rre~ee ' Moore, Ci~ Manager City of Sebastian, Florida Agenda No. 0[, 2 6 q General Services: Date Submitted: November 14, 2001 For Agenda of: November 2.8, 2001 Exhibits: Quote Tabulation Form EXPENDITURE REQUIRED: $ 5,973.12 AMOUNT BUDGETED: $ 70,543.00 lAPPROPRIATION . REQUIRED: $ N/A SUMMARY In an effort to improve maintenance operations and the aesthetics of Sebastian Municipal Airport, staff is recommending the purchase ora rotary broom attachment to be mounted on the Airport's John Deere tractor. This broom will be used for sweeping runways, taxiways, etc. as well as aid in the removal/prevention of vegetation growing through cracks in the pavement. It will also allow for improved safety, as sweeping the runways and tax/ways helps remove debris (roclcs, sand, pavement aggregate, etc.) that can cause Foreign Object Damage (FOD) to arriving and departing aircraft. As part of an existing grant agreement w/th the Florida Deparmaent of Transportation (FDOT), Aviation Section, only 20% ($1,194.63) of the broom's price will be financed from the Airport Enterprise Fund. The remaining 80% will be provided by the FDOT grant agreement for Maintenance Facility and Equipment. in coordination with the Airport Department, the City Purchasing Division researched the sweeper ma,nufacturers and suppliers and obtained quotes for different types of equipment. Anticipating quotes based on established government contracts (or "piggybacking"); infon-nal quotes were solicited in lieu of sealed competitive bids as required by code. M-B Companies, Inc., quoted the lowest price as shown in the Quote Tabulation Form attached. Its price is based on North Carolina D.O.T. Bid 6720/002118 and Purchase Order 200486. Airport and Fleet management staff agree that the sweeper sprinkler option is not required and that a second set of brushes should be included in this purchase. RECOMMENDED ACTION Move to approve rotm-y broom purchase from M-B Compmfies, linc., in the mount of $5,973.12. 0 r~ ~J 1.12 City of Sebastian, Florida Subject: Installation of Clock and patterned sidewalk Agenda No. 0 ~ . II [ Department Origin: P~3~bl~ic Dept. Head:' General Services: Date Submitted: 11/2.~01 For Agenda of: 11/28/01 Exhibits: Cost Esfimate 81qd 8±re P3.~ri EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 7,542 $ REQUIRED: $ 7,542 SUMMARY The Public Works Departmem will be installing the Clock tower upon arrival this week. The attached site plan prepared after selection of tl~e site and ordering of the clock, requires additional funds to be appropriated for installation, site prep and additional landscaping. The est/mated cost for the installation is $7,542. This figure includes all conduit, equipmem rental and all labor and materials required for full installation. The second phase of this project per the site plan will be the patterned sidewalk to be installed after the road has been paved. Funding for the project, as well as paving and sidewalk will come from the P,_iverfront Redevelopment Special Revenue Fund. RECOMIVIENDATION Move to appropriate $7,542 for the clock tower installation, site prep at~d landscaping. ITl ANN'I'VEI SAR Y CLOCK PAVERS 3/8' APART 22'-4 (EXISTING DRIVE~/AY W/4 3/B' ADDED) HEDGE 2" ABDYE EXIST, DRIVEWAY EXTEND GRASS LANDSCAPING 'FO EDGE DF WAL!~/," ~ FELLSNERE RD, (C.R, 512) FLDVER BED (W/2" ADDED DRIVEWAY) FORM TO RAMP UP 2' TB MATCH ELEVATII3N OF STAMPED DRICKS WITH ELEVATION DF PAVER BRICKS REMO'~"~E DRIVEWAY AND FORM CONTINUATION OF WA!6K FROM ROAD TO EDGE DF CLOCK PAVERS (MATOH'..~.~LEVATIDN DF SIDEWALK AND RAMP UP ~' AS :~NDTED ABOVE) · .....>, , '~-,C~2'~ ............. CUT 7'-4" WIDE AND REMOVE MATERIAL 4" DEEP TB PROVIDE FORMING FOR SIMULATED DRICK STAMPED CDNC. WALK (STAMPED BRI£K PORTION WILL BE 6' WIDE) ClNI)~d DN 9NI)t;~¥cl ON BENCH