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HomeMy WebLinkAbout02-12-2025 CC AgendaN( l,* SEBASTIAN CENTENNIAL CELEBRATION 1924.1024 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 12, 2025 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. Proclamation - Invasive Species Awareness Week - February 24th - 28th, 2025 - Donna Halleran, Pelican Island Audubon Society, and Felicia Gordian, City of Sebastian Environmental Technician BriefAnnouncements: Friday, February 14 - Chamber of Commerce Finally Friday on Cleveland Street - 6 to 9pm - Penny Creek Band Friday, February 14 - Valentine's Day Bingo - Senior Center - 10am to noon Saturday, February 15 - Sebastian River Art Club - Art by the River - 8am to 4pm Friday, February 21 - Chamber of Commerce Concert in the Park - 5: 30 to 8: 30pm - St. John's Wood Saturday, March 8 - Free Star Gazing Party in Riverview Park - 6: 30 to 9pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input"provides and opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-16 A. Consider Approval of January 22, 2025 City Council Minutes Staff Report January 22, 2025 City Council Minutes pgs 17-20 B. Alcohol Beverage Approval — Duffell Family Staff Report Duffell Alcohol Request pgs 21-23 C. Alcohol Beverage Approval — Siegfried Family Staff Report Siegfried Alcohol Request pgs 24-27 D. Alcohol Beverage Approval — Vieyra Family Staff Report Vieyra Alcohol Request 9. COMMITTEE REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input or action except City committee member nominations and appointments under this heading. pgs 28-34 A. Natural Resources Board - Consider Appointing One Alternate Member Staff Report Application Board Member List Advertisement 10. PUBLIC HEARINGS 11. UNFINISHED BUSINESS 12. NEW BUSINESS pgs 35-76 A. Consideration of Resolution R-25-04 to accept FDOT Public Transportation Grant Agreement (PTGA) — Engineer & Design Terminal Apron Expansion Staff Report Resolution R-25-04 X26 453357 PTGA Design Terminal Apron pgs 77-81 B. Consideration of a purchase order for Palm Bay Concrete & Materials Inc., not to exceed 2 $93,154.64, for concrete services on N designee to execute. Staff Report Procurement Justification Palm Bay Concrete Quote A.Thomas Const Quote Central Ave and authorize the City Manager or pgs 82-85 C. Consideration of a purchase order for Conlon Landscaping Inc. not to exceed $868,440.00, for swale work and sod work in line with phase 3 road repaving and authorize the City Manager or designee to execute. Staff Report Procurement Justification Conlon Landscaping Quote Phase 3 Road Paving Map pg 86 D. Presentation on the City of Sebastian See My Legacy Memorial Program Staff Report 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS Council Member Nunn Council Member Dixon Council Member Dodd Vice Mayor Jones Mayor McPartlan 17. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council). NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING 3 Regular City Council Meetings Public input is ALLOWED under the headings: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards) • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments) • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is THREE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE February 12, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Consider Approval of Draft January 22, 2025 City Council Minutes EXECUTIVE SUMMARY Draft minutes of the January 22, 2025 City Council Meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. January 22, 2025 City Council Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 5 On 0 SEBAST� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 22, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:00 p.m. 2. Pastor Alexis Talbott, Sebastian United Methodist Church, gave the invocation. 3. Vice Mayor Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Kelly Dixon Council Member Ed Dodd Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams City Engineer/Special Projects Director Karen Miller Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Human Resources Director Cindy Watson Airport Manager Jeff Sabo Deputy Chief Tim Wood 5. AGENDA MODIFICATIONS — None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Announcements were made by Vice Mayor Jones. Thursday, January 30 - IRC MPO "Target Zero" Public Input Workshop - I ]am to Ipm - North CountyLibrary (Target Zero plans to address roadway safety strategies within the CountJ) Monday, February 3 - Four Chaplains Ceremony at Veterans Memorial Park -1]am 6 Regular City Council Meeting January 22, 2025 Page 2 Friday, February 7 - Chamber of Commerce Concert in the Park - 5:30pm to 8:00pm - Bobby Owen Band Saturday, February 8 - Craft Club of Sebastian in Riverview Park - 10am to 3pm 7. PUBLIC INPUT — None 8. CONSENT AGENDA A. Consider Approval of Draft January 8, 2025 City Council Minutes 25.011 B. Consideration of a Purchase Order for Palm Bay Concrete and Materials, Inc. Not to Exceed $40,390.88 for Concrete Services for the Roads Division 25.012 C. Consideration of Alcohol Beverage Approval for the Cruce Family at the Sebastian Community Center 25.013 D. Consideration of Alcohol Beverage Approval for the Perez Family at the Sebastian Community Center MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve Consent Agenda Items A through D. Roll call: Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS — None 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 25.014 A. Consideration of Resolution No. R-25-03. Sunnortine Lepaislation Reauirina Hands -free Cell Phone Use While Drivinp- The City Manager explained that the City was contacted by Joan Kriss, a Board Member of Bike Walk Indian River County, and asked to consider a resolution in support of Florida legislation requiring hands -free cell phone use while driving. Bob Auwaerter, the Vice Mayor of Indian River Shores and also a Board Member of Bike Walk Indian River County, spoke of his desire to raise public awareness after he and his wife were in a near -fatal collision because the other driver was on the phone. Mayor McPartlan shared that he was driving on I-95 this morning and saw a car flipped on its side. It was just one car, and typically this happens from inattentive driving. h Regular City Council Meeting January 22, 2025 Page 3 Council Member Nunn asked if this type of legislation had ever considered hands -free use while riding on bicycles. He has seen many instances of people being on their phones while riding bicycles and not paying attention at all. Mr. Auwaerter said to his knowledge these types of legislative efforts have not been applicable to bicycles, but he has seen examples of inattentive bicyclists as well. Vice Mayor Jones said a bicycle is considered to be a vehicle under the Florida statute with rights to the road just like a car. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Resolution No. R-25-03. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 5-0 25.015 B. Consideration of First Reading of Ordinance 0-25-03 — Petition for Voluntary Annexation — 0.9163 Acre Parcel — A Portion of Industrial Park Boulevard, a Private Road, North from 99th Street Staff Report The City Attorney read the title of proposed Ordinance 0-25-03. The Community Development Manager explained this is a voluntary petition for annexation to partially correct an error within a 1987 annexation ordinance and also to begin the process for a new PUD subdivision application. This is for a portion of Industrial Park Boulevard, a private, unplatted road. In 1987 Henry Fischer petitioned the City to annex quite a large area for development of the Vickers Grove Sand Mine and the Fischer Industrial Park Subdivision. The sand mining operations are now coming to a close and there is a potential developer who is interested in the property for the development of a subdivision. In reviewing the legal descriptions for the PUD subdivision application, City Staff discovered the error in the 1987 annexation ordinance. Industrial Park Boulevard is actually two parcels and the metes and bounds descriptions of one of the parcels was left out of the 1987 annexation ordinance. The current annexation petition is to correct this omission from 1987 and also for this road to be annexed into the City if the proposed subdivision gets approved. All of the areas and lands that this road provides access to are within the City of Sebastian. Staff recommended approval of Ordinance 0-25-03. The second reading of the ordinance is not scheduled until May 14, 2025 to give time for upcoming public hearings, including hearings for Planning & Zoning for the rezoning, the Future Land Use Map (FLUM) amendment, and the Conceptual PUD Plan that will come before Council. Staff would still recommend annexation of this road even if the Conceptual PUD Plan is not approved because it is still a public benefit to have this road within the City limits. