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HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 23, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET~ SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-03-14) t. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BARCZYK 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 04.028 A. Presentation by Representatives of Patterson-Bach Communications, Inc. - Update Regarding Economic Development Marketing Strategies for Sebastian 04.026 B. 1-4 Presentation by Department of Human Resources - Inclement Weather Policy, Procedures and Lightning Prevention Education Program (HR Transmittal 6/16/04, Policy, Posting) 04.157 C. Presentation by Department of Engineering - Various Roadway Dynamics in Sebastian CONSENT AGENDA Afl ~m$ on tS con~nt a~n~ am ~nsidemd mu~e and ~11 ~ ena~ed ~ one ~o~n. mom w#l ~ no ~pam~ disc~sion of conse~ a~n~ ~ms un.ss a mem~r of C~y ~un~ so mq~$; ~ wh~h even~ ~e ~m will ~ mmo~d a~ a~ed u~n 5-16 A. Approval of Regular Meeting Minutes - 6/9104 04.108 B. 17-20 Waive Competitive Bidding Procedures and Approve Sole Source Purchase from Rodney Hall Housemoving, Inc. of Palm City, Florida and Authorize the $24,000 Expenditure and All Ancillary Expenses in an Amount not to Exceed an Additional $10,000 to Relocate the Cain (Snowshoe) House to Riverview Park (South) (City Manager/Building Dept Transmittal 6/17/04, Certificate, Proposal) 04.047 21-56 04.158 57-66 04.159 67-68 04.164 69-82 04.037 83-f18 Resolution No. R-04-25 Design, Permitting, Bidding and Construction Services for Rehabilitation of Taxiway "A" and Construction of Aircraft Parking Apron (Airport Transmittal 6/17~04, R-04-25, JPA Work Authorization #17, Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO REHAB TAXIWAY A & APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve Florida Department of Corrections Interagency/Public Works Agreement for One-Year Period from June 30, 2004 to June 30, 2005 and Authorize the City Manager to Execute Same (Public Works Transmittal 6116/04, Agreement) Approve the Following Road Closures for Saturday, July 3~d, 2004, Independence Day Celebration: -Indian River Drive from Jackson Street South to Southern City Limits from 5:30 am until Crowd Disperses after Parade -Davis Street from North Central Avenue East to Indian River Drive from 5:30 am until the Crowd Disperses after Parade -Indian River Drive from Coolidge Street South to Harrison Street as Crowd Arrives for Fireworks until 11:00 pm -Sebastian Blvd. from Just Past the Hess Station East to Indian River Drive from 5:30 am until 11:00 pm (Public Works Transmittal 6/15/04) Authorize the Execution of License Agreement Between the City of Vero Beach and the City of Sebastian for Use of Dark Fiber to Connect Sebastian Police Department and Indian River County (GSA Transmittal 6/15/64, Letters, Agreement) COMMITTEE REPORTS/RECOMMENDATIONS A. COMMUNITY REDEVELOPMENT ADVISORY COMMI'I-I'EE i) Interview All Applicants and Appoint Four Positions by Nomination and Vote ii) Each Councilmember Shall Name His/Her Appointee The Sebastian Property Owners Association Designates Andrea Coy and Executive Director of the Chamber of Commerce, Beth Mitchell, is Appointed iv) Appoint One Alternate from Pool of Applicants PUBLIC HEARING - none. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 2 '11. OLD BUSINESS 04.160 119-124 Resolution No. R-04-26 City Council Meeting Procedures (City Clerk Transmittal 6/17/04, R-04-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MA'Iq'ERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 12. NEW BUSINESS 04.161 125-128 Ordinance No. O-04-15 Amendment to Chapter 102, Article V, Sebastian Stormwater Utility, Set Public Headng Date for July 28, 2004 (Engineering Transmittal 6/15/04, O-04-15) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 02, ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 04.162 129-130 13. B. City Attorney Performance Evaluation (HR Transmittal 6/14/04) CITY ATTORNEY MAI'rER$ 14. CiTY MANAGER MATTERS 04.021 131-150 Acknowledgements and Compliments from Residents (City Manager Transmittal 6/1 5/04, Letters) 15. CITY CLERK MATTERS 16. CITY COUNCIL MAII'ERS 04.163 B. C. D. Mr. Coniglio Ms. Monier Mr. Barczyk Mayor McColium i. Proposals for Non-Binding Referendum Regarding Annexation 17. ADJOURN (A~ meet/ne= sha# adjourn at 10:30 p.m. unless extended for up to one half hour by a majo~ty vote of City Council) If any person decides to appeal a decision with any respect to any matter considered at the above headng or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: · Executive Session - July 14, 2004- 6:30 pm · Regular City Council Meeting - July 14, 2004 - 7:00 pm · Regular City Council Meeting - July 28, 2004 - 7:00 pm · Regular Cily Council Meeting - August f 1, 2004- 7:00 pm · Regular City Council Meeting - August 25, 2004 - 7:00 pm · Regular City Council Meeting- September 8, 2004- 7:00 pm · Regular City Council Meeting - Sep~mber 22, 2004 - 7:00 pm · Regular City Council Meeting - October 13, 2004 - 7:00 pm · Regular City Council Meeting - October 20, 2004 - 7:00 pm · Regular City Council Meeting - November 10, 2004- 7:00 pm · Regular City Council Meeting - November 24, 2004 - 7:00 pm · Regular City Council Meeting - December 8, 2004 - 7:00 pm · Regular City Council Meeting - December 22, 2004 - 7:00 pm 4 HOME O~ PELICAN ISha~D CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: Inclement Weather Policy and Procedures ed for Te~'~n'~ R. (~Manager Departn~.ent Origin:~mes Purchasmg/Contrnct~g: Finnnce Director: City Attorney: City Clerk: Date Submitted: June 16, 2004 For Agenda of: June 23, 2004 Exhibits: Inclement Weather PoUcy and Skate Park Posting EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Knowledge and common sense are the bost tools to reduce tbo risk ofinjury caused by severe we, ath~. Although park use is at the risk of the user, when severe weather threateas attendants at tbo Skate Fac~iW ~ ~ ~ issue rain ctu~ks, Al~c~,4ant~ at the Municipal G-off Course disco~im~e pro~ssing green fees until the sevca, e v0eather has passed. Additionally, lighmiag warning signs are placed around tbo clubhouse, rcstrooms, pr~shop, and on the goff carts. Modifications ar~ being made to tlg scorecards to include the ]igl0min~ wanling, "Hear it cloar it! See it fl~ it!" Us~l*S at parks without attcvd~nt~s must rely on their own knowledge and cd~nmoll ~ to prevent injuries. Additional lighming walning si~nagc will bo placed in all parks. Many park users believe they are safe from lighmingundorpavilio~sorindugouls. Tbot is not true. To that evC~at, signage will bo installed to wam us~xs that they are not in a ligbming safe structure. Information on li~ohming safety is provided to all our citizeas on Local Government Cb~n~125. Th~ City provide~ trainin~ (through tile 45* Weath~ Sq,~odron at Patrick Air Force Base) to all employees that are exposed to weather. Contact information for the 45~ Weather Squadron is also available on tbo govornmeat ahannol. HOME OF PEUCAN ISLAND City of Sebastian InClement Weather Policy Scope: This policy applies to all City of Sebastian attended parks and recreation facilities. Purpose: LJgl~ning/Thunder pose a sedous risk of injury at our parks and outdoor recreational facilities. Due to the seriousness of this issue and in an attempt to limit the dsk of injury to users as well as employees, the City of Sebastian has developed the following procedures for outdoor parks and recreation facilities: Procedures: A. Thunderstorm/Lightning 1. If thunderstorms are forecast, keep an eye on the weather. 2. Since sound travels more slowly than light, a generally safe practice is to clear all patrons from the park at the first sound of thunder. Employees/citizens should seek safe shelter or return to their vehicle. 3. The minimum standard should be to follow the Flash/Bang technique to determine the distance and speed of the storm. FlashlBan,q Technique: For every five (5) seconds from the time of seeing the lightning flash to headng the associated thunder, lightning is one (1) mile away. (Divide the number of seconds by 5) The NLSl (National Lightning and Safety Institute) recommends the 30/30 rule which is suspend activities at a FIB of 30 (6 miles), or when first hearing thunder! Do not allow activities to begin until 30 minutes have passed since the last lightning/thunder. B. Citizen/Employee Awareness 1. It is the responsibility of each person to protect themselves from lightning and other dangerous weather systems. 2. Warning and informational signage will be placed in and around'park facilities. a. Structures not intended to be lightning "safe" (dugouts, pavilions, etc.) shall be designated as such with signage. b. Employees and park users should follow the basic adage: Hear it, clear itl See it, flee itl 3. Waming and educational information shall continue to run on the City's Government Channel and links to NOAA shall be placed on the City's Webpage. Enforcement: Attendants at the Skate Park shall notify patrons of impending severe weather and advise that they seek safe shelter. Citizens must rely on their knowledge of the flash/bang method and common sense to seek shelter when severe weather threatens. Inclement Weather Policy HOME OF PEUCAN ISLAND Sebastian Municipal Skate Park Closing criteria · Inclement weather (rain) · Severe weather Wet ramps create an unsafe condition in the skate park. The park will close during rain showers and remain closed until the ramps and concrete are completely dry. Lightning/Thunder pose a serious risk of injury at our parks. Due to the seriousness of this issue, the city of Sebastian has developed the following policy for the outdoor parks and recreation facilities: Thunderstorm/Lightning Evacuation If thunderstorms are forecast, keep an eye on the weather Since sound travels more slowly than light, a generally safe practice is to clear all patrons from the park at the first sound of thunder. The minimum standard should be to follow the Flash/Bang technique to determine the distance and speed of the stoim. Flash/Bang Technique For every five (5) seconds from the time of seeing the hghtning flash to hearing the associated thunder, lightning is one (1) mile away. (Div/de the number of seconds by 5) The NLSI (National Lightning and Safety Institute) recommends the 30/30 role which is suspend activities at a F/B of 30 (6 miles), or when first hearing thunder! Hear it - Clear it!!! All patrons will be cleared from the park as soon as thunder or lightning is seen or heard. Pa~:ons will be asked to ex_it to their car for safety. This is for your safety!!! No one will be allowed back in the park until 30 minutes have elapsed with out any additional sightings. If inclement weather persists the facility will close for the remainder of the day. If you have been at the facility less than 2 hours you will receive a rain check pass. Parents please be aware of the weather. If you dropped your child off or he/she walked or rode their bike, be prepared to come and pick them up!! HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 9, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor McCollum called the Regular Meeting to order at 7:20 p.m. He then led the Pledge of Allegiance. There was a moment of silence. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attomey, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Human Resources Director, Jim Sexton Police Chief, James Davis Public Works Director, Terry Hill Stormwater Engineer, Ken Jones Regular City Council Meeting June 9, 2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) None. PROCLAMATIONS~ANNOUNCEMENTSANDIORPRESENTA~ONS 04.015 A. 04.110 Certificate of Appreciation to Robert Manuel for Code Enforcement Board Service Mayor McCollum read and presented a certificate of appreciation to Robert Manuel. A.1. Relay for Life The Human Resources Director presented Relay for Life Awards as follows: 2nd place campsite, 2r~ place torch and a certificate for raising over $4,500. Cameraman Corey Barbour Corey Sarbour was recognized for his graduation from Sebastian River High School and his contribution tcthe City's meetings. Presentation by County Administrator Joe Baird - Water Utility Rate Equalization Char.qe County Administrator, Joe Baird gave a repe.rt on the 6% water utility rate equalization charge established in 1995 as a part of the intedocal purchase agreement and incorporated into a 1996 County bond issue, He said the charge is a requirement, that the fee goes into the general fund rather than the MSTU as was done previously; and noted the City also imposes a 10% public Service tax. Ms. Monier asked why all county residents do not pay the same rate. The City Attorney asked if the clause "at no one will be charged a higher rate for water with the rate equalization fee than any other customer", and Mr. Baird said it states "at no time shall rates and charges including the rate equalization charge for any class of user or property owner within the City exceed the total charge by the County including the County's franchise fee." The City Attorney said this reference did not seem to make the charge a requirement and asked what the fee equalized. Mr. Baird responded that it is equal to the franchise tax the County charges. He said the City system and debt were a detriment to County customers when turned over to the County, and reminded Council that the County had purchased the system and paid off the City's bond at the City's request; and recommended that if the Budget Committee is concerned the City's 10% utility tax could be lowered. The City Manager clarified the removal of the $2.50 utility tax when he first arrived was an effort to reduce millage. Regular City Council Meeting June 9, 2004 Page Three 04.131 1-1o The City Attorney inquired if the City charged a six percent franchise fee to City customers would the County equalization charge go away, and Mr. Baird said it would not because it was understood when it was established that it would exist. Mr. Heptinstall asked if the County used the City's right-of-way free of charge and Mr. Baird said they did. Mr. Baird said there is a purchase provision if the City was interested in taking over the utility. Ms. Monier said she understands this is legal but it is not fair and that it is time to make it right. Mr. Coniglio said the charge goes into the general fund and benefits everyone, and if the funds did not come from this charge it would come from somewhere else. Mr. Baird said if there are any problems with the utility, people can contact the County. ITEMS NOT COMPLETED AT THE JUNE 2~ 2004 SPECIAL MEETING WHICH WERE CARRIED OVER FROM THE MAY 26~ 2004 REGULAR MEETING Request from Vice-Mayor Barczyk to Reconsider Ordinance No. 0-04-09 Spencer Annexation and Take Ordinance No. O-04-10 Spencer Rezonin.q from the Table and Conduct First Readinqs on both Ordinances at This Time Move to Take First Readinq of Ordinance No. 0-04-09 Spencer Annexation from the Table, Conduct 1st Readin(~ and Set Public Hearin(~ for June 23~, 2004(tabled at the 6/2/04, Special Meeting) (GMD Transmittal 514/04, 0-04-09, Letter, Map, FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, the first reading of Ordinance No. 0-04-09 Spencer annexation was taken from the table on a vote of 4-1 (McCollum - nay). The City Attorney read the ordinance by title at this time. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, Ordinance No. O- 04-09 Spencer annexation was passed on 1~t reading and public hearing scheduled for July 14, 2004 on a vote of 4-1 (McCollum - nay). Regular Ci~ Council Meeting June 9, 2004 Page Four 11-24 2. 2~36 04.149 3~50 Move to Take First Readin.q of Ordinance No. O-04-10 Spencer Rezonin.q from the Table, Conduct 1st Readinq and Set Public Hearinq for June 23~d, 2004 (tabled at 5/26/04 Regular Meeting)(GMD Transmittal 5/4/04, 0-04- 10, Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, the first reading of Ordinance No. O-04-10 Spencer rezoning was taken from the table on a vote of 5-0. The City Attorney advised Council not to take testimony on the plan at this time and then read the ordinance by title. On MOTION-by Mr. Barczyk, and SECOND by Ms. Monier, Ordinance No. 0-04- 10 Spencer rezoning was passed on 1't reading and public hearing scheduled for July 14, 2004 on a vote of 5-0. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. T~ere will be no separate discussion of consent agenda items unless a member of City Council so raquests; in which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 5/26/04 Resolution No. R-04-23, Vacation of Easement, Major, Lots 4 & 5, Block 178, Sebastian Highlands Unit 8 (GMD Transmittal 6/2/04, R-04-23, Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 4 AND 5, BLOCK 178, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 4 Regular City Council Meeting June 9, 2004 Page Five 04.150 C. 51-54 04.086 D. 55-56 04.152 E. 57-68 04.153 F. 69-70 04.154 G. 71-92 04.150 H. 93-106 04.155 I. 107-108 04.156 J. 109-112 Resolution No. R-04-24 Fee Increase for Driveway Permit Application Engineering Transmittal 6/2/04, R-04-24, Summary ) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INCREASING THE DRIVEWAY PERMIT APPLICATION FEE TO $100.00; PROVIDING FOP, AN EFFECTIVE DATE. Authorize the Acceptance of Easement Dedication from Louise Coleman and Herbert Ashburner for Louisiana Avenue Neighborhood Revitalization Program (City Manager Transmittal 5/19/04) Approve Contract Award to Ninety Five South Inc. with Three Year Term and Two Optional One Year Extensions for Janitorial Services for Municipal Complex (Public Works Transmittal 612/04, Bid Tab) Authorize the Purchase of Chevrolet Trail Blazer 4x2 from Alan Jay Automotive Network at a Total Cost of $25,390.00 in Accordance with Florida Shedffs Association Bid Award For Police Department K-9 Unit (PD Transmittal 5/24/04, Bid Doc) Authorize the National Pollutant Discharge Elimination System (NPDES) Permit Application and Appropriate Funds in the Amount of $5,325 for the Five Year Phase II Permit (Engineering Transmittal 6/2/04, Schedule, Application) Authorize the Execution of Work Authorization No. 4 under CDM, Inc. Stormwater Engineering Contract For Middle Stonecrop Stormwater Retrofit Project and Appropriate Funds not to Exceed $194,779 from Stormwater Utility Revenue Bonds, Series 2003 (Engineering Transmittal 6/1/04, Work Authorization No. 4 and Exhibit) Authorize Change Order No. 1 for the Extension of Contract with Applied Aquatics and the City of Sebastian until September 30, 2004 for Weed Control Spraying Subject to Terms of Original Contract (Engineering Transmittal 6/1/04, Change Order) Authorize the Purchase of Sole Source Radio Equipment for the Police Department from Communications International, Inc. for a Total Amount of $9,972.00 (PD Transmittal 5/29/04, Quote) On MOTION by Mr. Coniglio, and SECOND by Mayor McCollum, consent agenda items A-H and J were approved on a vote of 5-0. Item I Mayor McCollum removed the item for MaryAnn Krueger who distributed "Audubon Guide for a Healthy Yard and Beyond." 