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HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, DECEMBER 8, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS t225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK ~ f225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items iremediateiy before deliberation of the i~m by the City Council - limit of five minutes per speaker (R-04-26) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BARCZYK 3. INVOCATION BY FATHER MORRISEY, ST. SEBASTIAN CATHOLIC CHURCH 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Iteres not on the twflten agenda reay be added only upon a unanimous vote of C, Ey Council merebers (R-04-26) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.229 A. 1 Welcome by Mayor McCollum to First City Council Meeting in New City Hall on 80~ Annivemary of Odginal Organization of Town of Sebastian - December 8, 1924 (info) 04.230 B. Presentation of Plaque to Sebastian River Art Club for Restoration of Painting =Native Amedcan~ Originally Dedicated in 1974 by Meta Chesser to the City of Sebastian in Honor of Her Father Captain Robert Hardee (no backup) 04.231 C. Presentation of Plaque to Betty Blake for Naming "Fdendship Park" (no backup) 04.232 D, Presentation of US Postal Service Banner - Pelican Island 100t" Anniversary Stamp (no backup) 04.233 E. Proclamation Calling the March 8, 2005 General Election (no backup) 04.234 F. Presentation of Master Municipal Clerk Certification Plaque and Pin to City Clerk, Sally Maio (Letter from IIMC President) 04.235 G. Recognition of Growth Management Director, Tracy Hass for Attaining 'American 5-6 Institute of Certified Planner' Certification (AICP Info) 04.236 04.237 04.238 ~15 04.233 1~19 04.239 21-57 04.240 59-83 04.241 8~97 Presentation by Representatives from Gabor insurance Services, Inc. Partnership Regarding Positioning Old Train Depot at Former Florida East Coast Railroad Property - Main Street and Louisiana Avenue Vicinity(no backup) Presentation by Representatives from the indian River County Art in Public Places Program - Partnership Possibilities in Sebastian (no backup) Presentation by Dr. Roger Baker, Executive Director, Association for Retarded Citizens of indian River County - Follow Up Discussion and Direction Regarding Office Space Assistance in Sebastian (no backup) CONSENT AGENDA Ail items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a mereber of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 11/17/04 Resolution No. R-04-53 - 2005 Municipal Election (City Clerk Transmittal 11/22/04, Proclamation, R-04-53) A RESOLUTION OF TFIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 8, 2005; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-04-54 Accepting Florida Department of Transportation Joint Participation Agreement for the Construction of New North West Access Road and Work Authorization #18 from the LPA Group, Inc. (Airport Transmittal 11/29/04, R-04-54, Agreement, Proposal) A RESOLUTION OF THE CITY OF SEBASTING, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT NORTH WEST ACCESS ROAD (CORPORATE PARK DRIVE); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-04-55 Accepting Florida Department of Transportation Joint Participation Agreement for the Construction of Fuel Tanks and a Wash Rack (Airport Transmittal 11/29./04, R-04-55, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT AN AVIATION FUEL FARM; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-04-56 - Authorizing the City Manager to Accept and Execute a Grant Agreement with the United States of America to Provide $338,000 Funding for Hurricane Damage Repairs and Appropriate Same (Airport Transmittal 11/29/04, R-04-56, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION GRANT TO REPAIR MAINTENANCE HANGAR, FENCING AND GATES, AND RUNWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 2 04.242 99-102 04.047 103-105 04.211 107-108 04.243 109-111 = 04.244 113-114 9. 10. 11. 04.220 115-117 Resolution No. R-04-57 - Financial Incentives for Disaster Recovery (City Manager Transmittal 12/1/04, R-04-57, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ENCOURAGING THE STATE OF FLORIDA TO DEVOTE CERTAIN PROCEEDS TO ESTABLISH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CLIENTS TO VOLUTARILY USE CERTAIN CONTRACTION TECHNIQUEST AND MATERIALS DURING RECONSTRUCTION FOLLOWING NATURAL DISASTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS WITH PRIOR RESOLUTIONS. Approve Change Order #2 to Community Asphalt Corporation Contract Entitled "Rehabilitation of Runway 9-27 and Construct Full-Length Parallel Taxiway" in the Amount of $19,767.63 (Airport Transmittal 11/29/04, Change Order Request) Approve Changer Order #1 to EImo Greer and Sons for Paving of Main Street in the Amount of $27,466.48 (Engineering Transmittal 11/23/04, Changer Order) Waive Competitive Bidding Process and Purchase Four Chain Link Backstops from Collegiate Pacific in the Amount of $8,780.00 for Barber Street Sports Complex (11/29/04, Quote) COMMITTEE REPORTS/RECOMMENDATIONS A. Annual Report from Code Enforcement Board Chairman, Ron VanBuskirk (Letter) PUBLIC HEARING INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of five minutes for each speaker OLD BUSINESS First Reading Ordinance No. O-04-20 Design Standards Wind Speed (City Attorney Transmittal 12/1/04, 0-04-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 04.247 119 14. A. Road Maintenance Agreement (CA Transmittal 12/2/04) CITY MANAGER MATTERS 3 15. CITY CLERK MATTERS 04.060 Recognize AudioNisual "Team" - Craig Jerome-IRC School Board, Ben Ensell- Complete Electric, Bob Barbour-Barbour Multimedia, Frank Losardo and Barbara Brooke -City of Sebastian MIS, and Dan Christy-Melody Music (no backup) t6. CITY COUNCIL MATTERS 04.245 04.246 B. D. C. D. Ms. Monier Mr. Barczyk Mayor McCollum Mr. Heptinstall Mr. Coniglio i. Code Enforcement Matters (no backup) ii. Letter of Commendation (no backup) 17. ADJ OU RN (All rneetir;g$ shall adjourn at 10.'30 p.m. unless extended for up to one haft hour by a majority vote of City Council) If any person decides to appeal a decision with any respect to any matter considered at the above hearing 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. 