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-25-03 with a second date for reading and adoption on May 14, 2025. 0 Regular City Council Meeting January 22, 2025 Page 4 Council Member Dodd asked if this is just the annexation of the property required for the roadway and the right of ways that are associated with it. The Community Development Manager confirmed that is the case. She said even if it is annexed into the City, it will remain a private, unplatted road. The ensuing applications that Council will review will be for some additional property, including the sand mine, but Ordinance No. 0-25-03 only annexes the road. Council Member Dodd asked if the intent is to have a second access for the PUD when it is brought forward. The Community Development Manager said yes and the Conceptual PUD Plan will show that. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Motion carried. 5-0 24.010/25.016 C. Consideration of Resolution No. R-25-02 to ACCept FDOT Public Transportation Grant Agreement (PTGA) providinp, funds for the Construction Phase of Taxiway Golf at the Sebastian Municipal Aimort The City Manager explained that this is a resolution to accept a Public Transportation Grant Agreement to assist us with the construction process for a new Taxiway Golf at the Sebastian Municipal Airport. The City has budgeted a 20% match of Discretionary Sales Tax (DST) in the amount of $197,520 that is necessary for this grant, and we anticipate receiving the second half of this grant for the same amount in July 2025 which will provide the total amount needed for the construction. The Airport Manager mentioned that this is the first of multiple phases of construction to make the northwest corner of the Airport more accessible for future development, aircraft will move around from that part of the field, and this will be the taxiway. We will follow this with adding an apron that will run alongside it and make the adjacent grass area between there and the fence buildable property for hangars and the like. The third phase of that, when the time comes, will be to bring in the infrastructure, such as an access road and utilities. This is the first step in these phases of development. Council Member Jones asked if this was area with asphalt that had been an older runway. The Airport Manager confirmed that this area had been Runway 13-31. It runs from the northwest corner down to the mid field. The Airport is using a 35-foot portion of what is a 150-foot runway. The remaining area outside the 35 feet will become the apron. In the meantime, the minimum necessary to move aircraft will be the 35-foot section and it will run from that corner, which is basically a dead end at the far north corner of the Airport, and provide additional movement for locals and for the new development with the hanger that is already in the plans, along with the skydive operation. Council Member Jones recalled that this area had been used as a dumping area and asked if it has been cleaned up by now. F61 Regular City Council Meeting January 22, 2025 Page 5 The Airport Manager responded that the Director of Public Works has made a tremendous effort and the area is just about ready for the work to begin. There will be some more survey work but they have time to do that before the second grant comes in. MOTION by Council Member Dixon and SECOND by Council Member Nunn to approve Resolution R-25-02 and accept the FDOT grant that will fund the construction of the Taxiway Golf at the Airport. Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 25.017 D. Consider Indian River Countv Supervisor of Elections' Request to Use the Council Chambers as an Earlv Votina Polliniz Location during the following dates: August 8th - August 15th. 2026 and October 19 - October 31, 2026 The City Clerk explained this is a request from the County Supervisor of Elections to use the Council Chambers for early voting for the 2026 primary and general elections. This will affect the August 12, 2026 and October 28, 2026 Council meeting dates. Mayor McPartlan thought skipping the August 12, 2026 was a good option because that is close to the dates for the League of Cities conference from August 13-15, 2026. He also expressed whether another meeting would need to be rescheduled in October would depend on how many items Council needed to address at that time. Otherwise, after the October 14, 2025 meeting, there would not be another Council meeting until after the election in November. Mayor McPartlan asked about the City Manager moving the elections signs during the times of early voting. The City Manager confirmed that his plan was to remove the signs by 5:00 pm each evening and allowing them to go up again by 7:00 am the next day, but he was also happy to hear more feedback from Council on this. Council Member Nunn wanted to remind everyone that while the City is providing a place for people to put their signs, the City is not responsible to monitor or keep track of the signs. He heard complaints last year that signs were being picked up or taken by someone who did not own them. Technically that area is reserved for the Supervisor of Elections during the time of early voting. MOTION by Vice Mayor Jones and SECOND by Council Member Dixon to approve the use of the Council Chambers by the Supervisor of Elections for early voting. Mayor McPartlan asked for public input, and there was none. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye 10 Regular City Council Meeting January 22, 2025 Page 6 Motion carried. 5-0 25.018 E. Consider Indian River County Supervisor of Elections' Request to Use the Community Center as a Polling Location The City Clerk stated this is a request from the County Supervisor of Elections to use the Community Center as a polling location for the 2025 municipal election, the 2026 primary election, and the 2026 general election. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the use of the Community Center by the Supervisor of Elections as a polling location for the 2025 and 2026 elections. Mayor McPartlan asked for public input, and there was none. Roll call: Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS 24.122/25.019 A. Status Update on Interlocal Agreement between Indian River County and the City of Sebastian relating to Water and Wastewater The City Attorney gave a status update on the Interlocal Agreement that was entered into back in September of 1995. Under the terms of that agreement, Indian River County and the City of Sebastian took on certain responsibilities related to the future provision of water and wastewater. At the direction of City Council on November 20, 2024, the City Attorney was asked to obtain an opinion from outside counsel, Mr. Andrew Mai, who has knowledge on complex utilities and was the interim City Attorney in the past, to find out what options the City might have under the Interlocal Agreement. Specifically, Mr. Mai was asked to evaluate the obligations of the City and the County and whether the agreement is enforceable. Mr. Mai gave an opinion that he believes the agreement is enforceable. The City Attorney and the City Manager spoke with Mr. Mai on the phone today for further clarification and asked him to be available for the City Council meeting tonight on Zoom to give a supplemental opinion and to respond to follow-up questions they had for him. The City Manager reviewed the three options that Mr. Mai had presented in his opinion. 1) Continue discussions with the County in order to expand the obligations of the parties through negotiation or amend or release the parties from their obligations under the Interlocal Agreement. 2) Explore City options under Section 6.07(A) of the Interlocal Agreement and the imposition of special assessments. 