5 Regular City Council Meeting June 9, 2004 Page Six The Stormwater Engineer responded that this is a licensed firm that the City has contracted with for at least the last three years. In response to Ms. Krueger, the City Manager directed the Stormwater Engineer to give her information about the chemicals being used. Mr. Coniglio asked for it to be provided for all of Council. It was noted that the company is using herbicides not pesticides. On MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, item I was approved on a voice vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS '10. PUBLIC HEARING - None 11.. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 12. OLD BUSINESS 04.101 113-114 Direction Re.qardin.q Request from Keep Indian River Beautiful for Satellite Buildin.q (Letter) The City Manager presented the request for use of the building currently being utilized by Growth Management and Building Departments and sought direction from City Council. Mayor McCollum said he would like to see an agreement before he makes a decision on this and Mr. Barczyk agreed. Cheryl Cummins, Keep Indian River Beautiful, presented the request for use of the facility to City Council, citing the benefits they provide to the City; and said they do not need 3200 square feet but would like to utilize the whole building. Walter Barnes and Carolyn Corum, KIRB, addressed Council stating that they set up a reuse center rather than a recycling center that the schools use. TAPE I- SIDE II (8:20p.m.) Mr. Barczyk objected to using the space as a recycling center, and asked if there is any other location. Mr. Coniglio said they are asking for office space, meeting space and a storeroom for reuse items. Mr. Coniglio said he would hope to give it to staff to work out an agreement with them. Regular City Council Meeting June 9, 2004 Page Seven Sal Neglia said he was a founding member, that KIRB is a great group but this does not belong in the City complex, and suggested a site at the airport for them. Walter Barnes said it might be beneficial for Council members to come down and look at their current facility. He said the airport would be too far north and would be cost prohibitive. It was the consensus of Council to direct the City Manager to work out an agreement with KIRB for utilization of the current Growth Management building, utility payments, and time frames, which he stated would have to occur when the building is vacated and bring it back for Council review. He said this would be office space and not manufacturing. He said there were no other planned uses for that building at this time. Mayor McCollum called recess at 8:33 p.m. and reconvened the meeting at 8:42 p.m. All members were present. 13, NEW BUSINESS 04.151 115-176 Authorize City Manaqer to Execute Piqqyback A,qreements with DRC, Inc. Subject to Terms and Conditions of Martin County Contract RFP138-01 and Crower- Gulf, Ashbritt, Inc., Grubbs Emerqency Services and Asplundh Environmental Services Subject to Terms and Conditions of Charlotte County Contract 2003000207 for Emerqency Services on As-Needed Basis (GSA Transmittal 6/2/04, Contract) The City Manager said he thought it was imperative to provide for emergency services planning, therefore, staff obtained approval to piggyback various agreements in the event such services are needed. Mayor McCollum said this is becoming a standard in Texas and Florida; that there is no money involved at this time, and Council enactment of the contracts will be required when needed. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio the City Manager was authorized to execute piggyback agreements with DP, C, Inc., subject to terms of the Martin County Contract; Crower-Gulf, Ashbritt, Inc., Grubbs Emergency Services, and Asplundh Environmental Services subject to terms of Charlotte County contract for emergency services on an as-needed basis on a vote of 5-0, 14. CITY ATTORNEY MATTERS The City Attorney reiterated that the water equalization fee is optional and is not required; said he will be bringing a first reading on a stormwater utility ordinance to the next meeting; that roads are actually planned with the intent to connect more development on the outskirts of the City; said he added the conflict provision on the contractor agreements; and said he would discuss pending litigation on a one to one with Council members rather than making public statements. Mayor Mccollum suggested an executive session. It was the consensus of Council to schedule an executive session for July 14, 2004 at 6:30 p.m., which will begin in the Chambers and adjourn to the conference room for the session. The City Clerk was asked to remind Council in their July 14, 2004 agenda packets. 7 Regular City Council Meeting June 9, 2004 Page Eight 15. 04.115 04.148 He requested Council approval for his previous Captiva trip and his budgeted annual Flodda Municipal Attorneys meeting. On MOTION by Ms. Coniglio, and Ms. Monier, the two trips were approved as requested on a voice vote of 5-0. He briefly discussed his pending performance evaluations. CITY MANAGER MATTERS B. Contractor Selection Process for Old Schoolhouse/City Hall Buildinq The City Manager reported that a request for proposal process is currently being conducted, and notification to this effect has been given to the State, with a schedule for selection process in late July or early August, He responded to Mr. Heptinstall that there will be a posted public opening as set out in State law. Feasibility of Acquisition of Former Beall's Property on U.S. Hi.qhway 1 and Unincoroorated Enclave Prooertv The City Manager said the Finance Director had undertaken analysis on this issue, which was finalized late this afternoon. He distributed a Fund Balance Forecast for Riverfront Redevelopment Fund for fiscal year 2003/2004 (see attached) with a bottom line of $22,752 after expenses. He then distributed a Fund Balances Analysis as of June 9, 2004 (see attached) with a bottom line of $7,957 after reserves. He advised that the Council could always impose millage increases, but clarified that staff is in the midst of preparing a budget which recommends no increase. Damian Gilliams, 1623 US 1, read and submitted a petition signed by 250 people in support of the purchase and agreeing to help fund it. He noted the property is available at 3.3 million with a replacement cost of 4.4 million. Mr. Conigiio said if the parking was adjacent to a ramp it would be used, said he talked to Mr. Olmstead who informed him that he was preparing to close today. He said no one has demonstrated the need for a building space like this in the City, and the problem is people from out of town using the ramp. 8 Regular City Council Meeting June 9, 2004 Page Nine 16. 04.037 TAPE I! - SIDE I (9:30 p.m.) He said he would have a hard time asking residents to pay for parking, and the facility would not be used 100% of the time. He said he would rather see a medical facility to bring jobs in. Mr. Barczyk said if grants were used to pay for property, the City would have to charge everyone the same fee. Ms. Monier said she would like to see a community center but that this is not a viable property. The City Manager said the Boys and Girls Club said they were 1000% committed to the property in the municipal complex. Mr. Heptinstall said he no longer uses the river because there is no parking. He said he is going to propose the snowshoe house as a museum for Pelican Island and fundraiser for the City. He said it is worth pursuing purchase of this property while it is available; noting he had received phone calls regarding the matter. Mayor McCollum said he would have a hard time directing staff without specific terms in front of him. Mr. Heptinstall suggested at least looking at the terms. The City Manager said he talked to Mr. Olmstead last week, and had been told he would need 3.3 million dollars, with 1 million down, make a commitment and then finance the other 2.3 million. Mr. Coniglio suggested proposing other lease arrangements. Mr. Gilliams said Mr. Olmstead has an offer on the table and he wanted the feeling of Council. Mayor McCollum said he was not prepared to direct staff tonight. On MOTION by Ms. Monier, that she did not see the feasibility in this. Motion died for lack of a second. CITY CLERK MATTERS Reminder of Community Redevelopment Advisory Committee Apoointments The City Clerk reminded City Council that the deadline for applications is June 14th for the June 234 meeting. She noted that approximately eight applications had been received so far, and that Mr. Barczyk's appointee had submitted his application. Mr. Coniglio asked that applications received be brought to Council so Council can select some of these applicants as its appointees if they so choose. 9 Regular City Council Meeting June 9, 2004 Page Ten She noted that Section 2-167 requires at least one alternate member for all boards, so when the appointments were brought back, one alternate appointment would be included. Other Matters Asked Council to bring in their Florida League of Cities registration forms as soon as possible to make final arrangements, and reported that two City Council members have already requested to begin their stay on Wednesday August 18th when the Budget Workshop is scheduled and suggested Council reschedule the workshop to August 17th. City Council did not have an objection to the change. Said that the 4r~ of J~ly Parade chair was supplying vehicles for the City Council and asked who needed a vehicle. Mr. Barczyk said he would need a vehicle, Mayor McCollum will walk or ride a golf cart, Ms. Monier wilt walk, Mr. Heptinstall will be out of town, and Mr. Coniglio said he will walk. Discussed the proposed joint meeting with Indian River County. Reported that Vero Beach, Orchid and the School Board responded that they were interested, Indian River Shores was not at this time due to budget and other issues, and County Commission was interested but probably not on the suggested July dates due to budget concerns. At the suggestion of Mayor McColium, it was the consensus of City Council that they would wait until the end of August and readdress this item. 17. CITY COUNCIL MATTERS A. Mayor McCollum Discussed the letter from Indian River County regarding the City's request for an additional member to Tourist Development Council, which they state is set by statutes. Mr. Coniglio said he did not intend that the additional member be a Councilmember but could be a member of the tourist industry. Recommended that all living members of City Council be invited to the grand opening of the new City Hall, and appealed to the public to contact the Clerks' office with any information they might have. Mr. Coniglio recommended retired employees as well. B. Mr. Heptinstall Mr. Heptinstall suggested reducing the time limit for public input from ten minutes to five minutes, based on information he obtained at his elected municipal officials seminar. City Council concurred with bringing back an amending resolution to the June 23, 2004 Regular Meeting. He also said ,he had learned that growth is affecting the entire State of Florida. 10 Regular City Council Meeting June 9, 2004 Page Eleven C. Mr. Coni,qlio Announced the last concert for the season in Riverview Park this Thursday night, with Bobby G and the Blisters. City of Sebastian and chamber of Commerce are partners in this. He named the other sponsors as follows: Bellsouth Yellow Pages, America's Health Choice, Press Journal, Ed and Jean Junker of Coldwell Banker/Ed Schlitt, and Sebastian River Medical Center. Ms. Monier None. Mr. Barczyk Requested establishing guidelines for proclamations, citing there were too many, and maybe they need to be approved by staff; suggested that speakers giving presentations under the public hearing area and not proclamations. He said the motorcycle group that meets at Dunkin' Donuts is setting up tents and selling apparel and Code Enforcement is looking into it. Reported that on September 17, 2003, Planning and Zoning recommended that the smallest lot in the City should be 7500 square feet and said this was brought before Council and concurred with and asked what status is. Suggested Charter Officer evaluations should be revised because they ask for issues the Council would not know, and asked for a consensus of Council. Mayor McCollum said the forms were to be addressed last year. He said he does not use the form but issues a written letter attached to the form. The City Manager sought consensus to direct Human Resources to offer recommendations to him for revision for consideration by Council. He added in this would be done in consultation with other Charter officers. t8. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:23 p.m. Approved at the meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, CMC, City Clerk 11 CITY OF SEBASTIAN AGENDA TRANSMIT'i'AL Subject: Relocation of the Cain (Snowshoe House) to Riverview Park (South) Appr~oved f~or s~bm~ity Manager Agenda No. Off, Department Origin: City Manager/Building Purchasing/Contracting: Finance Director: City Attorney: - c~'-~ City Clerk: Date Submitted: 6/17/04 For Agenda of: 6/23/04 Exhibits: Sole Source Provider Extraordinary Procurement Certificate. Proposal dated June 5, 2004, from Rodney Hall Housemoving, Inc~, Palm City, Florida. EXPENDITURE REQUIRED: AMOUNT BUDGETED: I APPROPRIATION: $34,000.00 $34,000.00 -0- I From Discretionary Sales Tax Fund SUMMARY As directed by City Council during the May 26, 2004 regular meeting to relocate the Cain (Snowshoe) House to the Riverview Park (South) location, staff recently received a proposal, dated June 5, 2004 from Rodney Hall Housemoving, Inc., of Palm City, Florida to relocate the structure for an amount of $24,000.00. As specified in the attached proposal, costs for Florida Power and Light, telephone and cable wire, traffic signals and temporary adjustments to other obstructions are not included with these costs. Therefore, an additional amount not to exceed $10,000.00 is anticipated to cover such expenses (per reviews, assessments and experiences as sited and communicated by Mr. Hall). Since structure-moving services is a rather unique trade, very few sources can supply this service within our geographical area. Rodney Hall ttousemoving, Inc., covers the Treasure Coast Area of Florida and will be available to provide this service within a recommended time frame of late June to early July. Therefore, staff recommends a sole source purchase from Rodney Hall Housemoving, Inc., in the amount of $24,000.00, as well as an additional $10,00.00 to cover ancillary costs as outlined above. Funding is available via this year'.s discretionary sales tax reserve fund. RECOMMENDED ACTION Move to waive competitive bidding procedures and to approve the sole source purchase from Rodney Hall Housemoving, Inc. of Palm City, Florida and authorize the $24,000.00 expenditure and all ancillary expenses in an amount not to exceed an additional $10,000.00 to relocate the Cain (Snowshoe House) to the Riverview Park (South). CITY OF SEBASTIAN PURCHASING EXTRAORDINARY PROCUREMENT CERTIFICATE DATE: 06/23/04 TO: PURCHASING DEPARTMENT FROM: Terrenee R. Moore DEPARTMENT: City Manager DIVISION: TYPE OF PROCUREMENT: SINGLE SOURCE (X) EMERGENCY( ) ITEMS OR SERVICES REQUIRED: Housemoving Servieas (relocation of the Cain (Snowshoe House) from U.S. #1 location to Sebastian Riverview Park (South) PROPOSED VENDOR: RODNEY HALL HOUSEMOVING, INC. P.O. BOX 891 PALM CITY, FL 34491 (772) 2194601 JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Since structure-moving services is rather a unique trade; very few sources can supply this service within our geographical area. Therefore, Rodney Hall Housemovings, Inc., covers the Treasure Coast and can supply this service to the City within the recommended time fxame. CERTIFICATION OF.4 VAILABILITY/NECE~ITY I hereby certify that I have thoroughly reviewed the facts and drcumstances of this requested purchase and ~ (1) the supplier of the goods/services requested is the sole source supplier, or (2) the Department has an urger~ need, on an emergency basis, for the purchase of the goeds/scrvlces and the emergency is sm:h that the delay through the use of normal competitive procurement methods to acquire such goods/sarvices would not be in the public's best interest and would be detrimeatal to the City. I also certify that this request is in full compliance with the City of Sebastian Purchasing Ordinance. Deparlxnant Head Signature Date: Month Day Year Approved: A:Form2.wpd 9/12/96 City Manager Purchasing PHONE NO ARCHITECT Wet ;reov eropose to furn sh the mater a s ar4d perform the labor necessary for.J~e completion of ,~".-~ ~) All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and spegifications submitted for above work, and comp eted n a substantial workmanlike manner for the sum of L- ~~)~L~ (~ ~ "~ Dollars ($~:~"~')~:~,~/~ ) Respectfully submitted Any alteration or deviation from above specifications involving extra costs wili be executed only upon written order, and will become aa extra cha~ge Per over and above the estimate. All agreements conti~gem upon stdke$, ac- cidents, or delays beyond our control. Note - This proposal may be withdrawn by us if not accepted within days. as specified, Payments Will be made as outlined above, Signature Date Signature PROPOSAL ~ MADE IN USA MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Resolution R-04-25 and Work Agenda No. 0q- 0q 7 Authorization Number 17 for The LPA Group, Inc. to provide design, permitting, Department: Air.