2 86. 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 afl Government Meetings. Upcoming Meetings: Regular City Council - January 12, 2005 - 7:00 pm Regular City Council - January 26, 2005- 7:00 pm Re~lular City Council - Pebruary 9, 2005- 7:00 pm Regular City Council - February 23, 2005 - 7:00 pm At this time of dedication of the new City Hall, it seems appropriate to honor our beginnings and reflect on the progress the City has seen in eighty years. On December 8, 1924, eighty years ago on this very date, at 7:30 p.m., a meeting was held at town hall in the Town of Sebastian, at that time a part of St. Lucie County, for the purpose of organizing a municipal government. There were a total of one hundred five registered voters within the proposed corporate boundaries as certified by Ada L. Type, Supervisor of Registrations for St. Lucie County. In attendance at that meeting were eighty-two of the certified registered voters. It was moved and seconded by a vote of more than a majority of those present that a municipal government should be organized, that the municipal corporation should be known as the "Town of Sebastian", and that a corporate seal should be prepared as a round seal with the word "Seal" in the center and the words "Town of Sebastian" surrounding the seal, and that the Town Council of the Town of Sebastian should consist of five alderman. Nominations were then made for the offices of mayor, five alderman, a clerk and a marshall, and a secret ballot was conducted. Our first officers were as follows: Mayor Aldermen Clerk Marshall - T.B. Hicks - M.M. Miller - A.G. Roberts - C.L. Beugnot - Charles W. Sembler - H.M. Sallee - L.O. Baughman - G.F. Vickers In 1925, the "Town of Sebastian" was reincorporated as the "City of Sebastian" and the seal was changed to reflect this. We thank those individuals for their foresight and hope to honor their memories in our duty as representatives of the City of Sebastian. Oq. 2Z9 November 30, 2004 Honorable Nathan B. McCollum Mayor City of Sebastian 1225 Main St. Sebastian, FL 32958-0127 Dear Mayor McCollum: Sally A. Maio, MMC, City Clerk of City of Sebastian, Florida, has earned designation as a Master Municipal Clerk (MMC). This, the highest recognition given by the International Institute of Municipal Clerks, Inc., signifies completion of the third level of the IIMC Master Municipal Clark Academy and recognizes Sally's exemplary performance as a municipal clerk atthe local, state, national and global levels. The Master Municipal Clerk Academy was established to extend the professional development of municipal clerks in areas of public service now possible and increasingly expected in the public and private sectors. Graduates must demonstrate that their knowledge, abilities and professional accomplishments enable them to be proactive in problem solving, planning, communicating, facilitating, and otherwise, to work effectively as a vital member of the local management team. Sally has made a personal commitment to life-long learning and mentoring; has completed numerous academy and university-based programs, advanced seminars and workshops; has demonstrated proficiency in teaching and writing in the profession, and for facilitating meetings and achieving consensus; and is honored and recognized by her peers for extraordina~ service to the profession. In receiving the MMC designation Sally joins an elite group of Municipal Clerks in the State of Florida and only 343 active clerks throughout the world who have achieved this level, On behalf of the Board of Directors and the 10,300 members of IIMC, I am pleased to commend b3 you the achievements of Sally A. Maio, MMC. We share your pride in her accomplishments and in the important role she plays in enhancing the democratic process in your city. Sincerely, Elizabeth H. Kiss, MMC President, IIMC K/t Master Municipal Clerks by State/Province/Country Alabama 6 Alaska 2 Arizona 6 Arkansas 6 California 31 Colorado 12 Connecticut 2 Delaware 1 Florida 22 Idaho 1 Indiana 1 Iowa 16 Kansas 10 Kentucky 4 Louisiana 27 Maryland 4 Massachusetts 4 Michigan 13 Minnesota 1 Missouri 9 Montana 2 Nebraska 21 Nevada 1 New Hampshire New Jersey 9 New Mexico 2 New York 3 North Caroiina 22 Ohio 12 Oklahoma 2 Oregon 5 Pennsylvania 2 South Carolina 2 Tennessee 2 Texas 7 Utah 9 Vi~inia 14 Washingtor~ 10 Wisconsin 16 UNITED STATES: 337 Alberta Ontario CANADA: GRAND TOTAL: Friday, October 29, 2004 3O AICP Page 1 of 2 American Institute of Certified Planners Print Now 5 AICP is the American Planning Association's professional institute, providing recognized leadership nationwide in the certification of professional planners, ethics, professional development, planning education, and the standards of planning practice. Certified planners