11 Regular City Council Meeting January 22, 2025 Page 7 3) Solicit funding options to help homeowners since House Bill 1379 gives homeowners the option to replace their existing septic tank with a nutrient reduction septic tank when a sewer connection is not available. Mayor McPartlan said that option 3 sounds good because some homeowners are going to have to replace their septic tanks. He also commented that nothing seems to happen by having discussions with the County. What stood out to him when he looked at the Interlocal Agreement is that on page 23 of the agreement it states: The County will furnish water or wastewater service earlier than the time period established in this section if a public health problem occurs or the demand for such service makes the service economically feasible. Mayor McPartlan said he thinks a public health problem exists because of how many leaking septic systems are out there. The City Attorney pointed out the agreement does not define what would be considered a public health problem. She would like Mr. Mai to provide more input on that option as well as Section 6.07(a) relating to the City expanding the system with special assessments. Mr. Mai said that additional data and analysis would be needed, but he believes there is the potential to consider this a public health problem, although public health problem is not defined in the agreement. He thinks it is prudent to keep the County informed as to what the City is considering and get the County's position on it. He said he is not sure what kinds of bonds are tied up with the improvements the County has made or what kind of capital expenditures the County has made in reliance upon this agreement, but this agreement may be an impediment to the City in resolving the problem without knowing all of the possibilities. Council Member Dodd said there is no doubt that Council has to continue discussions with the County, and we need to hear from the County either a yes or no on whether they will service the whole City of Sebastian and how they will plan to do it. Whether it is done because of Section 6.07(a) or some other part of the agreement, there needs to be a yes or a no. The biggest issue is a timeframe. This has been discussed without resolution since he got on Council in 2016. He also noted this is a separate from the septic -to -sewer discussion within the CRA District, and he would like to talk about that as well when the time is right. He would like Mr. Mai to take the next step in the evaluation process before at some point in time the septic tanks will begin failing and prices will rise as these problems increase. He wants the City to move forward with protecting citizens from this problem and he agrees with trying to find grant money at the same time as discussing the matter with the County. The City cannot afford to do what has been done in the CRA and provide grants to pay for half of the cost of the conversion on a citywide basis. He is in support of sending a letter from the Mayor to the County Administrator and the Chair of the County Commission and tell them the City would like to set up a formal committee and a formal communication channel to get to the yes or no answer from the County to begin working towards a solution within a specific timeframe. We need to keep the County involved in this conversation, and we need to be prepared to take action, even if it is legal action based on the Interlocal Agreement. 12 Regular City Council Meeting January 22, 2025 Page 8 Vice Mayor Jones pointed out that according to the Interlocal Agreement, there were specific deadlines to expand the system and a map that shows where the expansion must occur. He asked if we have a map or information from the County indicating that these expansions have happened by those specific deadlines? The City Manager said that the deadlines within the agreement referred to installation of water service, not sewer, and he does not know if this was completed within the timeframe, but he believes this was completed. Mayor McPartlan said when they were installing the water pipes, the County was supposed to install the sewer pipes simultaneously. Council Member Dodd stated there is nothing in the agreement that indicates that is how it would happen. Section 6.08(b)(4) is the only place where it mentions wastewater. He recalls that he heard the County Administrator said in their joint meeting that the City did not ask for this, but he does not know if the City must ask. The City Attorney said the agreement does say the City must ask. Council Member Nunn pointed out that the Section 6.08(B)(4) states: The County will provide wastewater service simultaneously with the installation of public water service in any designated area if the City reauests such service in writing, and the County has the wastewater treatment capacity available and a financing plan approved by the City and County is developed for providing such service. Council Member Nunn asked if the City or Council had made that request in writing. Council Member Dodd said they should do that as a result of this meeting. The City Manager read the Section 6.08(B)(4) again. The County will provide wastewater service simultaneously with the installation of public water service ... if the City requests such service in writing. Council Member Nunn realized this means the request should have been made when the water service was being installed. He also noted that wastewater and water service is being installed now within the new developments. He referred to Section 6.07(E) on page 113 where it states: The City will own any water or wastewater improvements which are constructed with funds for which the City imposes special assessments. After the improvements are constructed, the City may transfer such improvements to the County and the County shall accept the improvements as part of the County Utility System. While the improvements are in the ownership of the City, the County shall operate, maintain, repair, and replace, if necessary, such improvements as if the improvements were part of the County's utility system. The County's cost to operate, maintain, repair and replace such improvements shall be included in the County's usual utility charge to its customers. 13 Regular City Council Meeting January 22, 2025 Page 9 This means if Sebastian has to built a wastewater plant itself, the cost of maintaining that will be on the County according to this agreement. Mr. Mai said the caveat to that would be provided the County has identified within its most recent adopted wastewater capital improvement plan adequate treatment capacity, but if that exists, that is a route for the City. The City Manager said that the City could look more into option 2, exploring the options under Section 6.07(A) of the Interlocal Agreement using special assessments. Mayor McPartlan said what bothers him about Section 6.07(A) is that it means there will be a new plan. The last plan was done in 2017 and it was before House Bill 1379 came up. This is not just affecting Sebastian. There are many residents within the County that do not have sewer service. Council Member Dodd said to build a plant and have a special assessment, the County would have to determine that they need the capacity and what is built will provide the capacity. It is complicated. He wants to know whether or not the County will commit to providing wastewater service to Sebastian residents that still need it, with a plan and a timeframe for completion. We want the County to let us know if they can provide the wastewater service and Sebastian will be investigating alternatives if they cannot. They do not need to do a major engineering study. They can obtain the information from GIS to determine capacity requirements. The City Manager summarized the direction he has received from Council. He will have staff draft a letter to send to the County on behalf of the Mayor expressing that the City is looking at options and asking if they can provide the wastewater service within a certain timeframe. Council Mayor Dodd asked the City Attorney if a resolution from Council would lend more credence than a letter from the Mayor. The City Attorney said it could be done either way. She was amenable to drafting a resolution and has already started drafting one, but a letter could go ahead and be sent before a resolution is prepared. Council Member Nunn said sending a letter would be faster. The City Attorney reminded Council that the City passed a resolution along those lines in 2023 after the joint session with the County Commission at the North Indian River County Library, and that resolution can be attached to the letter and say that this has been ongoing issue of concern. Council Member Nunn asked if it would be of assistance to declare a public health problem in the City based on our septic issues. Mr. Mai said if the City has evidence to back it up, they could take that route. He thinks that would be quite extreme, but it may be necessary if there is evidence to support it. Council Member Nunn said according to the environmental groups it is a health emergency. Council Member Dodd said the County did a study on their own that was approved by the County Commission that listed the top polluting areas within the County from septic and 14 Regular City Council Meeting January 22, 2025 Page 10 parts of the Sebastian Highlands were in the top 10. He does not think the letter needs to be brought back to Council for approval if the City Attorney and City Manager are comfortable with the wording and the Mayor approves it. It should be sent to the Chair of the Commission with a copy to the County Administrator and County Attorney. Mayor McPartlan suggested sending a copy of the letter to the other municipalities as well. Council Member Nunn would definitely recommend sending a copy Fellsmere since they have a similar situation. Council Member