~ort bidding, and construction services for the Department Head: ~3 .... rehabilitation of Taxiway "A" and Purchasing/Contracting: construction of Aircraft Parking Apron. Finance Director: City Attorney: City Clerk: ri e~f,~ger Date Submitted: 6/17/2004 /~~ __~or Agenda of: 6/23/2004 Exhibits: esolution R-04-25, FDOT JPA, Work Authorization 17 with exhibits. EXPENDITURE AMOUNT BUDGETED: ADVANCE FROM REQUIRED: $142,150 $ 0 RESERVE FOR AIRPORT CAPITAL PROJECTS REQUIRED: $145,000 SUMMARY Airport staff has recently received encouraging news from the Federal Aviation Administration (FAA)regarding some much-needed funding for rehabilitating Taxiway 'A', which runs north and south on the western side of the airport, adjacent to and heavily used by six of our aviation tenants. The existing asphalt along the entire 4000-foot taxiway was constructed in 1943 and has never been resurface& There now exist major potholes, depressions, and severe emcldng with vegetation growth throughout the entire pavement, all of which can be hazardous to aircraft operations. After much negotiation and coordination with the FAA and the Flotida Deparmaent of Transportation (FDOT), Airport staff has secured funding to rehabilitate the entire length of this taxiway. In addition, the FAA has also agreed to include the cost of constructing an aircraft-parking apron near our new Administration Facility. As you may recall, the construction of this parking apron was not included in the contract Holland Builders, Inc. as part of the Administration Facility budget, as we were unable to fund the estimated $150,000 cost. It was therefore decided that Airport staff would seek altemafive funding to accomplish the apron construction. In total, the City of Sebastian should expect to receive $950,000 from the FAA, with a $650,000 initial dispersement, then the remainder dispersed over the next two fiscal years. Tiffs represents 95% of the total estimated project cost (for taxiway rehab + apron construction) of $1 million. In addition to the FAA funds, the Florida Department of Transportation, Aviation Section (FDOT) has submitted a Joint Participation Agreement (YPA) for $25,000, representing 2.5% of the total project cost. This leaves a remainder of $25,000 to be funded from the Airport Enterprise Fund. It is important to note that the FAA formally awards funding after the project has been designed and bid. This puts us on a very tight schedule, as this must be accomplished by early August. In order to meet this demanding time frame, please find the attached proposal from The LPA Group, Inc. for $142,150 to include the design, permitting, bidding, and construction inspection services. This is yet another excellent opportunity for Sebastian Municipal Airport to increase the safety of operations, services offered to v/siting pilots and passengers, as well as its overall economic viability. This $1 million project will cost theAirport a total of $25,000, or 2.5%. A significant savings was realized in the construction of the aircraft- parking apron for the Administration Facility, as the original direct cost to the Airport was estimated to be $150,000. By securing federal funding for this portion of the project, our share is only $3,750, a savings of over $146,000. A formal budget for this project was never set up, due to the fact that it would only be possible with both federal and state funding. Now that funding has been announced, staff is recommending establishing an initial budget of $145,000 to cover The LPA Group's fees as well as some general expenses (advertising, permitting, etc.). This amount will be advanced form the Reserve for Airport Capital Projects as established by Resolution R- 03-23. This resolution was created for just this purpose: to advance funds for airport capital projects in anticipation of grunt reimbursements. Recommendations for the construction budget for this project will be presented at a furore date, upon receipt of our anticipated FAA grant agreement. Airport staff and representatives from The LPA Group, Inc. will be available during your June 23, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Resolution R-04-25 and approve "Work Authorization 17" between the City of Sebastian and The LPA Group, Inc. and advance $145,000 from the Reserve for Airport Capital Projects. RESOLUTION NO. R-04-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO REHAB TAXIWAY A & APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding rehabilitate Taxiway 'A' and construct an aircraft parking apron; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 415216-1-94-01, entitled "Rehab Ta×iway A & Apron and Construct Administration Building Apron" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember · The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nate McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this ,2004. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Nate McCollum Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attomey Florida Department of Transportation JEB BUSH GOVERNOR OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; TOLL FREE: (866) 336-8435 April 5, 2_004 JOS~ ABREU SECRETARY Mr. Jason MilewskJ Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Dear Mr. Milewski: Subject: FIN. PROJ. No.: County: Description: 415216-1-94-01 Indian River Rehab Taxiway A & Apron Enclosed are six (6) copies of a Joint Participation Agreement (JPA) for the subject project. The total project amount is $1,000,000.00 with the State's funding share amounting to $25,000.00. Five (5) copies are to be signed and returned to this office for further processing. The sixth copy may be retained for your files until the JPA has been fully executed. We will also need two (2) copies of a Resolution, with original signatures, authorizing the signing of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution bythe District Secretary. Should you have any questions regarding this Agreement, please call me at (954) 777-4499. Sincerely, Robert J Meade Special Projects Coordinator Office of Modal Development encl CC: Nancy Ziegter, District Modal Development Administrator Rebecca Mainardi, Aviation/Intermodal Program Manager File www.dot, state.fLus ~ RECYCLED PAPER STATE OF FLOR[DA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 415216-1-94-01 (Iter~segment-phase-sequence) Contract No: Fund: DS Function: 637 Federal No: FLAIR Approp:, 088719 FLAIR Obj.:_ 750004 Org. Code: 55042010428 Vendor No: VF596000427008 Catalog of Federal Domestic Assistance Number: 55004 Catalog of State Financial Assistance Number: THIS AGREEMENT, made and entered into this day of, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.0 Purpose of Agreement: The purpose of this Agreement is Rehab Taxiway A & Apron and Construct Administration Building Apron and as fur{her, described in Exhibit(s) A, B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Fin. Proj. No.: 415216-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Rehab Taxiway A & Apron and Construct Administration Building Apron SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit '%", SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, r~otice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessa~' with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 1,000,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4,00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 25,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding O is (~) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage O is (~) is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement, Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and ail other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. ~ 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency ejects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, ,320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audii Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider ali sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from non-State funds, The Agency agrees to allOw the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 2t 5.97, F.S., and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725-030-06 PUBLIC TRANSPORTATION Page 5 of 12 7.70 insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of ~oss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commemial Bird, Ft Laude, FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.'10 hereof) to justify and support the payment requisitions. 8.11 invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendmeht thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained h8.e~i~e~rault: The Agency has been determined by the Department to be in default under any of the ~ provisions of the Agreement. ~. ~ 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to"--~''~ the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension, Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of alt project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 1t.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to revie~alifications of any consultant or contractor and to approve or disapprove the employment of the sam, el. ~ ~ ~ 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Depadment in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: it is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in pad with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIii - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. t 3.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seo.'~e. regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shell require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. 'l-he Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. '14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14,50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or bquipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: if the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and ali of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any dght herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for alt expenses at trial. 15.00 Plans and Specifications: in the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 07/31/06 . Ifthe Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or emRIoyee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of ~ny federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the A!~ency to any person for influencing or attemptiog to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21,20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendor~ (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time pedod to health Care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a 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 Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminator7 vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Financial Proiect No. Contract No. Agreement Date 415216-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT Of TRANSPORTATION Director of Transportation Development TITLE Fin. Proj. No.: 415216-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Rehab Taxiway A and Apron SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 415216-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT CQST: $1,000,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: in-Kind Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA Local Reimbursable 95.00% $950,000 2.50% $25,000 2.50% $25,000 $0 TOTAL PROJECT COST: $1,000,000 Fin. Proj. No: 415216-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Depadment of Transportation and the City of Sebastian A. General t. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airpod is used as an airport. There shall be no limit on the duration of the terms, conditions, and .assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B, General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: it will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraff operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and'structures (such as runways, ta×iways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approVed by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue wilt be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are direCtly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan, The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10, Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airpod. Nothing contained herein shall be construed to require that the airport be operated for aeronaut[cai use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: it will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its flue or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Complywith Department airport master planning guidelines if the project involves airpod master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federel Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land pumhase, the Agency assures that it will: '1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100,37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F,S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land pumhase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land pumhase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and Joint Participation Agreement (JPA) Exhibit C Page 5 schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3, Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 CITY OF SEBASTIAN (Florida) Proposal for Professional Services REHABILITATE TAX/WAY A CONSTRUCT ADMINISTRATION BUILDING APRON (Project Identification No.) 17 (Work Authorization No.) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated April 28, 2000 Description of Assignment: (Attached Exhibit A) Provide the City of Sebastian with engineering, design, assistance in bidding as requested, construction admlni~tration, and Resident Project Representative services for the Rehabilitation of Taxiway A and Construction of Administration Building Apron. Basis of Compensation/Period of Services: (Attached Exhibit B) THE LPA GROUP will provide the above services for a Lump Sum amount of $t42,150. These services will be performed in accordance with the schedule in Exhibit A. Agreed as to scope of services, time schedule, and budget: For the CITY OF SEBASTIAN (FLORIDA) For THE LPA GROUP INCORPORATED Date: Date: Attachmems: Exhibit A, Scope of Work Exhibit B, Manhour Estimate Attachment A: Project Layout Plan Rehabilitate Taxi. way A/Cons~xuct Admm Apron Page -1 April 2, 2004 CITY OF SEBASTIAN~ FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #i~7 Project Identification: Rehabilitate Taxiwa¥ A and construct Aircraft Parldn~ Aoron: Desimx Bidding. Construction and Inspection Services. IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated April 28, 2000: Description of Assignment: Perform Design, Bidding, Construction, and Inspection services for the Rehabilitation of Taxiway "A" end Construction of Aircraft Parking Apron. SEE ATTACHED EXHIBITS 'A' and 'B.' Basis of CompensationfPeriod of Services: In accordance with Exhibit B, Section I, of the Prime Agreement, services shall be provided for a lump sum payment of $142,150. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion &the work will take place no later than forty-five (45) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this. .day of ,2004: CITY OF SEBASTIAN, A Florida mnnicipal corporation THE LPA GROUP, INC. By: By: Terrence Moore, City Manager Molisen Mohammadi, Vice President (Seal) Attest: Sally A. Main, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastien Only: Rich Stringer, City Attorney Staff Approvals: Airport Director Finance Director General Services Administrator as to project as to budget only MUNICIPAL AIRPORT Exhibit B SEBASTIAN MUNICIPAL AIRPORT REHABILITATE TAXIWAY A FEE SUMMARY [PA BASIC SERVICES Preliminary Design Final Design Bidding Phase Construction Adminstration Services Subtotal Basic Services TOTAL $12,565 $26,530 $5,100 $12,620 $5~,~5 EXPENSES Reproduction $1,500 Postage $75 Communications $55 Travel Design/Bid $540 Construction $1.080 Subconsultant Survey (NTE) $7.500 Geotech (NTE) $7.500 10% Fixed Fee on Subconsultant $1,500 Subtotal Expenses for Basic Services $19, 780 CONSTRUCTION INSPECTION SERVICES Construction Inspection Services $65.555 I TOTAL PROFESSIONAL FEES: $142,1 $7~50C THE LPA GROUP INCORPORATED Page B-1 of B- ~ o~O d Exhibit B SEBASTIAN MUNICIPAL AIRPORT REHABILITATE TAXIWAY A MANHOUR ESTIMATE Construction Inspection Services FULL TIME RESIDENT PROJECT REPRESENTATIVE (RPR) 14 weeks RESIDENT INSPECTOR RATE SCHEDULE TOTALS DIRECT SALARY COSTS Inspector: 50 Houm/Week @ $67.00 per hour $46,900 2) DIRECT NON-SALARY EXPENSES Lodging ($50.00 per night) Per Diem ($27.50 per day) Vehicle Allowance ($195 per week) SUBTOTAL $3,600 $1,925 $2,730 $8,155 Subtotal (Items 1 & 2) Quality Assurance Testing (Subconsultant) = Total Construction Inspection (Not to Exceed) = $55,055 $10,500 $65,555 (E LPA GROUP INCORPORATED 4~7~(X~ Page B-6 of e- 6 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Interagency/Public Works Agreement with the Department of Corrections for Inmate labor /~..~ 1 by: City Manager T err en e~/~.R.d~l~ o r-e Agenda No. Oq~ / 5 fi~ Parchasing/Contract~g: / Finance Director: City Attorney: ~, City Clerk: ~k Date Submitted: June 16, 2004 For Agenda of: June 23, 2004 Exhibits: Copy of Agreement EXPENDITURE REQU]]R.ED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY As you may be aware, the Public Works Department enters into agreement with the Florida Department of Corrections annually for inmate labor to assist with jobs such as trash pickup, weed eating, trimming bushes and trees and to do other landscape maintenance items for the Parks, and Cemetery and Roads and Maintenance divisions. This annual agreement has saved the City of Sebastian a great deal of money yearly by allowing for fi~ee labor to assist the Public Works Department with its daily operations and special projects. The Public Works Department has been working with Florida Deparhnent of Corrections for many years under these agreements and staff recommends approval of the new agreement effective June 30, 2004 for one year. RECOMMENDED ACTION Move to approve the Florida Department of Corrections Interageney/Public Works Agreement for a one-year period from June 30, 2004 to June 30, 2005 and authorize the City Manager to execute the agreement. FLOR/DA DEPARTMENT of CORRECTIONS An Equal Opportunity Employer 200t JEB BUSH JAMES V. CROSBY, JR. 2601 Blair Stone Road · Tallahassee, FL 32399-2500 http ://www.dc.state.fl.us May 25, 2006 Mr. Terrence Moore City Manager 1225 Main Street Sebastian, Florida 32958 Re: Interagenc¥/Public Works Agreement Dear Mr. Moore, In accordance with Florida Statute 946.40 Code, Chapter 33-601.201 and 33-601.202, submitted for your review and signature. and Florida Administrative the attached agreement is The contact persons overseeing this program at Indian River Correctional Institution are Mr. J. Johnson, Assistant Warden and Lieutenant Linda Cochenour. They can be contacted at 564-2846,and 564-2787, respectively. The Department continues to have as one of its goals, work programs that provide support for the community as well as productive opportunities for the inmate population. We are pleased to participate with you in this program and request that you contact us, at any time, if you have concerns or questions about the execution of this agreement. Respectfully, Joe Butler, Warden Indian River Correctional Institution JB/LC/lc cc: Jim Johnson, Assistant Warden Indian River Correctional Institution 7625 17t~' Street S.W. Vero Beach, Florida 32968 Telephone: (772) 564-2812 FAX(772) 564-2880 FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCY/PUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) This Local Agreement made and entered into this June day of 30th 2004, by and between the State of Florida, Department of Corrections, through its institution/facility, Indian Pdver Correctional Institution (hereinafter referred to as "Department"), and the City of Sebastian Police Department, (hereinafter referred to as "Agency"), is done so in accordance with section 946.40, Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public Works, Florida Administrative Code. Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual (check one). XXValueAdded Cost Savings I. TERM/RENEWAL This Local Agreement shall begin on the last date of signature by all parties. This Local Agreement shall remain in effect from year to year unless terminated by either party, pursuant to the provisions of Section VII., Suspension or Termination of Local Agreemem. II. FINANCIAL OBLIGATIONS The Department and the Agency acknowledge that this Local Agreement is not intended to create financial obligations between the parties. However, in the event that costs are incurred as a result of either or both of the parties perfonmng their duties or responsibilities under this Local Agreement, each party agrees to be responsible for their own costs. III. DEPARTMENT'S RESPONSIBILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Deparanent is not responsible shall be marked "N/A" to the left of the number. Screen inmates for the work to be performed in order to assign inmates who do not present a danger to property or persons. Provide up to 5 inmates each workday for the period of the Local Agreement. Commuaity custody ( ); Minimum custody ( ); Both (32). Provide Correctional Officer supervision of the work squad while performing work under this Local Agreement. Provide ONE vehicle(s) and ONE Correctional Officer(s) each workday to transport ..-----~,. inmates to and from the work site. Inmate Labor Agreement Page 2 of 7 X 5. Provide food and drinks for inmate lunches. X_ 6. Provide drinking water for inmates. X 7. Apprehend escapees and handle problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. Administer all disciplinary action to be taken against inmate(s) for infractions committed while performing work under this agreement. _X_ 10. Provide for medical treatment of ill or injured inmates and transportation of such inmates. N/A 11. Conduct a background check, which includes a criminal h/story check, and obtain approval of the Department's Agreement Manager, or designee prior to authorizing Non-Department Supervisors to participate in training to supervise inmates. N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. N/A 13. Notify the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s). X 14. Provide inmates with all personal items of clothing appropriate for the season of the year. X 15. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check out. X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. X 17. DC6-246 (Revised Orientate each inmate in the use of equipment regardless of the inmate's claim to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2~569, Inmate Safety Training, to document that the inmate has had the training. This report shall be kept on file at the contract work site and by the Department's Agreement Manager. 4-04) Inmate Labor Agreement Page 3 of 7 N/A 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. IV. AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "N/A" to the left of the number. N/A I. Provide the Department with a schedule of hours that inmates will work in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department. The established schedule for this work squad is: Days one Hours seven N/A 2. Provide supervision of inmates in accordance with the Department's roles and regulations while performing work under this Local Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department's Agreement Manager, or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. N/A 3. Provide transportation of inmates each workday to and from the work site. Provide all tools, equipment, materials and safety personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Local Agreement. Ensure that licensing or permits are obtained if required for the work to be performed under this Local Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. N/A 6. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who falls to perform tasks in an acceptable manner. N/A 7. Complete the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) daily and submit the form on a weekly basis to the Department. N/A 8. Report all inmate injuries, regardless of how m/nor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad inmates and provide~ emergency health care and related assistance to the Department. DC6-246 (Revised 4-04) Inmate Labor Agreement Page 4 of 7 N/A 9. Provide inmates with a fifteen-minute rest break in the morning and aftemoon. Lunch brealcs shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. N/A 10. Provide drinking water for inmates. N/A 11. Require each Non-Department Supervisor approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. Training will be provided at a Department location. Upon the Department's issuance of a Training Certification Card, the Agency shall require non-department personnel to carry this card when supervising inmate labor. x 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipaiity, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. 13. Agency hereby agrees to be liable for, and shall indenmify, defend and hold the Department harmless fi:om all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Local Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. N/A 14 Orientate each inmate in the use of equipment regardless of whether the inmate claims to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training Documentation, to document that the inmate has had the training. This report shall be kept on file at the contract work site and a copy shall be provided to the Department. N/A 15. It is the intent of this Local Agreement that the agency/work squad have and maintain communications with the institution at all times. A method of communication (radios, cellular phone, etc.) shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Department's Agreement Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Agreement Manager may require a secondary or back-up method of communication. Type of Communication utilized in this Local Agreement:N/A N/A 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. DC6-246 (Revised 4-04) Inmate Labor Agreement Page 5 of 7 N/A 17. Ensure that the Work Squad does not work on school property or primary elementary or secondary education institutions where students are present. N/A 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. V. AGREEMENT ADMINISTRATION A. Department's Agreement Manager The Warden of the Correctional Institution represented in this Local Agreement is designated Agreement Manager for the Department and is responsible for enforcing performance of the Local Agreement terms and conditions and shall serve as a liaison with the Agency. The name, address and telephone number of the Department's Agreement Manager for tlfis Local Agreement is: Warden Joe Butler (Location) Indian R/ver Correctional Institution (Address) 7625 17th Street S.W. Vero Beach, Florida 32968 (Telephone #) 772-564-2798 (Fax #) 772-564-2880 (E-mail) Butler. Joe~mail.dc.state.fl.us B. Community Work Squad Coordinator The Assistant Warden designated by the Warden, is responsible for ensuring compliance with the requirements of this Local Agreement. (Name) (Title (Location) (Address) (Telephone #) (Fax #) (E-mail) James E. Johnson Assistant Warden Indian River Correctional Institution 7625 17th Street S.W. Vero Beach, Florida 32968 772-564-2846 772-564-2880 j ohnson.j amese@mail.dc.state.fl.us C. Department's Agreement Administrator: The Chief, Bureau of Purchasing, is designated Agreement Administrator for the Department and is responsible for processing Agreement Amendments and terminations of the Agreement, and will serve as a liaison with the Agreement Manager for the Department. The address and telephone number of the Department's Agreement Administrator is: ~ DC6-246 (Revised 4-04) Inmate Labor Agreement Page 6 of 7 Chief, Bureau of Purchasing Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: (Name) (Title (Address) (Telephone # (Fax #) (E-mail) Linda Cochenour Administrative Lieutenant 7625 17th Street S.W. Vero Beach, Florida 32968 772-564-2787 772-564-2871 Cochenour. linda~mail.dc, state, fl. us VI. DISPUTES Any dispute concermng performance of the terms of this Local Agreement shall be resolved informally by the Department's Agreement Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Department's Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement Manager, the Agency Representative and the Department's Agreement Administrator. VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part, with immediate written notice to the other party when the interests of the Department or Agency so require. VIII. AGREEMENT MODIFICATION After execution of this agreement, any changes in the information contained in Section III., 2., and Section V., Agreement Administration, shall be provided to the other party in writing and a copy of the written notification shall be maintained in the official agreement record. Modifications to the provisions of this agreement, with the exception of Section III., 2., and Section V., Agreement Administration, shall be valid only through execution of a formal agreement amendment. DC6-246 (Revised 4-04) Inmate Labor Agreement Page 7 of 7 IN WITNESS THEREOF, the parties hereto have caused tiffs Agreement to be executed by their undersigned officials as duly authorized. AGENCY: City of Sebastian Police Department SIGNED BY: NAME: (PP,~rrED) TITLE: D ATE: FEID #: DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: (PRINTED) Joe Butler TITLE: DATE: Warden Department of Corrections Indian River Correctional Institution Official DC Form # approved for legality and format and may not be changed. If changes are required, formal review and approval must be processed through the Agreement Administrator listed in Section. V. DC6-246 (Revised 4-04) CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Road Closures for Independence Day Celebration Finance Director: "City Attorney: ~\~-%: City Clerk: ~'~,~ Date Submitted: June 15, 2004 For Agenda of: June 23, 2004 Exhibits: None EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY Staff'Ms met with representatives from the Lions Club to discuss logistics for this year's Independence Day Celebration. Certain road closures are requked at different times to accommodate the parade and fireworks on Saturday, July 3, 2004. The road closures necessary are: Indian River Dr. from Jackson Street south to the southern City limits and Davis Street from North Central Avenue east to Indian River Drive from 5:30AM until the crowds disperse after the parade, Indian River Drive from Coolidge Street south to Harrison Street as crowds arrive for the fireworks until 11:00PM and Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until 11:00PM. RECOMMENDED ACTION Move to approve the following road closures on Saturday, July 3, 2004: Indian River Drive from Jackson Street south to the southern City limits from 5:30AM until the crowds disperse after the parade. Davis Street from North Central Avenue east to Indian River Drive from 5:30AM until the crowds disperse after the parade. Indian River Drive from Coolidge Street south to Harrison Street as crowds arrive for fireworks until 1 i:00PM Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until 11:00PM. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize License Agreement between City of Vero Beach & City of Sebastian for Fiber Optics. ~pp oved for · b ~' by: City Manager T~rrenc~oore Agenda No. t~/-./, [ ~q Department Origin: Gen. Services Admin. Purchasing/Contracting: Finance Director: City Attorney. L City Clerk. Date Submitted: June 15, 2004 For Agenda of: June 23, 2004 Exhibits: Letter to City of Vero Beach dated May, 25, 2004, from Thomas Nason; and also letter to City of Vero Beach dated May 25, 2004, from Thomas Frame, and License Agreement EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED: None $1,920 per year SUMMARY The attached referenced letters are serf explanatory, however, in summary, we are currently paying BellSouth a whopping $8,632 per year for phone & data lines to connect the Sebastian Police Department directly with Indian River County. Under the Licensing Agreement presented the cost drops to $1,920 per year, a savings of $6,712 per year, plus we go from copper lines to fiber optics for speed, durability & reliability. RECOMMENDED ACTION Move to authorize the execution of the License Agreement Between The City Of Vero Beach And The City Of Sebastian For The Use Of Dark Fiber. COUNCIL AGENDA REPORT MEETING OF JUNE 17 2004 TO: FROM: DATE: SUBJECT: The Honorable Mayor and Members of the City Council Thomas R. Nason, Interim City Manager May 25, 2004 LICENSE AGREEMENT BETWEEN THE CITY OF VERO BEACH AND THE CITY OF SEBASTIAN FOR THE USE OF DARK FIBER Early in 2000, the three government entities namely, Indian River County, the School District of Indian River County, and the City of Vero Beach, established a consortium to provide fiber optic connections to the schools, county govemment, and the City operations. Recently, the City has been contacted to consider a License Agreement that would authorize the City of Sebastian to connect with the consortium assets. This would allow Sebastian to have a direct connection to Indian River County. What they are really asking for is permission for them to use our system to the benefit of both the City of Sebastian and Indian River County. The City of Vero Beach has been the administrative arm and the maintenance arm for the consortium. Consequently, we will make the connections that are requested by the City of Sebastian and will be reimbursed for the time and material associated with this activity. Additionally, the provisions of Article 6, showing the repair work and maintenance activity, along with the testing, will remain with the City of Vero Beach for the fiber optic system, and the City will be fully reimbursed for its efforts. Your consideration of giving permission to the City of Sebastian to connect to our fiber optic cable is respectfully requested. Thomas TRN:jav Attachments xc: Paul Thompson Larry Raisor C:~ly Documentsb~genda\CityManager~2004~COVB.Sebaslian. DarkFiber~reement,doc BOARD OF COUNTY COMMISSIONERS May25,2004 Mr. Charles Vitunac City Attorney City of Vero Beach 1053 20th Place Vero Beach, F1 32960 Dear Mr. Vitunac: As per our conversation, attached please find two agreements to provide for allowing the City of Sebastian to utilize four fiber strands of a 60 count fiber optic cable located in the greater Sebastian area. Generally the fiber optic cable runs from the North County Tower to allocation near the intersection of C.R. 5 i2 and South Wimbrow Drive (See Exhibit A, Route Diagram). It is at that location that the City of Sebastian would propose to splice into the four fiber strands providing direct connection between the North County Tower and the Sebastian Police Department. The use of the fibers for Sebastian dispatch activities would negate the need for the City to pay for expensive T-1 telephone lines. Currently the City is paying BellSouth approximate $8,632 per year for the T-1 lines. Under the proposed agreement, the Consortium would receive revenues of $1,920 per year. As noted within the proposed license agreement, the City of Veto Beach was named as the licensor on agreements for the use of the excess fiber optic cable in the interlocal ~greement between the city of Vero Beach, Indian River County and the School District of Indian River. It is for this reason we have requested the City's approval of the proposed agreement. Upon the City Council's approval, we will present the agreements to City CounciI of Sebastian for their approval so that the fiber counection can be completed. If you are m need of additional information, please advise. Sincerely, Thomas W. Frame D/rector of General Services cc Joseph A. Baird, County Administrator William G. Collins II, County Attorney F:\General Services\Tom\Te~lecommUmcations\Vitunac-Sebastian Fiber Agreement.doc General Services Department 1840 25~h Street vero Beach, Florida 32960-33650(772) 567-8000 Ext. 12230Fax: (772) 770-5029 E-mail: tframc@kcgov.com LICENSE AGREEMENT BETWEEN THE CITY OF VERO BEACH AND THE CITY OF SEBASTIAN FOR THE USE OF DARK FIBER THIS LICENSE AGREEMENT is made this ~ day of ~-~ afrt..~-. ,2004, by and between the City of Vero Beach, Florida, a municipal corp)~ation organized and existing under the Laws of the State of Florida, whose mailing address is Post Office Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "CITY" and as further defined in Article 2, below) and the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 (hereinafter "LICENSEE" and as further defined in Article 2, below). WITNESSETH: WHEREAS, CITY was named as the licensor on agreements for the use of excess fiber optic cable in an intedocal agreement among CITY, Indian River County, and the School District of Indian River County (hereinafter "CONSORTIUM"), and WHEREAS, the interlocal agreement was signed by the three governmental entities in late 1999 and early 2000, and WHEREAS, LICENSEE represents and warrants that LICENSEE desires to license a portion of the Fiber Optic System for lawful purposes. NOW THEREFORE, CITY authorizes LICENSEE to use a portion of the Fiber Optic System in accordance with the Provisions hereof, and LICENSEE will use a portion of the Fiber Optic System in accordance with the Provisions hereof and all applicable Federal, State and local Laws. In consideration of the mutual covenants herein contained and for other good and valuable consideration, the Parties agree as follows: ARTICLE 1 PRICE AND EXHIBITS 1.1 For the sum of $1920 per year, LICENSEE is granted the use of four (4) strands of fiber optic cable from the Demarcation Point shown on Exhibit A to the North Tower as shown on Exhibit A. This represents a route distance of approximately 2 miles. 1.2The following Exhibits are attached and incorporated and a part of this agreement. Exhibit "A" - Route Diagram Exhibit "B" - Fiber Specifications and Connection Details Exhibit "C" - Contact List and Outage Notice Form Page 1 of 10 ARTICLE 2 INTENTIONALLY LEFT BLANK ARTICLE 3 TERM AND TERMINATION 3.1 Commencement. This Agreement shall commence on the date of execution by both Parties (hereinafter "Commencement Date"). 3.2 Initial Term. This Agreement's initial Term shall be one (1) year beginning at midnight on the Day following the Commencement Date, provided, however, the Initial Term may be terminated earlier in accordance with Sections 3.5 and 3.6 and Article 19 below. 3.3 Extension Term. The agreement will automatically extend for additional one year terms unless written notice is provided by either party 90 days prior to the Expiration Date. No Provision is made for the automatic renewal of this Agreement if the agreement is in default due to non-payment or some other reason to be determined as sufficient for termination at the sole discretion of the CONSORTIUM. 3.4 Expiration Date. The expiration date shall be one calendar year after the Commencement date for the first term and then annually for each subsequent year that the lease is extended. 3.5 Termination: This agreement shall be terminated if LICENSEE is in default on payment. Or in violation of any portion of this agreement. This lease may be terminated at any time for any reason by any member of the CONSORTIUM. 