Dodd said that Fellsmere cancelled their sewer study. Sevtic-to-Sewer in the CRA District Council Member Dodd would also like to recommend a letter be sent to the County from the Mayor related to the septic -to -sewer issues within the CRA District. Council had approved $100,000 to spend on materials for extension of the infrastructure within the CRA and the right-of-way approvals that were needed, but no action has been taken on that by the County. He thinks the letter should state the agreement the City has reached and would like to receive a plan from the County on implementation. The City Manager clarified that there was specific direction given by Council on the agreement they want from the County on December 11, 2024: The City would commit up to $100,000 to cover materials; the City also would like a commitment from the County that our residents will not be assessed any costs for this project; and the City would also like specific timelines on when the project would be completed. He had previously met with the County Administrator and a County Commissioner and worked out the preliminary agreement that the City would pay the material costs and the County would do most of the work in house, though there is some work that has to be done by an outside third party. The County will have the responsibility to obtain the easements since it is their utility, but the City and County to can work together to discuss with property owners and get the easements in place for the properties. Council Member Dodd wanted clarification on when this meeting with the County Administrator, County Commissioner Laura Moss, and Utility Department Head had taken place. The City Manager confirmed that meeting was in October 2024. The City Engineer was present at the meeting as well. Meeting minutes were taken and he sent them to the County, but there has not been any further communication since that time. He reviewed what was discussed at the December 11, 2024 Council meeting was his communications with the County Administrator from December 10, 2024 in which the County had proposed using operating revenues to cover the cost of project management, construction, and other related services for the public infrastructure for the CRA septic -to - sewer project and the City/CRA would cover the cost of the material related to the project and will assist the County in obtaining the necessary easements. Council Member Dodd asked for a second letter to confirm there is an agreement in place that consists of an implementation plan with timelines. 14. CITY MANAGER MATTERS — None 15 Regular City Council Meeting January 22, 2025 Page 11 15. CITY CLERK MATTERS — None 16. CITY COUNCIL MATTERS A. Mayor McPartlan — None B. Council Member Nunn gave the City Manager an update on establishing a cold weather shelter in Sebastian. There have been some logistical issues to work out. He is still working with Ryan at the County and the Red Cross on this, and they are not ready to get the cold weather shelter set up just yet. C. Council Member Dixon — None D. Council Member Dodd — None E. Vice Mayor Jones — None 17. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 6:52 p.m. Approved at the February 12, 2025 Regular City Council meeting. Mayor Bob McPartlan ATTEST: Jeanette Williams, City Clerk 16 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE February 12, 2025 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SEBASTIAN SUBJECT Alcohol Beverage Approval — Duffell Family CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The Duffell family is having a Wedding Event at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Staff Report 2. Rental Application 3. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 17 GIM HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 'For emergency purposes ONLY, please dial 772.473.0454 Today's Date: —� > Name of P�nittee (permits may only be issued to an adult) Akj..P—,. Physical Address Name of Organization (if applicable) Mailing Address (if different) City State Zip Phone n �, --- C.,c Reason for Rental —Type of F ion E-Mail Address Anticipated Number of Attendees (Must be less than a maximum of 50) Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Time: From 1 To r1 v Pcfuce Date of Birth Verified by I, IC the undersigned, acknowledge that I am the applicant or authorized agent of the above refers ed organization, that I afi aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this applic 9 on and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failur to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in p or full, of the security deposit. Sig77t 18 CITY OF SEBASTIAN 2940 LEISURE SERVICES RECEIPT Name ��! �� V �` � _j Cash Date t t 3 _j Check Gei", be-Ae 'Credit (o coo _ 11,010 0 A4 Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit �-�ro •0� 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 4AJ VVA -F-VW-A 11�s c � ►�-iv�cl � , t l �e 00 Total Paid S-S-7 Initials White - Deot. of Oriain • Yellow - Admin. Svcs. • Pink - ADolicant 19 Thank you for your payment! This service has been provided by City of Sebastian, FL and Point & Pay. We value your business. Please keep this receipt for future reference. You have made a payment to City of Sebastian, FL, your payment was processed at All Offices office . The City of Sebastian thanks you for your payment. For questions about your account, please call 772-589-5330 Name: RYAN DUFFELL Address: 842 BEARD AVE, SEBASTIAN FL, US, 32958 Contact: 7724736271 Comments: Payment ID: 169226000 Date: 01/13/25 04:06 PM Subtotal: $559.00 Fee: $12.95 Total: $571.95 Method: Credit Card(************9185) Item Purchased Transaction Description Account Amount Miscellaneous Sebastian GOV 2940 $559.00 Signature: Date: By signing this receipt you agree to the terms and conditions of this service. You will see one line item on your credit or debit card statement indicating the amount you paid and will be identified as Sebastian GOV . If you have any questions about the charges please call 1-888-891-6064. Print Receipt Close Window 20 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE February 12, 2025 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SEBASTIAN SUBJECT Alcohol Beverage Approval — Siegfried Family CENTENNIAL CELE0RATION 1914.1014 EXECUTIVE SUMMARY The Siegfried family is having a baby shower at the Yacht Club and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Staff Report 2. Rental Application 3. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 21 M �rL SEBASTIAN HOME OF PELICAN ISLAND t Club L6/z�- a-m �p 5 CITY OF SEBASTIAN YACHT CLUB RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 * For emergency purposes ONLY, please dial 772.473.0454* Today's Date: 1/19/?5 Lisa Sieqfried Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) RAJ FnSlor �,n Physical Address Sehastian FI City State y � h n "i-e. !-- Reason for Rental — Type of Function Mailing Address (if different) 3?9.58 Zip Anticipated Number of Attendees (Must be less than a maximum of 50) q/19/95 11 nnnm Requested Date Time: From Please answer the following yes or no 1) Are you a resident of Sebastian? vote 2) Will there be an admission charge or door charge? Nn 3) Will alcoholic beverages be served? _WJ-P If yes, please provide govt. issued ID proof of age 3 � 7 A / v Date of Birth ( 56131054 Phone liga.SIE( fi_edCo2nmail.com E-Mail Address qnnnm To Verified by I, Lga nn c;Aq,, A , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2945 Name Zj,-:5 a-,�/� ��1 -e d J Cash Date / /.-2 / /�7,0:2s j � Check ��' /C4_r,h � C /cam /�� mho Lk) YiCredit 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 00 150 1 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 7 H ck tip ck-- 1� c5,1 4-o +ke-- �ZOLhfi'c1 uh a:�4 C_L� HWA �h 31►-2�, (0Y 311 J4 Re4u V.- Y-\ 11VTO-5 2%';;; Amount Paid Total Paid 45o 2-f White - Dent. of Oriain • Yellow - Admin. Svcs. • Pink - Aoolicant 23 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE February 12, 2025 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SEBASTIAN SUBJECT Alcohol Beverage Approval — Vieyra Family CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The Vieyra family is having a Baptism Celebration at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Staff Report 2. Rental Application 3. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 24 01) 0 $EBAST!A1V HOME OF PELICAN ISI AND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 ' for emergency purposes ONLY_please dial772.473.0454' Today's Date: Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) City State Zip Phone Reason for Rental — Type of Function E-Mail Address 5o Anticipated Number of Attendees (Must be less than a maximum of 150) MQ �On )o 9�s— N, 0 u n Requested Date Time: From To Please answer the following yes or no \ 1) Are you a resident of Sebastian } C 2) Will there be an admission charge or door charge? N 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Datb o 8irth Verified by I,\1 llJll� V �"l the undersigned, acknowledge that I am the applicant or autnorizeo agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded it the ouilding is left clean and undamaged nowever failure to clean the facilities immediately after the use, or causing any damage0 the facility will result in forfeiture in part or full of the security deposit. Signat of 4p Iicant 25 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2938 Name lLeY r _j Cash Date �' -1 Check ✓n ►'Yl t9 ✓l 1 177C f�� - ACredit 3 tit 5 �2s�: 1 2�aPr,�- tm�c7of7w� 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services ?I ck� U C) CL �f" +P� cc? W1 m y h t Lq ce,4!- 'cV -J�• c M Ct' i J 13(o � -{v Yn key cb De.p v6 ib rc{-0nd. wi ✓v+ctJ� OVA 3 Initials Amount Paid -;�5D.0o 540.0o H f, gn � 2-& Total Paid White - Degt. of Onain - Yellow - Admin. Svcs. - Pink - Aoblicant 26 Thank you for your payment! This service has been provided by City of Sebastian, FL and Point & Pay. We value your business. Please keep this receipt for future reference. You have made a payment to City of Sebastian, FL . The City of Sebastian thanks you for your payment. For questions about your account, please call 772-589-5330 Name: ANALI VIEYRA Address: 829 TULIP DR, SEBASTIAN FL, US, 32958 Contact: 7725842422 Comments: Payment ID: 169013878 Date: 01/09/25 09:41 AM Subtotal: $806.20 Fee: $18.95 Total: $825.15 Method: Credit Card(""""""2931) Item Purchased Transaction Description Account Amount Miscellaneous Sebastian GOV 2938 $806.20 Signature: Date: By signing this receipt you agree to the terms and conditions of this service. You will see one line item on your credit or debit card statement indicating the amount you paid and will be identified as Sebastian GOV . If you have any questions about the charges please call 1-888-891-6064. Print Receipt Close Window 27 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELE0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE February 12, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Natural Resources Board EXECUTIVE SUMMARY The Natural Resources Board nurtures the beneficial relationship between the City's residents and the environment by protecting, preserving, and promoting the City's natural resources. There is a vacant alternate member position open with an expiration date of July 2026. RECOMMENDATION In response to the City Clerk's advertisement, new applicant, Laura Thompson would like to be considered. No other applications have been received. ATTACHMENTS: 1. Application 2. Committee Member List 3. Vacancy Announcement FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 28 atYOF HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: LMVVR T ► IDmpwi Address: 1 1'Jkj LAMSAb\&M� D' • Zip: 62-0169,' Telephone: ({� E-Mail Address: nimir $22(9 90ind• Cow Employer: SAW un Sol Vb w I u ,. City: -selo boor ) 4ZZ - 5122 (,Um te') City: N+Wo 10V State: Him I I Zip: Business Telephone: ( �Og ) 5 2) 55D(D I am interested in serving on the following board(s)/committee(s): 15t Choice: Nf0fVy_R I ftSWyQ S bWO ,V� 2"1 Choice: State: P L— IM I1 CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment 29 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) —J�Avf. woyod H-5 Days as M e, rl V1'V Do ni e Y1 frA S6,trifis} cut MC uvid id watfr al/all'tw fi blvgeorh.enri"shrw - 1'vt S r - w l(,L- J d]S doivl9 kidworl- s ivA *U 112L ! 1 have a M.S. io oceanogralo A.nd C Da S tA, I SGi-W(PS fyom LS U L2,6u) Ltd a A. � , i n Wri e Su.�wc Why do you want to serve on this board? I'm VP,+v CuI I �f.leaStido and "tka l fit, m w hdrnG and -k)OVIrl h ILe -tD con-hvlve wovv,,'n j -t-D pmmt it. 1 rf if n� l U Mr trd A -grylo ve posi b ors I Inijfi wovid 11 V? rD lovokffj and i olf rmed (m If -L updates . 1 ve owe oireal i S 4-Y TK CiM of SebaJfian Do you presently serve on another City Board or Committee? ND If yes, please list: Have you previously served on any other City Board or Committee? N)o If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httr)://www.fIsenate.sov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. pP Signature of Applicant: �� Date: �28125 g Date Received by City Clerk's Office I %'L`1 1 2 by: ikl\ OVA 30 Thomp822@gmail.com Laura Thompson (843)-422-5722 Environmental Scientist Sebastian, FL Environmental Scientist with a background in water quality and focus on conserving and restoring environmental resources, mitigating pollutant loads into watersheds, and applying knowledge in environmental policies, compliance, and resq#lch techniques related to environmental VT?rectqp programs. Skilled in technical writing and report preparation of various projects, while continuously seeking challenging assignments in decision -making processes and environmental programs. EDUCATION M.S. in Oceanography & Coastal Sciences - Louisiana State University - Baton Rouge, LA July 2018 - May 2020 B.S in Marine Science - University of South Carolina - Columbia, SC Aug 2012 - May 2016 RELEVANT EXPERIENCE Dawson Solutions, Environmental Scientist LLC. • Assists in projects relating to marine debris, wetlands and ecological surveys, NEPA, Sebastian, FL (Remote) asbestos and lead -based paint, munitions debris remediation, and hazardous waste cleanup 10/2024- Present • Conducts and assists data analysis, scientific and technical report preparation and review, Hours/week: 40 public involvement, field operations, and proposal preparation • Field work conducting wetland delineations, site inspections, T&E species surveys, compliance assessments, and marine debris surveys • Works independently to manage ana complete project deliverables, submit meeting minutes, project reports, and provide professional support to senior staff Applied Ecology Inc. Environmental Scientist H Melbourne, FL • Assist in projects involving, but not limited to, groundwater, stormwater, wetlands, and Best 09/2022 — 10/2024 Management Practices, and associated work under the Clean Water Act, Endangered Species Hours/week: 40 Act, and Marine Mammai rrotection Act for federal, county, city, and private clients • Prepares and writes professional technical reports, including data analysis and graphical figures, for regulatory agencies and clients. • Reviews, analyzes, and evaluates technical data, reports, and research studies • Datasct Management, organization, data evaluation, and statistical analysis • Assist project managers in providing deliverables, moderating meetings and presentations, maintaining budgets, and providing input for project plans and site determinations • Field work throughout Florida and the Indian River Lagoon conducting groundwater sampling, stormwater sampling, sediment sampling, wetland delineations, site inspections, T&E species surveys, compliance assessments, and seagrass surveys • Use of software such as Microsoft Office, XLStat, ArcGIS Field Maps, ArcMap Pro • Project coordination and correspondence with project managers and clients of federal, , (.6ty, and/or private entities FAU Harbor Branch Water Quality Technician Oceanographic • Operate, maintain, troubleshoot, and perform sensor verifications on water quality sampling Institute instruments for the Indian River Lagoon Observatory Network (IRLON) Fort Pierce, FL • Operate field investigations under FDEP and 14BOI Foundation funding sources, adhering to 03/2021 — 09/2022 sampling contracts, and use of EPA SOPs Hours/week: 40 • Speak with general public and communicate awareness of water quality data, aquatic health conditions, and impacts on the Indian River Lagoon 31 • Organization of field data and documentation, and maintenance of field equipment and laboratory supplies • Perform monthly site validations & water sampling for validity of continuous telemetric instrument data • Assist with sample processing and analysis of water quality samples • Trailer, operate, and work from 15'-24' vessels in IRL and Lake Okeechobee Louisiana State Graduate Research Assistant University • Research Jocus!pd Qn marine water quality and sediment biogeochemistry within dredged Baton Rouge, LA areas in the Gulf of Mexico 07/2018 — 05/2020 • Investigate the benthic sediment -water exchange of oxygen, nitrogen, and phosphorus via Hours/week: 30 continuous flow -through sediment -core incubations • Overnight, labor intensive field work collecting sediment cores and water samples • Analyses using laboratory instruments such as Discrete Auto Analyzer, Membrane Inlet Mass Spectrometry, redox potential sensors, and UVNIS Spectrophotometry • Scientific data entry, evaluation, analysis, interpretation, reportinL,,, c ting, and scientific writing on water quality and biogeochemistry National Oceanic & Environmental Toxicology Intern Atmospheric • Intern assisting with NOAA's 2016 Oil Spill