3.6 Allowable use: The licensed fiber may be used by the LICENSEE for the purpose of communication with the Dispatch Center Consoles at the LICENSEE'S Dispatch Center. The licensed fiber may not be licensed, leased, or made available for use to a third party or used for any purpose other than what is stated in this document without the written permission of the Director of Emergency Services at Indian River County. Any use which negatively impacts the use of the fiber and facilities of the CONSORTIUM shall cease immediately when wdtten notice is served by a member of the CONSORTIUM. 3.7 Non-Payment: Payments are due in advance of the Commencement date and Expiration dates. The agreement is considered to be in default for Non-Payment if the payment is not received by these dates. ARTICLES 4 & 5 INTENTIONALLY LEFT BLANK Page 2 of 10 ARTICLE 6 SPECIAL PROVISIONS 6.1 Make Ready Work: All costs associated with making the facilities ready for use by the LICENSEE shall be born by the LICENSEE. Only contractors approved by the CONSORTIUM shall be allowed to do the Make Ready Work associated with this licensed use of the fiber optic cable. 6.2 Repair Work and Maintenance Activity: All maintenance and repair activity on the fiber optic cable between the Demarcation Point and the North Tower will be the responsibility of the CONSORTIUM as further defined in the interlocal agreement. Under no circumstance will the LICENSEE enter a splice, alter the fiber optic cable route, change a termination in the North Tower, or engage in any similar activity without the written permission of the CONSORTIUM. 6.3 Testing: Testing of the fibers that have been designated as those to be used by the LICENSEE may be tested by the LICENSEE or a contractor approved by the CONSORTIUM using standard fiber optic test equipment at the fiber optic termination panels at the North Tower to allow end to end testing with prior permission granted by the Director of Emergency Services or his designee. ARTICLE 7 INTENTIONALLY LEFT BLANK ARTICLE 8 ALTERATIONS, MAINTENANCE AND REPAIRS 8.1 Consortium's Duty To Maintain And Restore. The CONSORTIUM shall make good faith efforts to maintain and preserve the fiber optic cable. Rapid repair of any damage will benefit the School Distdct of Indian River County and Indian River County as well as the LICENSEE. No guarantees other than a pledge for a best effort are contained in this agreement. The LICENSEE should report any troubles believed to be associated with the fiber so that diagnostic efforts can be put in motion. The Licensee should contact the CONSORTIUM as depicted on Exhibit C when maintenance or repair are needed on the fiber optic cable. The LICENSEE shall be responsible for all repairs to the end equipment placed by the LICENSEE or contractors of the LICENSEE at the end of the fiber optic cable or in the North Tower building. LICENSEE grants the right of ingress and egress to the CONSORTIUM over LICENSEE'S property for the maintenance and repairs or inspection of the telecommunications infrastructure. 8.2 Emergency Maintenance And Repairs: The CONSORTIUM shall make every attempt to restore service over the licensed fibers. This will take cooperation Page3 oflO between the CONSORTIUM and the LICENSEE and every effort should be made to keep current contact information available to the other involved parties. All maintenance and repair costs, unless elective in nature and at the specific request of the LICENSEE, shall be born by the CONSORTIUM as specified in the interlocal agreement. ARTICLES 9 THROUGH 14 INTENTIONALLY LEFT BLANK ARTICLE 15 NO CONSEQUENTIAL DAMAGES 15.1 Notwithstanding any other Provisions of this Agreement, and irrespective of any fault or negligence or gross negligence, neither Party shall be liable to the other for any indirect, incidental, consequential, or special damages (including without limitation damages for harm to business, lost revenues, lost savings, or lost profits), regardless of the form of action, whether based on statute, contract, warranty, or tort (including without limitation, negligence of any kind whether active or passive and strict liability). Each Party hereby releases the other (and their respective parents, subsidiaries, and affiliated companies, and each of their respective agents, officers, employees, and representatives) from any claim or liability for any indirect, incidental, consequential, or special damages incurred as a result of or in connection with the performance or nonperformance of this Agreement. ARTICLE 16 INTENTIONALLY LEFT BLANK ARTICLE 17 INDEMNITY, HOLD HARMLESS 17.1 To the extent allowed by law, LICENSEE agrees to indemnify, hold harmless and defend CONSORTIUM, its councils, commissions, board members, directors, officers, employees, partners, principals, contractors, agents, representatives, and each of them, against any and all demands, expenses, fines, judgements, liabilities, losses, penalties, and redial actions of any kind, including the costs of any Hazardous Materials remedial actions of any kind and all other related costs and expenses incurred in connection therewith, including, but not limited to , reasonable attorney's fees and the costs of defense arising out of injury to Persons, including but not limited to death, or damage to property, caused by, directly or indirectly, in whole or in part, the negligence of LICENSEE, or its officers, employees, or agents, in connection with this Agreement. Page 4oflO ATTEST: LIC~a~: CITY OF SBBASTTAN Sign: Sign: Print: Print: Title: City Clerk Title: Mayor [AFFIX SEAL HERE] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this __ day of ~, 2004, by , as Mayor, and attested by , as City Clerk, of the City of sebas~±aa Florida. They are both known to me and did not take an oath. NOTARY PUBLIC My Commission Number: [AFFIX 'NOTARY SEAL HERE] Sign: Pdnt: State of Florida at Large My Commission Expires: A~u~oved as to form ~ legality for reliance b~ the Cit~ of Sebmstian c~ly: ~ b~lZlger, ~lt-3z Att~3'3' WITNESSED ~3Y: CITY OFVER0 BEACH Sign: Print: Sign: Print: Title: "Thr, rm.~ Mayor Print: Ci{y Clerk [AFFIX SEAL HERE] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ~ ~' day of 'b-one ., 2004, by-T~,,r,,~ f.~h;k, as Mayor, and attested by -co. n-,~[ ~,. Cock , as City Clerk, of the City of Ve=o Beach Florida. They are both known to me and did not take an oath. [AFFIX NOTARY SEAL HERE] NOTARY PUBLIC Sign: ~-~_~'~ Print: State of Florida at Large Commission Number: My Commission Expires: Page 6 of 10 Approved as to form and legal sufficiency: City Attorney City of Vero Beach Approved as to technical requirements: Tr~[psmiss~on~'A nd Distribution Director - City of Vero Beach Approved as to technical requirements: Approved as to insurance requirements:, /l~isk Manager 2'- ~City of Vero Beach This instrument prepared in the office of the County Attorney 1840 25th Street Vero Beach, Florida 32960 Page 7 of 10 EXHIBIT "A" ROUTE DIAGRAM I?bastian Fiber Cable etween Garage d City Hall / olice Sebastian Public Works Garage Sebastian Fiber Optic Cable to Splice Point between NoF,.h Tower and Wimbrow 8pliee Point. 60% School Board ownership and 40% County Ownership. Indian River County North Tower Sebastian Police Dispatch BellSouth Leased Lines to be Replaced Consortium fiber. BellSouth Sebastian-Main Central Office Pag¢8of 10 EXHIBIT "B" FIBER SPECIFICATIONS AND CONNECTION DETAILS FIBER: All Fiber will meet or exceed the Coming SMF-28, dual 1310/1550 window optical glass specifications: Maximum attenuation for 1310 nm systems will be .4 dB/km Maximum attenuation for 1550 nm systems will be .4 dB/km SPAN SPECIFICATIONS: Discontinuities (known as steps, Splices, or attenuation non-uniformitites) shall be measured with an Optical Time Domain Refiectometer (OTDR) to determine the loss for the localized attenuation. No Fiber shall show a point discontinuity greater than 2 dB. However, a Fiber Span that includes a discontinuity in excess of specifications may still be considered acceptable, with mutual agreement of CITY and LICENSEE, provided said Fiber still meets LICENSEE's overall attenuation and dispersion specifications. Performance levels will be maintained through the duration of the Agreement. WAVE MAXIMUM FIBER MAXIMUM MAXIMUM LOSS LENGTH NM LOSS/KM CONNECTOR LOSS PER SPLICE 1310 .4 dB 1 dB .5 dB 1550 .4 dB 1 dB .5 dB GENERAL CONSTRUCTION: The Fiber Optic Cable will be constructed in accordance with sound commercial practices. The National Electric Safety Code will be followed in every case except where local regulations are more stringent, in which case local regulations shall govern. Page 9 of 10 EXHIBIT "C" CONTACT LIST Notification To LICENSEE: All notices relating to construction, outage, or maintenance should LICENSEE through this number: Telephone: (To be provided by Licensee.) be relayed to Notification To CONSORTIUM: Alt notices relating to construction, outage, or maintenance should be relayed to the CONSORTIUM in the following order until a line of communications has been established. Dean Manny School District of Indian River County 772-564-5016 772-473-7132 (Mobile) Terry Smith Indian River County 772-226-1318 772-532-2381 (Mobile) Don Hawkins City of Veto Beach 772-978-5441 407-947-6400 (Mobile) Page 10 oflO SEBASTIA CITY OF SEBASTIAN AGENDATRANSMrFrAL Subject: Appoint Members to the Community Redevelopment Advisory Board ~A~r~ve~mi~ity Manager Te~ R. M~o~~ Agenda No. Department Origin: City Clerk's Off ce~~''' Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 6/11/04 For Agenda of: 6/23/04 Exhibits: Ordinance, Applications, Ad, Section 2-167 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Ordinance No. 0-04-05 sets out membership provisions as follows: Five members who are appointed by City Council (shall be city res/dents orbusiness orproperty owners in the Community Redevelopment District) who shall serve for the term of the Council member except for those appointed for this first year will serve as ex-officio members for an additional year) Four members who meet specific guidelines as follows: o' One Member Who Is Either a Realtor, Attorney, Financial Professional Or Accountant To Expire 4/1/2006 And Is Either A City Resident Or Business Or Property Owner In The Community Redevelopment District (selected in even numbered years for two year terms) o One Member Who Is Either A Restaurateur, Hotelier, Water-Related Or Toudsm Businessperson To Expire 4/1/2006 And Is Either A City Resident Or Business Or Property Owner In The Community Redevelopment District (selected in even numbered years for two year terms) o One City Resident Of The Community Redevelopment District To Expire 4/1/2005 (selected in odd numbered years for two year terms, however this first appointment will be only for one year and then they will serve one year as ex-officio) o One City Resident From Outside The Community Redevelopment District To Expire 4/1/2005 (selected in odd numbered years for two year terms, however this first appointment will be only for one year and then they will serve one year as ex-officio) Two members who meet the following criteria: o Sebastian Property Owners Association President or designee (no specific term) o Chamber of Commerce Executive Director or designee (no specific term) · One alternate member in accordance with Section 2-167 (no specific term) · Planning and Zoning Chairman will be an ex-officio member The City Attorney and a City Manager designated Growth Management Department employee shall act as liaisons and the City Manager shall appoint a recording secretary RECOMMENDED ACTION 1) Interview all applicants and appoint the following four positions by nomination and vote: 1. ONE MEMBER WHO IS EITHER A REALTOR, ATTORNEY, FINANCIAL PROFESSIONAL OR ACCOUNTANT TO EXPIRE 4/1/2006 Eligible include: Wayne LeBoeuf; James Weber; Warren Dill; Patricia Jamar; Sherde Waltz 2. ONE MEMBER WHO IS EITHER A RESTAURATEUR, HOTELIER, WATER-RELATED OR TOURISM BUSINESSPERSON TO EXPIRE 4/1/2006 Eligible include: Tom Collins 3. ONE CITY RESIDENT OF THE DISTRICT TO EXPIRE 4/1/2005 (ex-officio until2006) No one meets this cdteda 4. ONE CITY RESIDENT FROM OUTSIDE THE DISTRICT TO EXPIRE 4~1~2005(ex-officio until 2006) Eligible include: Sherrie Waltz; Wayne LeBoeuf; James Weber; Warren Dill 2) Each Counci!member should name his/her appointee. Appointee does not have to be from this pool of applicants but can be. Appointees must be either a city resident or property owner or business owner within the CR district. Mayor McCollum - Sal Neglia {appointment to 2005 then ex-officio for one year) Vice Mayor Bamzyk - Tom Frame (appointment to 2005 then ex-officio for one year) Councilmember Coniglio - .(appointment to 2005 then ex-officio for one year) Councilmember Heptinstall - .(appointment to2006) Councilmember Monier - .(appointment to 2006) 3) The Sebastian Property Owners Association has designated Vice President Andrea Coy and Executive Director of the Chamber of Commerce Beth Mitchell ia automatically appointed (no specific terms). 4) Appoint one alternate from pool of applicants. ORDINANCE O-04-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ANIENDING CITY CODE CHAPTER 78, ARTICLE HI, PLANNING: REDEVELOPMENT TO CREATE A COMMUNI~ REDEVELOPMENT ADVI$OR2E COMi~IITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has a Community Redevelopment Plan adopted in accordance with Florida law; and WHEREAS, the City Council of the City of Sebastian designated itself as the Community Redevelopment Agency (CRA) for execution of said Plan; and WHEREAS, the CRA is custodian of the Redevelopment Trust Fund, which it is obligated to budget and appropriate to implement the Community Redevelopment Plan adopted by City Council; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a permanent committee composed of laymen representing the diverse interests with a stake in the redevelopment district to advise the CRA in implementing the Plan and utilizing the Redevelopment Trust Fund; NOW, TlCiEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 78, Article m of the City Code, City of Sebastian. Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-36, to read as follows: Sec. 78-36. Establishment. The City Council of the City of Sebastian hereby estabI/shes a Community Redevelopment Advisory Committee to assist the Community Redevelopment Agency (hereinafter called the "CRA") in the furtherance of the Sebastian Commultity Redevelopment Plan. Section 2. That Chapter 78, Article 1II of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-37, to read as follows: Sec. 78-37. Panel Comnosition. The Committee shall be composed of eleven members, each being a resident of the city, or else being either a property owner within, or the owner of a business operating within, the Community Redevelopment Distrct, as follows: A. Each council member shall appoint a committee member at the first meeting of April following the election of that councilmember to office. B. Two members shall be the President of the Sebastian Property Owncus Association (or his/her designee), and the Executive Directnr of the Sebastian River Area Chamber of Commerce (or his/her designee). C. There shall also be four additional committee members chosen by the city council as a body which shall represent one each of the following constituency groups: i. One realtor, attorney, financial professional or accountant; ii. One restaurateur, hoteiier, water-related or tourism busincssperson; iii. One resident of the District; and iv. One resident from outside the District. In the event that no suitable applicauts are available from a designated profession, an otherwise qualified at-large member may be appointed in their place. Section 3. That Chapter 78, Article rll of the City Code, City of Sebastian, Florida, PLANNIlqG: .Redevelopment, is hereby mended to create Section 78-38, to read as follows: See. 78-38. Terms. Following appointment of the initial committee members, the members directly appointed by council members shall serve until the end of the term of that councilperson. The two committee representatives based upon residency shall serve until April 1, 2005, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in odd numbered years. The two representatives based upon profession shall serve until April 1, 2006, and thereafter these representatives shall be selected at the first scheduled city council meeting of April in even-numbered years. Section 4. That Chapter 78, Article llI of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 78-39, to read as follows: Sec. 78-39. Duties. The committee shall hold regular workshops and public hearings to formulate recommendations to the CRA for comprehensive policies and initiatives to implement the adopted community redevelopment plan. Based upon these policies and initiatives, the committee shall develop a recommended annual program for the CRA, including an operating and capital budget for the Redevelopment Trust Fund, and the committee shall forward the same to the CRA no later than July 15 of each year. Section 5. That Chapter 78, Article III of the City Code, City of Sebastian, Florida, PLANNING: Redevelopment, is hereby amended to create Section 7840, to read as follows: Sec. 78-40. Procedures. At the first regular meeting following appointment of new members in April of each calendar year, or at the first regular meeting thereafter, the Committee shall select a chairman and vice-chairman, The Committee shall adopt rules of procedure and a meeting schedule. Section 6. That Chapter 78, Article rrf of the City Code, City of Sebastian, Florida, PLANNING.' Redevelopment, is hereby amended to create Section 78-41, to read as follows: Sec. 78-41. Ex-Officio members and staffing. The Chaimaan of the Planning & Zoning Commission shall be an ex- officio members of the committee. The City Attorney shall be counsel to the committee. The City Manager shall designate an employee as recording secretary to the committee and an official from the Growth Management Department to serve as staff liaison thereto. Section 7. CONTINUITY. To provide for continuity following establishment of the initial committee, any appointed committee member whose term ends in April 2005 that is not reappointed shall serve an additional year in an ex-officio capacity. Section 8. RESERVED. Sections 78-31 through 78-35 of the City Code shall remain reserved. Section 9. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict ~ection ~0. SEVERABILIT¥. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. .Section I1. immediately. EFFECTIVE DATE. This Ordinance shall become effective The foregoing Ordinance was moved for adoption by Councilmember _Cohigho The motion was seconded by Councilmember Monier and, upon being put to a vote, the vote was as follows: -- Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Couneilmember Lisanne Monier Councilmember Michael Heptinstall .. aye_ absent ~ay~ _ aye aye.. The Mayor thereupon declared this Ordinance dulypassed and adopted this 12th day of May, 2004. - - ATTEST: Sally A. _~, CMC City Clekk CITY OF SEBASTIAN, FLOR_IDA Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only.' Rich Stringer, City ~p..0aey AP~PL,ICATI*ON-"fO BERV~ ON crr~, ,BOARD~'CONIMITT-=; (Ali Ct5/Board and C,c>mrnitlee Member~ Muel be Residents o~ the~ CIty of HOME PHONE: O'~,C,'~r- ~ F:AX: BUGINESS ADDRESS: J G~:3 ~O BUSINESS !~HONE: ~.~I~ ~0~(~ BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE~CITY OF SEBASTIAN? ' - ,.,HOW' LONG'/ PLEBE C~CK T~ ~ARD8 FOR WHICH YOU ARE I~RES;~D IN BERING IN ORD~ OF P~FERENCE ~TH FIRST C~ICE BEING E-MAIL: ' ' ClaN8 ~G~ RE~ ~SORY BOARD U I I Y ~VELOPM~ ~ORY ~MM~ CO~U~ON BOARD ~e~. ~ ~NNING AND ZON~ C~MI~ION (~~ PARKS & REC~TION ADVIS~ COMM~EE ~EE & ~DSC~E ADViS~Y BOA~ (~nt ~ER ~O~ CO~I~EE (E APPLICABLE EDUCATION ANDIOIR EXPERIENCE: (a Drier resum,; is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOi.]'FE AP. PLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOAR[) OR COMMI?FEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN T~$ C~ ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY M~SDEMEANOR INVOLVIN~ MORAL TURPITUDE IN THIS OR ANY STATE? ~ ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ ~ I hereby ~ that I em qualified I~ h~l~' the position for ,,Vni~h this al~lkmtion is made. Further, ~uI~. I h~ ~ pt~ ~ / ind un~mtan~ ~n C~ ~ ......... HOME OF PELICAN ISLAND APPLICATION 'FO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee MemDers Must be Residents of the City of Sebastian) NAME: Warren W. Dill HOME ADDRESS: 725 Layport Drive Sebastian, FL 32958 HOME PHONE: HOME FAX: E-MAlL: BUSINESS: Atto~ BUSINESS ADDRESS: 1565 u.s. Hiqhway 1 Sebastian. FL 32958 BUSINESS PHONE: 589-1212 BUSINESS FAX: 589-5212 E-MAIL: ARE YOU A RESIDENT OF THE O TY OF SEBASTIAN? HOW LONG? Yes 5y~s DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? No PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMh I ~-E (serve~ only 6 months every ? year~ - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meet~ du~fng summer) CODE ENFORCEMENT BOARD (permanent boerd - meets once a mor~h)' × COMMUNITY REDEVELOPMENT ADVISORY COMMt I I ~-E (permanent board-mee~ as needed) CONSTRUCTION BOARD (permanent board- meet~ once a men,b)* HANDICAPPED SELF-EVALUATION CONIMu i t=E (permanent board- meets quarts~ty) PLANNING AND ZONING COMMISSION (permanent board- meets JYwce a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets qua~te#y)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMFI'TEE (if applicable). (VVRiTE IN GOMMD' i ~:E NAME) eFIling of financial disclosure is m~uired following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) See Resume attached. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? I have the experience and ability to help the Ouamnunity Redevelo~x~ent Advisory Co~nittee fora~llate and implement a realistic redevel~t plan for the District. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'i-I'EE: I have scme knowledge of the original CRA in Delray Beach, Florida. HAVE YOU EVER BEEN CONVICTtED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?. WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABO~/E? Not at this time. 1 hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the ~.,'thfulness of all information which I have provided in this applicatioa. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, road and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available,_~f requast~gd../' Applicant .~gnature \....~ / Subscribed and sworn to bc~om me this day of June 2004 by Warren W. Dill who is personally known to me, or has produced /" as identification. No{ary Public, State of Florida ~wl>-form~a pplicaLwpd rov. 1;2004 Diana C. Hill MYCOk,lMISSION# DD~145 EXJ~RE8 September 7, 2D05 Warren W. Dill Resume Excerpts 1999. Present 1989- I999 1979- 1989 1974- 1979 1972- 1974 1971- 1972 EDUCATION Dill & Evans, P.L. Attorneys at Law Ind/an River County, Florida Warren W. Dill, P.A. A/rtoraey At Law Indian River County, Florida Dill & Hess Attorneys At Law Jackson, Wyoming Office of County Attorney Palm Beach County ~.est Palm Beach, Florida ]ntemaI Revenue Sen,5~e /~egSorml Council's Office New York, New York United States Attorney, s Office New Orleana, Louisiana (Legal Intern) 1972 Loyola University School o£Law, New Orleans, Jur/s Doctor degree. · 1969 Florida Atla. uli¢ University School of Business (Finite and Aecountirtg) Bachelor of Science degree. BACKGROr3ND AND ETfPERIENCE, Bom in Miami, Florida mud raised in Palm Beach County, Florida. Warren W. Dill Worked for the internal Revenue Service aft~ ~aduafing from law school. Employed under the Federal Honors Program. As a staff attorney, represented the government before the United States Tax Court. Ia 1974, joined the Palm Beach County Attorney's Office'as an Assistant County Attorney and became the Deputy County Attorney ?n 1977. Primary areas of respousibihty were plmmi,,g, zoning, building, subdivisions and developments ofreg/onal impact Developedbroad range of experience in land use, including writing ~nd reviewing comprehensive plans, zoning, subdivision, impact fee, landscape and sign code ordinances. To explore the R. ocky Mountains and the We~ moved to Jackson Hole, Wyoming in 1979. Formed my own firm speciali~g in land use (zoning and subdivision), real estate, govermnent and corporate law. · ~Redlated areas of practice include serving as town attorney for three eommumfies, and consulting on zoning subdivision matters for various other town and counties around the state. Clientele consists of land developers, homeowners associations, water and sewer districts, hospital di~int, and a bank. Returned to Flor/da in 1989 and decided to make Indian Pdver County home. Practice is primarily devoted to land use law (representing developers and citizens before the zoning boards for Indian Pdver County, Brevard County, City of Vero Beach and the City of Sebastian), real estate develo ment and government and corporate law. P sales, Appointed City Attomey for the City of Fellsrnere in 1992. Part of representing the City includes review of al/construction conix-acts for the City f~om mad building to construction of the City Itall Council Chambers t.o impxovement to recreational facihties. OtherreSponsibilities as City Attorney have included the prepara~on of standard form contracts used by the C~ty whe~ hiring contractors for construction projects, plarrni~g and zoning, including review of comprehensiveplan amemdments, drafting zouingregnlafions and legaI counsel for the Planning and Zoning Commission and Board of Adjustment and pr~se~ting code violations before the Special Master. Other clients include various large land developers, builders and contractorg, including heavy equipment con~:actors. These clients require a full array of legal services from financing issues to review of constraction contracts to handling rezoning issues before local governmental boards to preparing deed restrictions to closing on sales. EXPERIENCE IN Comprehensive Land Use Plan Regulations Zoning and Subdivision Regulations Ordinance and Resolution Formulation Developer Agreements Consultant contracts with Architects and Engineers FHA, VA and FmHA Loan Guarantee Process Warren W. Dill Page 3 Conslruction Conttacts with Contractors Bid Docurnems Bid Bonds Payment and Performance Bonds Letters of Credit C-en~al Conditions Specific Conditions BOARDS AND COh,IMISSION8 P,~PRESEN'i~D Covenants, Conditions & Restrictions Condominium Documents A-~ctes, Bylaws, and Rules and ]Regulations for Assooiations Planning & Zoning Commissions Land Use Advisory Board Board of Adjustment (Variances) Site Plan Review Committee Personuel Appeals Board Employee Grievance Committee Citizens Task Force (zoning and subdivision revisions) Construction Industry Licensing Board Building Board of Appeals Subdivision ]Review Committee Building Code Advisory Board Beach & Parks Advisory Board B card o f Tax Adjustment LECTURES (given on various land use law topics to lawyers, planners and elected officials) Atlantic Legal Foundation, Joint SurveyOr/Lawyer Seminar; Area Planning Board Seminar for mumeipalities on the Florida Local Government Comprehensive Planning Act Wyorn/ng Planning Association Conferences; and Wyoming Association of Municipalities; Real Property Council o£Indian River C°unty' FLA'rBAR C°ntraot Preparati°n Seminars f°r the B °ard o£]Realtors; Flarida Legal g. ssistants, Legislative Update Seminar; l~aI Property Council/Board of Realtors, Environmental Issues in Residential Real Estate and Governmental Regulations Affecting Real Estate. ADMISSIONS AND MEMBERSHIPS Florida Bar, 1972 U.S. Tax Court Nebraska Bar, 1974 Wyoming Bar, 1979 Riverfront Advisory Committee (City of Sebastian - now disbanded) Professional Services Advisory Committee (Indian River County) U.S. Cimuit Court of Appeals, 5th Circuit U.S. District Court, Southern District of Florida U.S. District Court, Distr/ct of Wyoming Real Property Council of Indian River Courtly, Inc. APPLICATION TO SERVE ON CITY BOARDICOMMFI-I'FF (Afl City Board and Committee Members Must be Residents of the City of Sebastian) NAME: Thomas W. Fmme HOME ADDRESS: lTl Pelica~Island Place, Sebastiaa, F] 32958 HOME PHONE.772-581-9158 HOME FAX: E-MAIL: BUSINESS: Dcl~z~e~t of G~ Services, ~(fia~ P, Jver Comity BUSINESS ADDRESS: 1840 25th Street, Vero Beach, FL 32960 PHONE 772-226-1223 BUSINESS : BUSINESS FAX: 772-770-5029 E.MAiL:t:l~gm ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? yes HOW LONG? 8 yea~s+ Director of General Services~ Indian River County DO YOU PRESENTLY SERVE ON AIX~oOTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMM[TTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next tn 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board- meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COM~I't I1=~= (permanent board - meets qoartedy) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once e month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a me, nth) ,,~ OTHER TEMPORARY COMMI'I I I::E (if applicable) C~ ,~,._. ~ ~ L ,~ ¢P~e d e (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment om APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) Presently, I have over 31 years of local go~vernment experience and am aware of the pl~..~ng and financial approach that can be used in the application of CommUmty Redevelepment Agencies in the upgrad/ng of blighted areas. As a reference, I was professionally involved with the river~ont CRA during the development of the parking in the CavCorp tract and the lighting along Indian River Drive. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? I have a basic understanding of the CRA process and a general knowledge of many issues facing Sebastian and the upgrading of its identified CRA area. As a citizen, I am a stakeholder with strong desires to see Sebastian keeps its identity while it proposes changes to improve the affected area. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'~'EE: I spent 14 years as a zoning d/rector for a coastal Florida County. As such, I understand many issues associated with waterfront areas, land use issues and mi.~mum housing standard issues. I feel that I can provide the benefit of both experience and visinn~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? Perhaps at a future date. I have been provided with, read and understand City of Sebastian Coda of Ordinances Sections 2-166 through 2-173 (attached). Information relative to e specific board or committee is available If requested. Subscribed and sworn to before me this ~ ~y ~ ~ , ~r by · ~? . ~' n fl ~ as Idenflfic~o~. ) ........ ,,,,, /~ Public, S~ of Fiodd~ / '"' ~ Applicant Signature I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the fruthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. \wp-fo rm~,applicat .wpd rev. 1/2004 Thomas W. Frame 1717 Pelican Island Place Sebastian, Florida 32958 EDUCATION Education: B.A~ University of South Florida, 1970 with a major in Geography PROFESSIONAL HISTORY 1971 to 1978 - Zoning Administrator, Charlotte County, Florida 1978 to 1986 - Zoning Director, Charlotte County, Florida 1986 to 1988 -Assistant County Administrator, Charlotte County, Florida 1988 to 1995 - County Administrator, Charlotte County, Florida 1996 to 1999 - City Manager, City of Sebastian, Florida !999 to Present - Director of General Services, Indian River County PERSONAL BACKGROUND Resident of Sebastian 8 years Married with four grown children Attend St. Sebastian Catholic Church & member of Knights of Columbus Past President and member of Rotary Club of Sebastian, Inc. Past member of Sebastian River Medical Center Board of Trustees Past President of the North Indian River County American Cancer Society 1998-99 HOME OF PEUCAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COM,.,,, ,. · (All City Board and Committee Members Must be Residents of the City of Sebastian~ HOME PHONE: BUSINESS: BUSINESS ADDRESS: ~,..'z~oO-ZO~'~ E¢,:-.,.-~.c¢,,¢:/ ,,'~-'~o.,'~-~ ~"7/ BUSINESS PHONE: '7 7~ -¢Sz'¢J ¢ BUSINESS FAX: ~'?O '-~,2 / E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? © DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMi ~ I ~-E? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: *Filing of financial disclosure is required following appointment __ CHARTER REVIEW COMMi I I ~'E (~erves only 6 months eveo/ 7 yeerg - meets next in 2006) .CITIZENS BUDGET REVIEW ADVISORY BOARD (tempora~/- meets during summer) .CODE ENFORCEMENT~BOARD (permanent board- meet~ once a month)" ~ COMMUNJ'r'Y REDEVELOPMENT ADVISORY COMMITTEE (permecent board-meets as needed) CONSTRUCTION BOARD (permanent board - meet~ once a month)* HANDICAPPED SELF-EVALUATION COMMF]-TEE (permanent board- meets qualteriy) PLANNING AND ZONING COMMISSION (permanent board - meets ~wice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (pemTanent statutop/board- meets qua~eriy)* PARKS & RECREATION ADVISORY COMMi I I t=~ (permanent board - meets once s month) .TREE & LANDSCAPE ADVISORY BOARD (pemlanent board -meets once a month) .OTHER TEMPORARY COMMITTEE (if applicable)- -~ · (WRITE IN COMMi I I =E NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?. WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this appiication is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which i have provided in this apDlication, t understand that any mismf3resentafion or omission of information requested in this application is cause fi3r disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is availa, bte if requested. Applicant Signature /~Rcdbed and sworn to before me this ~,~/~"~ day of ,/Y~ ~,,~. by as identification. Notary Public, St~f FIodda J ~wp-form~applicaLwpd rev. 1/2094 ~?' ~. '~ MY COMMISSDN # CC g21189 Addendum to Application Patricia A. Jamar 13650-77m Court Sebastian, FL 32958 Co-Owner: Re/Max Riverside, 936 U.S. Highway One, Sebastian, FL 32958 (relocating to new office building, currently under construction at 1603 U.S. Highway One, Sebastian, FL) Work Exoerience/Qualifications Applicable to Application: For the past 8 years, I have managed a $60,000,000 property with 1,000,000 sq ff. of leasable retail area. I maintain an annual operating budget of over $2,000,000, utilizing a staff of approx. 40 workers. Was "alternate member" of the State Road 60 Corridor Plan task force during the construction phase of Indian River Mall in 1996. Moved to Indian River County in 1983. Familiar with the local/county government. Patricia A. Jamar, CSM 13650-77t~ Court Sebastian, FL 32958 772-5894713 WORK EXPERIENCE May 1996 to Present: General Manager, Indian River Mall & Commons/Simon Property Group, Veto Beach, FL, 6200-204 Street, Vero Beach, FL, 32966, 772-770-9404. (Simon Property Group Corporate Offices, Indianapolis, IN 31%636-1600). 750, O00 sf GIM mall plus 250, OOO sf community center. Responsible for leasing (long- term and temporary), negotiation of contracts, staff supervision, office management, budgeting and monthly financial analysis and reporting, tenant and trublic relations, and operations issues all with the goal of maximizing the asset value of the property. Hired pre-construction and set up entire office structure, hired all staffing, purchased all equipment, supplies, vehicles, bought grand opening marketing, etc. Interfaced ~ith all county and state organizations, i.e. St. Johns River Water Mgr. District, DOT, DRI permi~ng, and member of the S.R. 60 Corridor Plan during construction. September 1994 to May 1996: General Manager, Horizon Outlet Center/Horizon Group, Inc., Vero Beach, FL (now called Tanger Outlets at Vero Beach). 1824-94th Drive, Vero Beach, FL 32966, 772-770-6097. Hired pre-construction and set up entire office structure, hired all staffing, purchased all equipment, supplies, vehicles, grand opening marketing, etc. Grand opened three phases of project. 