Shoreline Cleaner Project mesocosms Administration - • Assisted in dosing simulated contaminated ecosystems and collecting data samples Charleston, SC . Maintained water quality of mesocosms, documented temperatures, salinities, & dissolved 05/2016 — 08/2016 oxygen levels, and performed biological surveys Hours/week: 30 • Proficient with YSI instrumentation and UV light equipment. • Responsible for biological data entry of plant and animal species into Microsoft Excel PUBLICATIONS OF RESEARCH Thompson, L., Maiti, K., White, J. R., DuFore, C. M., & Liu, H. (2021). The impact of recently excavated dredge pits on coastal hypoxia in the northern Gulf of Mexico shelf. Marine Environmental Research, 163, 105199 Pinckney, J. L., Thompson, L., & Hylton, S. (2017). Triclosan alterrl((ons of estuarine phytoplankton community structure. Marine pollution bulletin, 119 (1), 162-168 CERTIFICATIONS AND TRAINING • NAEP NEPA Essentials Workshop, September 2024 • Wetland Assessment Procedure Training (WAP), Southwest Florida Water Management District, April 2024 • FDEP Stream Biological Assessment Methods Training, Port Richey, FL; 8 hours, March 2024 • OSHA 30 Hour Construction Safety Certification Course - 2024 • First Aid and CPR AED, Health & Safety Institute, 2022 — 2024 • Little Big Econ Wetland Delineation Workshop, Geneva, FL; 16 hours, September 2023 • DOI Motorboat Operator Certification Course (MOCC) - 2022 • Florida Boating Safety License - 2020 • SSI Advanced Adventurer Diver - 2015 • SDI Rescue Diver Certification - 2015 • AAUS Scientific Diver Certification — 2015 32 NATURAL RESOURCES BOARD Daniel Bruggen Appt reg 10/16/2024 Term expires 7/1/2026 158 Delmar Street Sebastian, FL 32958 Appt alt 3/20/2024 dbruggen()a att.net (321)294-7879 Sherida Billman Apptd reg 7/27/2022 Term expires 7/1/2025 781 Bayfront Terrace Sebastian, FL 32958 sheridabill manCa)vahoo.com (408) 370-3925 Paul Dovell Apptd reg 1 /8/2025 Term expires 7/1 /2027 730 Kroegel Avenue Sebastian, FL 32958 Apptd 6/12/2024 pau ldovel l e.comcast. net (443) 244-7389 Matt Krauss Apptd reg member 2/14/2024 Term expires 7/1/2025 115 Flint St. Apt B Sebastian, FL 32958 mattkraussvt(a)gmail. com (802) 585 5882 Donna Ware Reapptd 7/27/2022 Term expires 7/1/2025 781 Tuxedo Terrace Apptd 4/10/2019 Sebastian, FL 32958 diwares(d).4mail.com (757) 999-0331 Thomas Carrano Reapptd 7/26/2023 Term expires 7/1/2026 1558 Esterbrook Lane Sebastian, FL 32958 Apptd reg 8/26/2020 Carrano.T1956 a)gmail.com (631) 561-5891 Appt alt 11 /20/2019 Charles Stadelman - Chair Reapptd 7/26/2023 Term expires 7/1/2026 146 Mabry Street Sebastian, FL 32958 Reapptd 8/26/2020 stadelman(a)bellsouth.net (772) 584-5522 Apptd 9/13/2017 Alternate - Vacant Term expires 7/1/2025 Alternate — Vacant Term expires 7/1/2026 Revised 1.9.2025 Four (4) regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 33 On C1 Sgw� A EBAST" HOME OF PELICAN ISLAND December 27, 2024 Contact: City Clerk's Office 388-8215 PRESS RELEASE NATURAL RESOURCES BOARD The City of Sebastian is seeking applicants to fill the following unexpired terms on the Natural Resources Board: One Regular Member Position — Term will Expire July 1, 2027 One Alternate Member Position — Term will Expire July 1, 2026 This board is currently working on the "Sustainable Sebastian" initiatives to reduce single -use plastics, encouraging native landscaping, promoting sustainable energy resources, protecting the water quality, and promoting natural connectivity through trails and bike paths. Applicants should be available to work on these initiatives outside of the board meetings. More information can be found at: htti)s://www.citvofsebastian.ora/260/Natural-Resources-Board The board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. This is a volunteer position and applicants must have been a City resident one year prior to application. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.ora. and will be accepted until January 27, 2025. 34 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE February 12, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeffrey Sabo, Airport Manager Consideration of Resolution R-25-04 to accept FDOT Public Transportation Grant Agreement (PTGA) — Engineer SUBJECT & Design Terminal Apron Expansion, Giving Approval for the City Manager to Execute EXECUTIVE SUMMARY The City of Sebastian Municipal Airport is seeking approval from City Council to approve acceptance of a Public Transportation Grant Agreement (PTGA) which will allow the airport to begin the design process for enhancing and expanding the aircraft parking apron at the Sebastian Municipal Airport Terminal Building. The current apron space and layout only allows secure parking for six (6) aircraft. With strategic additions to the asphalt surface and a new layout, the available parking will be doubled - to twelve (12) aircraft spaces. This apron is a primary receiving area for transient aircraft and new arrivals and is located adjacent to the airport fueling facility. The total project cost for this design phase is $230,000 to be funded through two separate grants from the FAA at 95% and FDOT at 2.5%. The City's responsibility will also be 2.5%, which is $5,750. This Resolution will accept the PTGA grant 453357-1-94-01 of $5,750 from FDOT. The FAA grant pre -application has been submitted and should be processed in the coming months. RECOMMENDATION Staff requests consideration of Resolution R-25-04 to approve the PTGA FM453357-1-94-01 from FDOT reflecting state funds for the design phase of the terminal apron expansion at the Sebastian Municipal Airport and authorizing the City Manager to execute the appropriate documents. ATTACHMENTS: 1. Resolution R-25-04 2. PTGA FM453357-1-94-01 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $5,750 $45,000 Discretionary Sales Tax Additional Funds Needed: $ 0.00 35 RESOLUTION NO. R-25-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF FM453357-1-94-01 "ENGINEER & DESIGN TERMINAL APRON EXPANSION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM453357-1-94-01 in the amount of $5,750 for the engineering and design of the terminal apron expansion at Sebastian Municipal Airport, providing for 2.5% of the actual project cost, said project cost for the City of Sebastian is estimated to be $5,750 and WHEREAS, the City of Sebastian desires to begin the design phase and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Public Transportation Grant Agreement #FM453357-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 36 The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Ed Dodd Council Member Kelly Dixon Council Member Chris Nunn The Mayor thereupon declared this resolution duly passed and adopted the 12t" day of February, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10124 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 ( item-seg ment-phase-sequence) 453357-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: Federal Award Date: N/A CFDA Number: N/A Agency UEI Number: CFDA Title: N/A CSFA Number: N/A CSFA Title: N/A THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Citv of Sebastian, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Enaineer and Desian Terminal Apron Expansion, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports _ Transit _ Intermodal _ Rail Crossing Closure X Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit E1: Prohibition Based on Health Care Choices Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) 38 Page 1 oT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 X Exhibit F: Contract Payment Requirements *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 39 Page 2 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: The estimated total cost of the Project is $230,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $5,750 and, the Department's participation in the Project shall not exceed 2.50% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's 40 Page 3 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. 41 Page 4 OT Sg STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project 42 Page 5 OT Sg STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms 43 Page 6 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors 44 Page 7 OT Sg STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by 45 Page 8 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinaleAudit(d)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httr)s://harvester.census.aov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(c�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. 46 Page 9 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a�dot.state.fl.us State Funded: In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: 47 Page 10 OT 30 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(-a,dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(aDdot.state.fl.us FWATIT91 State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudqen localgovt(cDaud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as 48 Page 11 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 49 Page 12 oT 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Projects with Non-profit Organizations. Pursuant to Section 216.1366. Florida Statutes, if the Agency is a nonprofit organization as defined in Section 215.97(2)(m), Florida Statutes, the Agency shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Agency ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Agency. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S., and must additionally be posted to the Agency's website, if the Agency is a non-profit organization and maintains a website. The Agency shall utilize the Department's Form 350-090-19, Compensation to Non - Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: iii. "Officer" means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. iv. "Remuneration" means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, 50 Page 13 oT 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 severance payments, incentive payments, contributions to a retirement plan or in -kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing and meals. v. "State Funds" means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the Federal Government and distributed by the state, or funds appropriated by the state fo distribution through any grant program. The term does not include funds used for the Medicaid program. I. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include 51 Page 14 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 52 Page 15 oT 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10124 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. 53 Page 16 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OCC 10124 AGENCY Citv of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: John P. Krane, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 54 Page 17 of j9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Engineer and Design Terminal Apron Expansion B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Apron Rehabilitation/Reconstruction: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement enhancement or reconstruction (such as concrete, asphalt, rejuvenators, or sealants), joint construction, pavement markings, lighting and signage, drainage, and utilities, including all materials, equipment, labor, and incidentals required to rehabilitate or reconstruct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron (Construction/Extension/Strengthening): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment, subgrade preparation, base course, surface course, joint construction, pavement markings, lighting system improvements (includes conduits, lights, conductors, cans, lightning protection, vault, and ALCS upgrades), high -mast lights and signage, drainage, utilities, and fencing and gates, including all materials, equipment, labor, and incidentals required to construct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron Lighting Installation/Upgrade: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey costs, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, demolition, trenching and backfilling, high -mast lights, signage, airfield lighting, cables, guidance signs, conduits, lightning protection, structural concrete, required vault equipment modifications, and pavement repairs, including all materials, equipment, labor, and incidentals required to complete the work. The Sponsor will comply with Aviation Program Assurances. Apron Markings: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey, construction inspection costs, mobilization and demobilization, maintenance of traffic, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the apron. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. 55 Page 18 OT 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 56 Page 19 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR Management Type Category Number 453357-1-94-01 DPTO 088719 453357-1-94-01 FAA 088719 453357-1-94-01 LF 088719 State Object CSFA/ Fiscal Code CFDA Year Number 2025 740100 N/A 2025 740100 N/A 2025 740100 N/A Total Financial Assistance B. Estimate of Project Costs by Grant Phase: Phases* I State Local Land Acquisition $0.00 $0.00 Planning $0.00 $0.00 Environmental/Design/Construction $0.00 $0.00 Capital Equipment/ Preventative $0.00 $0.00 Maintenance Match to Direct Federal Funding $5,750.00 $5,750.00 CSFA/CFDA Title or Funding Source Description N/A N/A N/A Funding Amount $5,750.00 $218,500.00 $5,750.00 $230,000.00 Federal Totals State Local Federal $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $218,500.00 $230,000.00 2.50 2.50 95.00 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 (Transit Only) Totals $5,750.00 1 $5,750.00 1 $218,500.00 1 $230,000.00 1 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Laurie McDermott Department Grant Manager Name Signature Date 58 Page 21 oT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10124 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Laurie McDermott (email: Laurie. mcdermott(c�dot.state.fl.us) or from an appointed designee. Anv construction phase work performed prior to the execution of this required Notice to Proceed is not subiect to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department's right-of-way: The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. 59 Page 22 oT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10124 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that maybe required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or 60 Page 23 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10124 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. I. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final "walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, 61 Page 24 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10124 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. 62 Page 25 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 10124 ENGINEER'S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans for construction on the Department's Right of Way certified by the Engineer of Record/CEI. SEAL: By: Name: Date: P.E. 63 Page 26 of j9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 64 Page 27 of j9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit "B", Schedule of Financial Assistance, as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning 65 Page 28 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions 66 Page 29 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. 67 Page 30 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. 68 Page 31 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost -feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 69 Page 32 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency 70 Page 33 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non -airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA's priority system. 3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). 71 Page 34 OT sg STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State -certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. 72 Page 35 OT,59 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 73 Page 36 OT 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - 74 Page 37 OT sg STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 Exhibit E1 PROGRAM SPECIFIC TERMS AND CONDITIONS (Prohibition on Discrimination Based on Health Care Choices) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 339.08, F.S. and Section 381.00316, F.S. 2. Statutory Compliance. Pursuant to Section 339.08, F.S., the Department may not expend state funds to support a project or program of certain entities if the entity is found to be in violation of Section 381.00316, F.S. The Department shall withhold state funds until the entity is found to be in compliance with Section 381.00316, F.S. This shall apply to any of the following entities: a. A public transit provider as defined in s. 341.031(1), F.S.; b. An authority created pursuant to chapter 343, F.S., chapter 348, F.S., or chapter 349, F.S.; c. A public -use airport as defined in s. 332.004, F.S.; or d. A port listed in s. 311.09(1), F.S. - End of Exhibit E1 - 75 Page 38 OT 39 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address httiDs://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExiDenditures.iDdf. 76 Page 39 OT 69 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE February 12, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Lee Plourde, Public Works Director Consideration of purchase orders for Palm Bay Concrete & SUBJECT Materials Inc., not to exceed $93,154.64, for concrete services on N. Central Ave and authorize the City