326, 000 sf GIM. (same duties as above) August 1991 to September 1994: General Manager, Vero Mall/Jim Wilson and Associates, 1255-U.S. Highway One, Vero Beach, FL 32960. (Jim Wilson and Associates Corporate Offices-334-260- 2500, Mr. Carl Bartlett, Sr. V.P.) 150, O00 sf GLg. (same duties as above) August 1984to May 1991: Communications Center Manager/Marketing & Sales Dept., Piper Aircraft Corporation corporate offices, 2926 Piper Drive, Vero Beach, FL 32960, 772-299- 2341. Set up 6-line "800-¢ommunications" center for distn~oution of brochures, catalogs, pilot shop merch~.dise. Set up retail "Pilot Shop" at corporate headquarters. Prepared technical marketing and sales brochures for all models of aircraft. Worked with overseas school attendees bom Flight School simulator training courses by providing local homing, tourism junkets, etc. Page 2 Patricia A. Jamar, CSM March 1989 to December 1996 (in conjunction with my regular jobs): On-site property manager for 24-unit apm:iment building/Private Overseas Owner. Advertised, screened applicants leased and provided property maintenance for 24 apartments for 7 years while living on-site. January/1984 to August 1984: Buyer Trainee Program, Francis Brewster Shops, Vero Beach, FL Worked at local Vero Beach retail shop in their buyer training program, with intent to be promoted to Worth Avenue location upon completion of buyer program. September 1980 to December 1983: Assistant Buyer, Gantos Corporation, Grand Rapids, MI Worked with permanent buyers on division of goods among 80 stores across the country, set appoin~nents, prepared budgets. February 1980 to September 1980: Manager Training Program, Kmart Corporation, Saginaw, MI and Lake Orion, MI Began at a Kresge store in Saginaw, MI in Manager Training Program. Promoted to Kmart store in Lake Orion, MI. Oversaw housewares, toys and crafts departments inventory, scheduling, etc. SCHOOLING: · B.S. Degree from Ferris State University, Big Rapids, M/February 1980. · CSM-Certified Shopping Center Manager degree from the International Council of Shopping Centers, September 1995 · Florida Broker's license May 2003. · CPM-Certified Property Manager candidate since January 2002 l~om Institute of Real Estate IVlanagement PERSONAL: Married, no children. Husband-David. Co-Owner with husband of Re/Max Riverside, real estate franchise ha Sebastian, FL. Current member of the Partners In Industry & past 3-year board member of Veto Beaclfflndian River Chamber of Commerce. Hobbies include gardening, stained glass, woodworking, cra~s and golf.. REFERENCES: Available upon request. NOME OF PEUCAN ISLAND APPLICATION 3'0 SERVE ON CITY BOARD/COMMITTEF fall City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ~' ~"~t'~ /~,,,¢,~ ~/',o¢/1[ ~ HOME PHONE: 3 ~'5 ¢¢ V~ HOME f~:' BUSINESS'~/¢~ ' ~O ' ' :" ' , ' ''; ' ' BUSINESS' PHONE3 ~ggZ / BUSINESS F~:Sppgl~ E-MAIL: YOU X.ES NT OF THE OF S *ST XN? .OW DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? I~ ~ DO YOU PRESENTLY SERVE ON ANY OTHER CI~ BOARD OR COMMI~E? WHICH BOARDS/COMMI~ ~ES? ~¢ ~ ~ ~ ~ ~ PL~SE CHECK THE BOARDS FOR ~ICH YOU ARE INTE~STED IN SERVING ORDER OF PREFERENCE WITH FIRST CHOICE BEING __ OHAR~R REVIEW COMM~EE (se~es only 6 mo~s eve~ 7 yee~ - mee~ ne~ ln 200~ CITI~NS BUDG~ ~EW ADVISORY BOARD (~mpo~ - mee~ dud~E su~er) ~E ENFORCEMENT BOARD ~e~nent boa~ - ~ on~ a mo~)* ~ COMMUN~ RED~LOPMENT ADVISORY COMMO J ~E (pe~a~nt b~mee~ a~ needed) CONS~UCTION BOARD ~e~anent boa~ - mee~ once a HANDICAPPED SELF-EVALUATION COMMI~E (~entboa~- meets ,P~NNING AND ZONING COMMISSION (pe~a~entb~- ~ets ~ce a ~E R~IR~E~ BOARD OF ~U~EES ~e~ene~ smt~ boa~ mee~ gue~edy)' UAFE ADVISORY BOARD (pe~anent ~a~ - mee~ o~ ~ ~h) O~ER ~PO~Y COMMI~EE (E appli~ble) (WR~ IN C~ ~ ~ ~ME) Fling of ~a~iat d~oiu~ is mouiBd ~l~ing a~poin~ent ~ABLE EDUCATION AND/O~RiENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD ~OU RE APPLYING LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON B~ARD R CO ~VE YOU E~R BEmN CONVICTED OFANY ~EL~y IN~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL,/~'O TURPITUDE IN THIS OR ANY STATE?. WOULD YOU CONSIDER SERVING ABOVE? J~ ~f/~,~ ON A BOARD OTHER THAN THE ONE(S) SELECTED I hereby certify that I am qualified to hold the position for which this application is made, Further, I hereby authorize the City of Sebastian to investigate the ~t~t3fulness of all information which J have provided in this ap~licetion. I underetand that any misrepresentation er ornlasion of information requested in this application is cause for disqualificelioo. I have been provided with, read and understand City or Sebestian Cod~ of Oral nances Sactiens 2-166 through ~ 73 (attached). Information relative to a st3eclfic board or commitla~ is available if,requested..,~ z roug~2~ AppJicantj~ignature --, - ~ L~ , , who is personally known to me, or has produced as identification. - Not~ Pu~i¢, ,.~l~'of Flaride ' - · rev. 1J2004 =-.,~ . ~ ,...- HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE ¢AII City Board and Committee Members Must be Residents of the City of Sebastian) HOME PHONE: HOME FAX: E-MAlL: BUS NESS: -73d -D BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CrTY OF SEBASTIAN? DO YOU CURRENT~LY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'CFEE? WHICH BOARDSJCOMMil-FEES? HOW LONG? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMI I ~ ~E (serves only 6 rnonths every 7 year~ - meets next in 2006) /CITLZENS BUDGET REVIEW ADVISORY BOARD (mmpora~ ~ meet~ dudng summer) / CODE ENFORCEMENT BOARD (permanentboard. meets once s month)* ~---LT~COMMUNI'FY' REDEVELOPMENT ADVISORY COMMI'1-FEE (pe~nenent board-resets as needed) 'CONSTRUCTION BOARD (permenent board-rneets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (pem~anent board- meet~ quarterly) PLANNING AND ZONING COMMISSION (permanent boerd - meets ~vvice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (pe~'nanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMI~J'EE ~enwanent beard- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once e month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMi'~ t :re NAME) *Filing of financial disclosure is recruited following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) 1 HOW WOULD YOUR ~PERIENCE BENEF;T THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'i-I'EE: HAVE YOU E~R BEEN CO~IOTED OF ANY FELONY IN THIS OR ANY STATE? ~VE YOU E~N BEEN CO~ICTED OF ANY MISDEM~NOR I~OLVING MO~L TURPITUDE IN THIS OR ANY STAT~ ~ ~2 WOULD YOU CONSIDER SERVING ON A BOARD OTHERTHAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all in~rmafion which I have provided in this apOlicetion. I understand that any misrepresentation or omission of information requested in this application is cause for disc~ualificetion. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to e specific board or commi~ is available if reque~f~d SuJ3~crlbed and sworn .to b,fore me this ~day of (,-.~,~.,,~.,~''/ '/",,r' ,.. "~ .-,,-~,~o,.- '~ ............. //7 Y/ --:z, ............ ,~otary Public, State of P~orida ~j~,;~' '6'~...~ MY COMMISSION # DD08~531 Il ~wp-form~applicet.wpd rev. 1/2004 HOME OF PEUCAN I~;1.~ND NAME: ,APPLICATION TO SERVE ON CITY BOARDICOMMITTEF ,(All City Board and Committee Members Must be Residents of the Citv of Sebastian/ HOME PHONE: ..~oC~ ~ _ 0 ,:~30 HOME FAX: BUSINESS: E-MAIL: BUSINESS PHONE: 6 9-2906 BUSINESS F~:%~¢_ 7//~ E-~IL: ARE YOU A RESIDENT OF THE Cl~ OF SE~STIAN? ,~ 6 $ HOW LONG?~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDSJCOMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE ($erve~ only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary ~ meets during summer) __~_~CODE ENFORCEMENT BOARD (permanent bOard - meets once a month)* ~.M,~M_U.?. ! _3~Y_.R__E~..EVEL_O~MENT ADVISORY COMMITTEE (permanent boardwwoats ,~.~ oaec/ed) ~nl;:) I i'(U~IION BOARu (permanent boanY - meets once a month)* .HANDICAPPED SELF-EVALUATION COMMITTEE (permanent boanY- meeb~ quarterly) PLANN NG AND ZONING COMMISSION (permanent board- meets b4/ice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (Permanent statutory bOard- meets qoar~rly)* 3N ADVISORY COMMITTEE (peffnanent board- meets once e month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMM ri i ~-~= (if appNcable) · Filing of finanoial disclosure is required following appointment (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST. ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OFANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OFANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~.~ I hereby certify that I am qualified to hold the position for Which this al3plicaflon is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all ioformation Which I have provided in this application. I understand lhat any misrepresanta~an or omission of information requested in this application is cause for disqualification. I have beee provided wtih, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or comm~,ee is available if requ~.T~ted. ~ r'-r-~,j/t~?_i~_~ , Who is personally J(nownt° mL or has produced (~ly P~8~lic, State of Flodde / [wp-fo rm~,a pplicat wp d rev, 1/2004 ~.3oseph C..C~nerazio Sheme Waltz o jec e To familiarize the Board with my qualifications for position on the Community Redevelopment Advisory Committee. Expadence 2003-Present Billem & Billem Properties Ucensed Real Estate Associate · Member NationalAssociation of Realtom. · Member Reaitom PoliticalA~on Committee. Sebastian, FL 2000-2003 Kuntry Kdtters, Inc. Owner/Operator · Member Better Business Bureau · Tripled sales and doubled profitability. sebastian, FL 1999-2001 Rivemide National Bank Customer Service Representative Sebastian, FL 1988-1999 Designing Baker Kunkletown, PANVaJlace, CA Owner/Operator · Baking and design company catedng to private and corporate affairs. 1986-1990 Two Rivers Auto Repair, Inc. Easton, PA Cc-Owner/Operator · Classic/Import and Domestic Auto Repaim. Education 1999 San Joaquin Community College Stockton, CA · Business Management. 2003 IFREC Veto Beach, FL · Real Estate Sales Associate Pm-Licensing Course. Interests History, painting, computers. APPLICATION TO SERVE ON CITY' BOARD/COMMITTEE All City Board and Committee Members Must be Residents of' the Ci of Sebastian NAME:-~=~/7~g~ /_., ~/,.}-~/..-_ HOME ADDRESS: ~ HOMEPHONE: HOME FAX: E-MAiL:' BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE:,~.~~(~) BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? 7~_.,.~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /~ ~) DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE~ WHICH BOARDS/COMM 'J'TEES? /~, · HOW LONG? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: _, CHARTER REVIEW COMMJ'FFEE (serves only 6 months every 7 years, meets next in 2006) -- CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary. meets du#ng summer) CODE ENFORCEMENT BOARD {oermenent board, meets once a mouth)' -- CONSTRUCTION BOARD (permanent board-meets once a month)*' (P anent board- meets ~vice a month)* . POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutoly board-meets qua/re#y) (1~ rmane~t ooem- meets on e mon ..,, 0NRrTE IN COMMiT~i=E NAME) ~ V , , m'ingof lnancJaldlscJosureisrequiredfoUowir gappointmant APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR IN,VOLVlNG MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /~ ~ I hereby certify that I am qualified to hold the position for which this application is made. Further. I hereby authorize the City of Sebastian to invesitgate the b'uthfulness of all information which I have provided in this application. I understand that any mismpresentaiton or omission of information requested in this application is cause for disqualification. i have been provided with, read and understand City of Sebastian Code of ordinances Sections 2-166 through 2-173 (attached), Information rela'dve to a specific board or comm~ is~iiable E~r~quested. Subscribed and swom to before me this ~/ day of ~D/.g2-.~ ,~ /'~,'¢.~'/¢' , who is personally known ~to ma, or has produced f.~. _~. ~ asJdentifica,on. N'ot~r~ubiic, ~'ate of FIodda ! ~,..=~ ~ EXPIRES. Februau 2, 2005 ~wp-form~applicat,wpd rev. 112004 O!T~' OF i-iCE ~'F C ~ gL,._ SEBASTIAN PROPERTY OWNEI~~ ASSOCIATIO~~ ~ ~ ~ ~ Date: June 12, 2004 Memorandum For: Sebastian City Clerk Attn: Sally Maio SUBJECT: CRA Designee As President of the Sebastian Property Owners' Association, I designate Andrea B. Coy as our representative to the CRA committee. SAL NEGLIA President Sebastian Property Owners' Association HOME OF PELICAN BI.AND APPLICATION'fO SERVE ON CITY BOARDICOMMITT~t~ fAll City Board and Committee Members Must be Residents of the Cib/of Sebastian) E-MAlL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-IVlAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? i'~',-% 0 DO YOU PRESENTLY SERVE ON ANY OTHER CI'i-Y BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ 0 PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER FL:VIEW COMMli I mE (~'erves only 6 months eveqf 7 yea~ - meets next in 2006) crTIZENS BUDGET REVIEW ADVISORY BOARD (teml3ora~y- meets during gummer) ~CODE ENFORCEMEN'~.BOARD (permanent board, meets once a men,hi' COMMUNITY REDEVELOPMENT ADVISORY COMMI'CrEE (permanent board-meets es needed) CONSTRUCTION BOARD (parT, anent board ~ meets once a month)* ' HANDICAPPED SELF-EVALUATION COMMJ ! i ~-E (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets A, vice a month)* POLICE RETIREMENT BOARD OF TRUSTEES ~oermanent statutory board-meets qusttelfy)* PARKS & RECREATION ADVISORY COMMITTEE (permaner~t board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board-meet~ once a month) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE tN COMMIT'FEE NAME) *Filing of financial disclosure is required foilmving appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'i-FEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? r Oo HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS ORANY STAT=-?. /~ O WOULD YOU CONSIDER'SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? , 30 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby aulhortze the City of Sebastian to investigate the trufl'rfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and undemtand City of Sebastian Co~e of Ordinances Sections 2-166 through 2-'173 (attached). Information relativeto a specific board or ~omm~if~....~ ~f~'.~.,~ :7. C-~./ / , who is ..... ,,- ~--~ ~ ' " · ./ .-"-) p.~/~ / / _ ~.e ...... z r.,,u~ ,o me, ~'~ /~/,' ,/ es idenlffication. 5ta~,'~,,l~ 'stste o~yct~ ............... I1~.~.~ EXPIRES: ~arch 18, 2~6 £1~ OF HOME OF PELICAN ISL,~NH May 18, 2004 PRESS RELEASE COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL FOUR OF THE ELEVEN POSITIONS ON THE COMMUNITY REDEVELOPMENT ADVISORY COMMH-FEE: ONE MEMBER WHO IS EITHER A REALTOR, ATTORNEY, FINANCIAL PROFESSIONAL OR ACCOUNTANT TO EXPIRE 4/1/2006 2. ONE MEMBER WHO IS EITHER A RESTAURATEUR, HOTELIER, WATER- RELATED OR TOURISM BUSINESSPERSON TO EXPIRE 4/1/2006 THE ABOVE TWO MEMBERS CAN BE FILLED BY ANYONE WHO IS EITHER A RESIDENT OF THE CITY, A PROPERTY OWNER WITHIN THE DISTRICT OR A BUSINESS OWNER WITHIN THE DISTRICT. 3. ONE CITY RESIDENT OF THE DISTRICT~e TO EXPIRE 4/1/2005 4. ONE CITY RESIDENT FROM OUTSIDE THE DISTRICT~ TO EXPIRE 4/1/2005 THE OTHER SEVEN MEMBERS ARE INDIVIDUALLY APPOINTED BY EACH COUNCILMEMBER AND ARE THE SEBASTIAN PROPERTY OWNERS ASSOCIATION PRESIDENT OR DESIGNEE AND SEBASTIAN RIVER AREA CHAMBER OF COMMERCE EXECUTIVE DIRECTOR OR DESIGNEE. THIS BOARD WILL MEET'AS NEEDED TO MAKE RECOMMENDATIONS TO CITY COUNCIL AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL JUNE 14TH, 2004. A map of the Community Redevelopment Distdct is on file in the Office of the City Clerk. ARTICLE VI. BOARDS, COMMISSIONS, COMMITTEES* *Cross references: Jurisdiction of the code enforcement board, § 2-178; construction board, § 26-191 et seq.; planning and zoning board, ch. 54; board of adjustment, ch. 54. DIVISION 1. GENERALLY Sec. 2-166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Board shall mean any permanent board oFcommittee of the city, which is established by ordinance as a permanent board or committee of the city. Committee shall mean any tempormy committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its ass/~tmment or on a date certain as provided by the resolution creating the committee or commission. Neither "board" nor "committee" shall be construed to include the city council. (Ord. No. 0-97-56, § 1, 9-25-97; Ord. No. 0-98-05, § 1, 7-8-98) Sec. 2-167. Appointments. The city council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the city council and the applicant, the city council shall interview persons requesting consideration for appointment at a public meeting. Following such interview, the city council shall fill the vacancy from the list of applicants. All boards and committees shall have at least one alternate member, with a maximum of two alternate members. .No member of any city board or committee shall become a candidate for elective political office during his or her term. A letter of resignation shall be tendered to the office of the city clerk at least ten days prior to the first day of qualifying for the office he or she intends to seek. Should any member of a city board or committee qualify as a candidate for political office, such qualification shall be deemed a tender of immediate resignation from such board or committee. No person shall serve on more than one city board or permanent committee simultaneously. (Ord. No. 0-97-56, § 2, 9-25-97; Ord. No. 0-98-05, § 2, 7-8-98) Sec. 2-168. List of volunteers. Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. (Ord. No. 0-97-56, § 3, 9-25-97) Sec. 2-169. Announcement of vacancies, applications for consideration. Vacancies in the membership of a city board or comr~ttee shall be announced by the city clerk by posting a notice of same at a public place, in the city hall and by publishing a copy thereof in a newspaper of general circulation in the city. Persons wishing to be considered for appointment shall file an application with the office of the city clerk. /~.~,~(r 0_ O----56,§ 4,29 7)~Q~: O//lid. Sbrary2 _m97uniCode.co 9-m/g 5-atewaY.dll/FL 1/fl oridal/6748/6760/6766 ?f-templatesSfn=d... 6/18/2004 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Resolution No. R-04-2~ ~~_ ~ity Manager Exhibits: R-04-26 Agenda No. _/~. / ~ (~ Department Origin: City Clerk's Office Purchasing/Contracting: .Finance Director: City Attorney: ~'[~,v ~ City Clerk: Date Submitted: 6/17/04 For Agenda of: 6/23/04 EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY At Council's request, staff has drafted Resolution No. R-04-2;~ to revise Resolution No. R-03-14 relating to City Council meeting procedures, specifically to reduce the public input time from ten minutes to whatever Council wishes. RECOMMENDED ACTION At Council's discretion, determine the appropriate time, move to adopt R-04-26 as amended. RESOLUTION NO. R.04-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Councilmembers present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. Re.qular Meetinqs: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-iudicial Headnqs: Quasi-judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule a quasi-judicial hearing for a Regular City Council meeting when necessary. Workshops: Workshops, when necessary, shall be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting a quasi-judicial heating scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. Special MeetinRs for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN OUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public headng. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Flodda Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Public input. 6. City staff final comments and recommendation, if any. 7. Chairperson closes headng unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public headng unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the headng will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public headng for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of -this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. Siqn-up Sheet, Sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30 prior to the meeting for Introduction of New Business from the Public and Public Hearings. B. Public Input on Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public headng held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. C. Introduction of New Business from the Public, Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the opportunity to address the City Council if they have signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters, Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet, No Introduction of New Business from the Public shall be allowed at special meetings or workshops. D. Time Limit for Public Input Individuals. who are not parties in quasi-judicial proceedings, shall be limited to minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any pads of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or pads of resolutions in conflict herewith are hereby repealed, including Resolution No. R-03-14. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Councilmember , was seconded by Councilmember , and upon, being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Raymond Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this June 2004. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan B. McCollum, Mayor Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Amendment to Chapter 102, Article V, Sebastian Stormwater Utility a OVed for Submi~i by: nager ~*vrc~e R. ~e ~ Agenda No. ~)q, [ ~ { Department Origin: Engr. Purchasing/Contracting: Finance Director: City Attorney: .4& ~City Clerk: Date Submitted: June 15, 2004 For Agenda of: June 23, 2004 Exhibits: Ordinanca No. 0-04-1fl EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA NIA APPROPRIATION [ FUNDING SOURCE: REQUIRED: NIA [ NIA SUMMARY This ordinance is to amend Section 102-103 (c) to change wording from South Florida Water Management District to St. John's Water Management District. And, to amend Section 102-106 (c) to include funding capital improvement projects as outlined and programmed in the Capital Improvement Program of the Comprehensive Growth Management Plan in addition to the projects included to the Stormwater Master Plan. RECOMMENDED ACTION Move to pass Ordinance O-04-15 on first reading and set a public hearing for meeting of July 28, 2004. ORDINANCE NO. O'04-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102, ARTICLE V SEBASTL4N STORMW.4TER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the city under the authority of Florida law established a stormwater utility system to impose just and equitable rates, fees, and charges for the services and facilities provided by the system and issue revenue bonds to finance improvements to the system; and WHEREAS, the initial phase of improvement projects set forth in the Stormwater Master Plan have been funded and list of projects eligible for funding through the utility fees needs to be expanded; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 102-103 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 102-103. Stormwater fee; imposition and calculation of. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the Utility, a landowner may apply for a credit for constructed retention facilities pursuant to ~at, h..F-4e~ ~ Water Management District requirements or for the existence of atypical physical features to the site, and the City shall reasonably determine said credit based upon the equitable pro-rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. Seetlon2. That section 102-106 of the Code of Ordinances, Sebastian, Florida, is hereby amended to read as follows: Sec. 102-106. Stormwater utility trust fund; use of funds. (c)No less than 80% of utility fees shall be used to fund capital improvement projects as delineated and programmed in the Im ov nt Pr r of t reh nsi ro a ~ ~~.-9~_Stormwater Master Plan adopted by City Council. City of S_ecfion 3. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid, the ~'emainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid prov/sion. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to continue in full force and effect. Section 5. EFFECTIVE DATE. Following its adoption by the City Council, this Ordinance shall take effect immediately. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember M/chael Heptmstall The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of July, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attomey CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: City Attorney Performance Evaluation ~~mi~by: City Manager Terrence ~lOore Agenda So. ~q~, [ 6 Department Origin: Human Resourc / Purchasin .g/Contracting:. Finance DwectorL City Attorney: ~-~_ /? City Clerk: Date Submitted: June 14, 2004 For Agenda off June 23, 2004 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: I APPROPRIATION REQUIRED: SUMMARY As a result of the performance evaluations being received from City Councilmembers for the City Attorney, Richard Stringer, staff submits this transmittal to place his appraisal on the agenda. CTYY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Acknowledgement of "thank rou" letters from citizens. proved for ub.m.i b ~ty Manager Agenda No. ~)/-~.,/9 ~ Purchasing/Contracting: Finance Director: City Attorney: ~ City Clerk: Date Submitted: June 15, 2004 For Agenda of: June 23, 2004 Exhibits: EXPENDrr URE REQUIRED: AMOUNT B~ETED: SUMMARY APPROPRIATION REQUIRED: Receiving a "thank you" letter from citizens who have encountered excellent customer service, exlreme professionalism, and exceptional responsiveness is noteworthy information. Employees receiving such correspondence should be commended for their efforts publicly, To that end, it is our pleasure to provide copies of these letters so that City Council can recognize the employees that are serving the community to the best of their ability, often exceeding expectations. ffyou have any questions or comments, do not hesitate to call me at 388-8202. $[~[,~ 1201 Main Strut POLICE Sebastian, FL 32958 DEPARTMENT (772) 589-5233 Fax # 589-2207 (24 hr.) James Davis, Chief' of' Police Admin. Fax # (772)388-1872 ~ COlVlM~NDATION ~ DATE: May 17, 2004 NAME: Sergeant Deborah Huston CLASSIFICATION: Sergeant On 04-27-04 at approximately 0132 hours, Sergeant Huston was patrolling the area of Acorn Mini Storage at 189 Sebastian Blvd. While jpatroiling she obs~ved two while nudes and a white female by unit #617 with two plet~ up trucks and a tra~er. Sergeant Husmn then began to question the subjects and observed property within the storage unit and had knowledge of several burglaries that had recentO~ occurred in which construaffon equ~ment had been take~ Oj~tcer Snell and Officer DeBusk arrh, ed on scene and assured S~geant Huston. Detective Sergeant Grimmiah and Detective Marcinik were called out and through dtligent investigation by al~ involved, it was determined that the property was indeed stolen and the three subjects were subsequent~ taken into custody. By these aa~.ons and team work about frye cases were cleared and in excess of $15,000.00 in propemty was recovered. It is this kind of dedicefion and teamwork that the Sebastian Police Department has earned and maintains a good reputtrl~on with the City we serv& Congratulations on a )ob well done and keep up the good work! Recommended By (Signature) DISTRIBUTION: Person Commended Personnel File Unit File Media Reading File SEBASTIAN POLICE DEPARTMENT James Davis, Chief of Police 1201 Main Street Sebastian, FL 32958 (772) 589-5233 Fax # 589-2207 (24 hr.) Admin. Fax # (772)388-1872 COMMENDATION DATE: May 17, 2004 NAME: Detective Sergeant FFilliam Grimmich CLASSIFICATION: Sergeant On 04-27-04 at approxirnate~y 0132 hours, Sergeant Hnston was patrolling the area of Acora Mini Storage at 189 Sebastian Biw~ FFhilepatrolling she observed two white males and a white female by unit ~617 with two pick up trucks and a trailer. Sergeant Huston then began to question the subjects and observed properly within the storage unit and had knowledge of several burglaries that had recent~ occurred in which construction equipment had been taken. Officer Snell and OJ~tcer DeBusk arrived on scene and assisted Sergeant ttnstot~ DeteCtive Sergeant Grimmich and Detective Marcinik were called out and throttgh diligent investigation by all involved, it was determined that the prol~erty was indeed stolen and the three subjects were subsequently taken into custody. By these actions and team work abont five cases were cleared and in exce~s of $15,000.00 in property was reco~ered It is this kind of dedleation and teamwork that the Sebastian Police Department has earned and maintains a good reputation with the City we serv~ Congratulations on a job well done and keep up the good workl Recommended By (Signature) DISTRIBUTION: Person Commended Personnel File Unit File Media Reading File ]e of Police SEBASTIAN POLICE DEPARTMENT James Davis, Chief of Police 1201 Main Street Sebastian, FL 32958 (772) 589-5233 Fax # 589-2207 (24 hr.) Admin, Fax # (772)388-1872 ~ COMMENDAT/ON DATE: May 17, 2004 NAME: Detective Steven Marcinik CLASSIFICATION: Detective On 04-27-04 at approximately 0132 hours, Sergeant Haston was patrolling the area of Acorn Mini Storage at 189 Sebastian Blvd. Whi!e patrolling she observed two white males and a white female by unit P~617 with two pick up trucl~ and a trailer. Sergeant Huston then began to question the subjects and observed property within the storage unit and had knowledge of several burglaries that had recently occurred in witich construction eqtdpment had bean take~ Officer Snell and Officer DeBusk arrived on scene and assisted Sergeant Hustota Detective Sergeant Grimmich and Detective Marcinik were called out and through diligent investigation by ali involved, it was deferrnined that the property was indeed stolen and the three subjeet~ were subsequently taken into custody. By these actions and team work about flve cases were cleared and in excess of $~5,000.00 in property was recovered. It is this itind of dediaatlen and teamwork that the Sebastian Police Department has earned and maintains a good repatation with the City we serv& Congratulations on a job well done and keep up the good work! Recommended By (Signature) DISTRIBUTION: Person Commended Personnel File Unit File Media Reading File SEMISTIIili POLICE DEPARTMENT James Davis, Chief of Police 1201 Main Slxeet Sebastian, FL 32958 (772) 589-5233 Fax # 589-2207 (24 hr.) Admin Fax # (772)388-1872 COMMENDATION DATE: May 17, 200g NAME: Officer Richard Snell CLASSIFICATION.. Officer On 04-27-04 at approximately 0132 hours, Sergeant Haston was patrolling the area of Acorn Mini Storage at 189 Sebastian Blvd. ~e'hlle patrolling she observed two white males and a white female by unit I~617 with two pick up trucks and a trailer. Sergeant Hustan then began to question the subjects and observed prope~ within the storage unit and had knowledge of several burglaries that had recently occurred in which construction eqtdpmant had been taker~ Offiaer Snell and Officer DeBask arrivod on scene and assisted Sergeant Hnstota Detective Sergeant Grimmleh and Detective Marcinilc were called out and through diligent investigation by all involved, it was determined that the property was indeed stolen and the three sttbjects were subsequently tal~n into custody. By these actions and team work about five cases were clettred and in excess of $15,000.00 in properly was recovered. It is this kind of dedication and teamwork that the Sebastian Police Department has earned and maintains a good reputation with the City we serv~ Congratulations on a job well done and keep up the good worlc! Recommended By (Signature) DISTRIBUTION: Person Commended Personnel File Unit File Media Reading File ef of P~lice '~ - 8[81811111 POLICE DEPARTMENT James Davis, Chief of Police 1201 Main Street Sebastian, FL 32958 (772) 589-5233 Fax # 589-2207 (24 hr.) Aclmin Fax # (772)388-1872 COMMENDATION DATE: May 17, 2004 NAME: OJ~fwer Yt'dlhtm DeBusk CLASSIFICATION: OJ~fwer On 04-27-04 at approximately 0132 hours, Sergeant Huston was patrolling the area of Aearn Mini Storage at 189 Sebastian Blvd. While patrolling she observed two white males and a white female by unit ~617 with two picir up trucks and a trailer. Sergeant Hnston then began to question the sttbjects and observed property within the storage unit and had knowledge of sevoral burglaries that had recently occurred in which construction equO~ment had been tal~en. Officer Snell and Officer DeBusk arrived on scene and ~rsistod Sergeant Hnston. Detective Sergeant Grimmich and Detective Marcinik were called out and through d~igent invostig~n by all involved, it was determined that the property was indeed stolen and the three stthjeats were subsequently taken into custody. By these actions and team worl~ about flve cases were cleared and in excess of $15,000.00 in properly was recoveretL It is this kind of dedication and teamwork that the Sebastian Police Department has earned and maintains a good reputation with the City we serve. Congratulations on a job well done and keep up the good work! Recommended By (Signature) DISTRIBUTION: Person Commended Personnel File Unit File Media Reading File Endo}~By (Capta~tenant .. 7~f ~f-l~olice -- - 28, 2OO4 FYi Sebastian Po/ice Department 1201 Niain Strut 772-~8o ~,~. Seb~at~n. Florida. 329~8 Dear Officer Poore: Attached is a copy of a letter from John Perrin, in appreciation for the service that he received on April 23, 2004. L too, very much appreciate the good work you consistently do and professional service rendered to our citizens and community. It is through such efforts and dedication that Sebastian Police Department has earned and maintains its good reputation with the City we serve. Congratulations on a job well done and keep up the good work! Sincerely, JAD:dlc Attachment cc: Officer Poore I-Iuman Resources Personnel File Sebast/an Police Department 12Oi Ma/n Street Sebastian, l~or/da, S29,~ 772~ F~ ~8 1~ ~ spd~d~S~.org ]~ Da~ ~ ~Po]i~ Apri/28, 2004 Mr. John Perrin 620 Bened/ctine Terrace Sebastian, FL 32958 Dear Mr. Perrin: Thank you for your recent letter expressing your appreciation for the assistance on April 23, 2004, from Officer Tom Poore. I am proud of the men and women who serve th/s agency and I am particularly pleased when a citizen notes their efforts. I will make sure that Officer Poore is made aware of your kind comments and a copy off your letter will be placed in his personnel ~e. I am glad we were able to help, and again, ! appreciate you taking the time to write. If we can be · of any assistance in the future, please do not hesitate to call Poi/ce JAD:dlc May 4, 2004 Sebastian Police Department 1201 Main SUmet Selmsti~a, E[oxid~, 32958 772-~9-52S3 Fax 772-388 1872 ~-matl spd~cltyo~ebastiax~ org Jame~ Davi~ Chief ~f Police Dear Officer Snell: Attached is a copy of a letter from Helen St~rling, in appreciation fqr the service she received at 749 Carnation Drive. I, too, very much appreciate the good work you consistently do and professional service ~cle~i to our dtizens and community. It is through such efforts and dedication fruit Sebastian Police Depmtatent has earned and maintains its good reputation with the City we serve. Congratulations on a job well done and keep up the good work! Sincerely, JAD:dlc Attachmoatt cc: Officer Snell Human Resources Personnel File Sebastian Police Depar~ent 1201 ~ Strut SePtic% Flo~da; 329~8 772-589-5233 Fax ~-~ 1~ ~ spd~b~org J~ Da~% ~ ~ Ponce May 4, 2004 Mrs. Helen Sterling 749 Carnation Drive Sebastian, FL 32958 Dear Mrs. Sterling: Thank you for your recent letter expressing your app~edation for the assistance you received from Office~ Richard Snell. I am proud of the men and women who serve this agency and I am pa~cularly pleased when a dtizen notes their efforts. I will make sure that Office~ Snell is made aware of your ldnd comments and a copy of your let~r wffl be placed in his personnel file. I am glad your contact had a positive outcome, and again, I appreciate you t~king the time to write. If we can be of any assistance in the f~ture, please do not hesitate to call. avis Police JAD:dlc Sebosfion epo fment :1201 ~in $~g~:t T~l~pHon¢ ~mb~ ~2) ~B9-~233 x 8525 Se~s~, FIo.ida 32958 ~ F~ ~mben ~72) 589-2207 May26, 2004 Indian River County Correctional Facility Attn: Warden Joe Buffer 7625 17~ Street SW Vero Beach, Florida 32968 :'~i ~;~o It is not often that we hear good news from our residems, or rec~ve co~ents of good pr~se, but that is exactly w~t I m enclosing for your r~iew. ~e letter is wfi~an by a dtizen of~e CiW of Seba~, co~ng ~e "outsmd~gjob" done on a cle~ up cfa ditch b~d h~ house. It is my turn to praise Correction Officer I.andy Suesz and his "crew" for all their help and teamwork in making this project a success, not only for Ms. Shepard, but also for the City of Sebastian as a whole. It is this type of cooperation and foresight shown by CO Suesz, and you, Warden Butler, that allows us to continue making Indian River County a great place to live and work. Thanldng you for your continued cooperation in these endeavors, I remain, Ve.!y truly yours, , Antoine VanMeir, Code Enforcement Officer Chief Jim Davis Lt. Greg Witt City Manager Terrance Moore Corrections Officer Landy Suesz Sebastian Police Department 1201 ~ Street ~.b~s ~a~ t~lorida, ~2958 772-589-S233 l~ax 772-388 1872 e-marl sp d~ityo/sebasti~ruozg Jame* Davis, Chi~ of Police May 21, 2004 M. rs. Joanne Sbepaxd 321 Pine Street Sebastian, FL 32958 Dear Mrs. Shepard Thank you for your recent leitor expressing your appreciation for the assistance you received from Code Enforcement Officer Antoine VanMeir. I am proud of the men and women who serve this agency and I am particularly pleased when a citizen notes their efforts. I will make sure flint Antoine VanMeir a~e made aware of your kind comments and a copy of your letl~r will be placed in his personnel ~e. I am glad we were able to .help, and again, I appreciate you taking the time to write. If we can be of any assistance in the future, please do not hesitate to Call JAD:dlc Sebast/an Police Deparl:ment 1201 Main Slrreet Sebastian, Florida~ 32958 772-589-52~3 Fax 772-388 1872 e-mail spd~cityofsebastian.or g James Davi~, Chie~ of police May 21, 2004 Dear Code Enforcement Officer VanMeir: Attached is a copy of a letter from Mrs. Joanne Shepard, in appreciation for the service that she received with a code enforcement problem. I appreciate your attention to details and doing the extras for our citizens. It is through such efforts and dedication that Sebastian Police Depat h,ient has earned and main~alns its good reputation with the City we serve. Congratulations on a job well done and keep up the good work! Sincerely, A. ef of Police JAD:dlc Attachment cc: Antoine VanMeir Human Resources Personnel File Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 ,561-5~9-5233 Pax 561-~88 1872 e-mail slo dl/~:ityoisebastim~org Jam~ Davis, Chie/t~ Police May 19, 2004 Dear Officer Graves: Attached is a copy of a letter from The Sebastian Senior Centar, in appredation for the presentation you made. L too, very much appreciate the good work you consistently do and prdessional service rendered to our citizens and conununity. It is through such efforts and dedication that Sebastian Police Department has earned and maintains its good reputation with the City we serve. Congratulations on a job well done and keep up the good work! JAD:dlc Attachment cc: Officer Graves Human Resources Personnel File Sebastian Police Departnient 1201 ~ Stl~t Sebastian, t~orlda, 52958 561-~89-5233 Fax ~61-388 1872 e-marl slxl~citjrc~bastiaruo~g Jame~ Davi~, Chi~ of Police May 19, 2004 Sebastian Day Care 815 Davis Street Sebastiar~ FL 32958 Dear Muriel: This is to acknowledge receipt of your letter and to thank you for commending Officer Graves for his presentation at Sebas~an Senior Center. I cei-hdnly appreciate your thoughthflness in taking the time to give Officer Graves ttxis special recognition. It is always a pleasm-e to receive ~ such as yours and to know our personnel are performing their duties in such a professional and caring manner. Again, thank you for your kind remarks. Your le[ber will be placed in his personnel file and I will be certain he receives a cOpy. .,// Chief of Police JAD:dlc cc Officer Graves Pea, sonnel Humm~ Resources