Manager or designee to execute Staff is requesting consideration of purchase orders for Palm Bay Concrete & Materials Inc., in an amount not to exceed $93,154.64, to remove and replace 5,390 square feet of sidewalk, along with removal of 1,110 linear feet of F-Curb and replacement with 1,110 linear feet of Miami Curb on N. Central Ave. This road has been on the road rehabilitation schedule since 2023, however, there was an extensive amount of required drainage enhancement, including sidewalk and curb work, which delayed completion of the paving. In consideration of this request and with your approval, work can commence immediately and be completed with the next two months. Quotes were requested from two contractors on the City's concrete services contract (ITB 24-17). A.Thomas Construction provided a quote for the work, but two non -contract items made their quote more expensive. The quote received from Palm Bay Concrete & Materials Inc. included price discounts on all contracted items. Therefore, the Roads Division requests to move forward and issue a purchase order to Palm Bay Concrete & Materials. RECOMMENDATION Staff recommends City Council approve a purchase order for Palm Bay Concrete not to exceed $93,154.64 and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Procurement Justification 2. Palm Bay concrete Quote 3. A.Thomas Construction quote FUNDING SOURCE: Expenditure required $93,154.64 Additional Funds Needed: S 0.00 Amount Budgeted: Funding source $114,319.00 DST funds remaining from the Davita Dialysis Sidewalk Project which is complete. 77 CITY OF Sfj3ASTj,N]N HOME OF PELICAN ISLAND PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: February 3, 2025 ✓❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Palm Bay Concrete & Materials, Inc. ITEMS OR SERVICES Concrete Services REQUIRED: ADDITIONAL INFORMATION The Procurement Division issued an Invitation to Bid for Concrete Services and awarded a contract to 5 vendors including A. Thomas Const. Inc. and Palm Bay Concrete & Materials, Inc. The services under this purchase order are being performed under ITB 24-17. Digitally signed by Jessica Graham eoo��a Date: 2 25.02.03 Approved: 09:58:27-05'00' Jessica Graham, Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 12/2024) 78 Palm Bay Concrete & Materials Inc 102 E. New Haven Ave 114 Melbourne, FI 32901 +13214081808 palmbayconcrete@gmail.com Estimate ADDRESS City of Sebastian ADDRESS North Central Ave ESTIMATE 1436 DATE 01 /28/2025 DESCRIPTION OTY RATE AMOUNT Concrete Cubic Yard + Fiber 70 202.68 14,187.60 Sidewalk, 4" Remove, Form & Pour - Square Foot 5,390 7.08 38,161.20 Curb, Miami - Remove, Form & Pour - Linear Foot 1,110 22.58 25,063.80 Concrete Cubic Yard + Fiber 53 202.68 10,742.04 Concrete Fill ------------------------------------ 1 5,000.00 5,000.00 Please note that discounted pricing has been applied due to the size of this TOTAL $93,154.64 project. Accepted By Accepted Date Page 1 of 1 79 A. THOMAS CONST. INC. CGC 1522275 Andrew Thomas PO. Box 3285 Ft. Pierce, FL 34948 Office: 772-216-5898 Atconst06(avahoo.com Equal Opportunity Employer MWBE December 30, 2024 City of Sebastian Lee Plourde Director of Public Works 505 Airport Drive West Sebastian, Florida (772)228-7000 Central Avenue Sidewalk Replacement • Remove and replace 866'(4333 S.F.) of 4" sidewalk @ $11.50 / FT • Sitework to raise the grade up 3" and the new taper from edge @ $1.50 S.F. (The city supplies fill materials) • Mobilization • MOT Total Cost $61,329.00 $49,829.50 $6,499.50 $2,500.00 $2,500.00 80 A. THOMAS CONST. INC. sse. ++ram' :� ...� December 3 0. 2024 City of Sebastian Lee Plourde Director of Public Works 505 Airport Drive West Sebastian, Florida (772)228-7000 Central Avenue Curb Replacement CGC 1522275 Andrew Thomas PO. Box 3285 Ft. Pierce, FL 34948 Office: 772-216-5898 Atconst06na,vahoo.com Equal Opportunity Employer M WBE • Remove 1006 L.F. of F-Curb and replace with Miami Curb @ $45.00 / FT. $45,270.00 • Repair 60' of existing F-Curb @ $12.00 / FT. $720.00 • Pavement Cut $2,000.00 • Mobilization $2,500.00 • MOT $2,500.00 Total Cost: $52,990.00 81 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE February 12, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Lee Plourde, Public Works Director Consideration of purchase orders for Conlon Landscaping SUBJECT Inc., not to exceed $868,440.00, for swale work and sod work in line with phase 3 road repaving and authorize the City Manager or designee to execute. EXECUTIVE SUMMARY Staff is requesting approval of the issuance of purchase orders to Conlon Landscaping Inc., in an amount not to exceed $868,440.00, for swale work and sod work in line with Phase 3 road repaving In 2023, the Procurement Division issued an Invitation to Bid (ITB 23-15) for Swale Improvements in Conjunction with Roadway Paving. The contract was awarded the contract to Conlon Landscaping, Inc. on October 11, 2023 by the City Council. The services under this purchase order are being performed under ITB 23-15. If approved, this request will complete the required swale work and sod for the remaining roads for the 2024 and 2025 road rehabilitation, which is now known as Phase 3 road repaving plan. RECOMMENDATION Staff recommends City Council approve a purchase order for Conlon Landscaping, not to exceed $868,440.00, and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Procurement Justification 2. Conlon Landscaping Quote 3. Phase 3 Road Paving Map FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $868,440.00 $895,468.10 DST Street Reconstruction Project Additional Funds Needed: $ 0.00 82 CITY OF Sf]3AST1,N]N HOME OF PELICAN ISLAND PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: February 3, 2025 ✓❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Conlon Landscaping ITEMS OR SERVICES Citywide Swale Improvements REQUIRED: ADDITIONAL INFORMATION In 2023, the Procurement Division issued an Invitation to Bid for Swale Improvements In Conjunction with Roadway Paving and awarded the contract to Conlon Landscaping, Inc. The services under this purchase order are being performed under ITB 23-15. Digitally signed by Jessica Graham aka Date: 2025.02 03 Approved: 12:08:28-05'00' Jessica Graham, Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 12/2024) 83 Conlon Landscaping Inc. In God We Trust! 706 South Easy St. Sebastian, FI 32958 Phone 772-388-5741 www.ConIonLandscapinglnc.com 26-0259207 TO: CITY OF SEBASTIAN ATTN: LEE PLOURDE ESTI MATE 1/31/2025 FOR: SWALE IMPROVEMENTS & SOD PROJECTION FOR REMAINING ROADS IN 2024 SCHEDULE & BARBER ST SWALE IMPROVEMENTS -REMAINING ROADS FOR 2024 PROJECTED SCHEDULE- DIG OUT & VEG REMOVAL & DISPOSAL SOD- FOR 2024 AREA- ST AUGUSTINE (70% OF AREA -HOUSES) & BAHIA (30% OF AREA) ALL SOD PRICING IS EQUAL TO BID PRICING BARBER ST ACCORDING TO ATTACHED MAP- Swale Improvements- Dig Out & Veg removal & Disposal BARBER ST- SOD- INCLUDING ST AUGUSTINE (45% OF AREA) & BAHIA (55% OF AREA) DIG OUT & VEG REMOVAL & DISPOSAL ALL SOD FOR 2024 PROJECT & BARBER ST REMAINING RIDS IN 2024 PROJECT: GENESEE AVE- CURRENTLY WORKING GEORGE ST- CURRENTLY WORKING REMAINING ROADS IN ORDER OF MAP LOCATIONS: STARBOARD ST, STAR ST, STONECROP RD, SUNPORT RD, GLADIOLA AVE, DAMASK LN 2024 PROJECT 53,425 L.F. CONLON HAS COMPLETED 25,201 L.F. SINCE JULY OF 2024 PROJECT BEGAN IN NOV OF 2023 WITH CONLON STARTING THE 2022 SWALE PROJECT SCHEDULE SINCE NOV 2023 CONLON HAS COMPLETED SWALE PROJECT YEAR 2022 SCHEDULE, YEAR 2023 SCHEDULE AND CAUGHT UP HALF OF THE 2024 PROJECT (53,425 L.F. IN 2024 PROJECT —CURRENTLY COMPLETED 25,201 L.F.= 28,224 L.F. REMAINING) s_y r TOTAL L.F TOTAL TOTAL AMNT 20,000 L.F. 390,000.00 222,000.00 8,000 L.F. 156,000.00 100,440.00 28,000 546,000.00 322,440.00 $868,440.00 84 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE February 12, 2025 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director SEBASTIANSUBJECT Presentation on the City of Sebastian See My Legacy CENTENNIAL CELE0RATION Memorial Program 1914.1014 EXECUTIVE SUMMARY The City has had a memorial brick and bench program for many years. Staff has recently transitioned the program to an online platform, See My Legacy. This format allows staff to customize the program, use real time photos, and easily edit material. It also provides an online method of payment. Presently we have the brick and bench programs on the platform and added an opportunity for functional art sponsorships. In the near future we will add a memorial tree program for our parks and facilities. We are also working on a section for the Police Department to make their fundraising efforts simpler and more efficient. RECOMMENDATION Consider acceptance of City of Sebastian See My Legacy program and its implementation. FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $1,600.00 $1,600.00 Parks & Recreation Operating Budget Additional Funds Needed: $ 0.00 M