use their skills to find solutions to community problems in ways that will carry the community toward its desired long-term goals. Practicing Planner Certification AICP's online quarterly magazine provides a To become a certified planner entitled to use forum to discuss, analyze, critique, review, and the A[CP designation, APA members must research case studies and issues that affect meet certain education and experience professional planning practice. We encourage requirements and pass a written examination. you to submit articles for publications. For The exam is given twice a year, in Hay and peer-reviewed pieces, the deadlines for article November. submission are as follows: Frequently asked questions · November I for December 2004 Eligibility guidelines for taking the exam Read this quarter's featured article View the current issue contents Don't Let Your AZCP Membership Call for manuscripts Lapse If you let your ATCP membership lapse and do Ethics not pay your full dues for more than four Ethical planning isn't always easy. The following years (A[CP, APA, and chapter dues) you will AICP documents offer codes, rulings, and lose your A[CP credential and will need to procedures to help planners negotiate the retake the exam in order to be reinstated. tough ethical and moral dilemmas they can Don't let that happen. Be sure to keep your face. contact information with us current so that we A[CP Code of Ethics can always reach you. DRAFT AICP Code of Ethics Click here to update your member records Procedures Under the Code of Ethics Click here to review the A[CP reinstatement A[CP Advisory Rulings policy Continuing Professional Development The Fellows of AZCP All A[CP members are encouraged to maintain Election to Fellow in A[CP recognizes the their proficiency in planning through continuing achievements of individuals as model planners education and professional development. The who have made significant contributions to Continuing Professional Development Program planning and society. (CPDP) helps A[CP members keep track of their Read more about Fellows honors continuing education efforts. 2003 Fellows named by A[CP Learn more .... 2004 Planning Salary Survey Continuing Education Chapter Grants Based on nearly 10,000 responses, the Program APA/A]CP 2004 Planners Salary Survey is the AICP will award seven $1,000 continuing most comprehensive look at compensation education grants to chapters in 2005. These and benefits in the profession since 1995. http://www.planning.org/aicp/index.htm?proj ect=Print 12/2/2004 grants will assist chapters with the development and delivery of live continuing education programs. Click here for details A:ICP Commission Read biographies of the certified planners elected to represent fellow AICP members on the AICP Commission. Read more... AZCP Symposiums AICP sponsors regular symposiums on a variety of topics vital to practicing planners. Learn more... Outstanding Students The AZCP Outstanding Student Awards were created to recognize outstanding attainment in the study of planning by students being graduated from an accredited program during the academic year of the award. Lean more... Review a profile of planners' qualifications, experience, and work; see how compensation is affected by a variety of variables; and use the online Salary Calculator to estimate what others are earning. Members may access the entire survey; everyone may read the summary. Enter the survey AZCP Training Staying current is a challenge, but the American Tnstitute of Certified Planners provides you with options. AZCP Training provides high quality, intensive instruction on management, planning techniques, and contemporary policy issues. Let the training service help you with the Managers Planning Guide to [mpreving the Development Review System. Click here for the Professional Development Page AICP Eligibility Requirements Applicants must meet the following eligibility requirements before applying to take the examination: :/.. Be a current member of the American Planning Association (APA). 2. Be engaged in professional planning, either currently or in the past, as defined by AICP. 3. Have completed, at the time of application submission, one of the combinations of education and corresponding years of professional planning experience listed in the chart below: Total Number of Years of Professional Level of Education* Planning Experience Required Accredited graduate degree in planning** 2 Accredited bachelors degree in planning** 3 Non-accredited graduate degree in planning 3 Any other post-graduate, graduate, or 4 undergraduate degree*** No college degree 8 * The education may be obtained before, during, or after the experience. ** Accredited degrees have been determined by the Planrling Accreditation Board to meet standards approved by the American Institute of Certified Planners and the Association of Collegiate Schools of Planning or recognized by the Canadian Institute of Planners. AICP gives educational credit to applicants holding these degrees if the degree was received (l.) during the period the university has been accredited (or previously recognized), and (2) by the time that an application for member is filed. If you are unsure about the status of your planning degree, consult the Planning Accreditation Board's list via the link above or contact the AICP office. *** Non-accredited undergraduate planning degrees and degrees in related and ether disciplines (i.e. Geography, Architecture, History, Music, eto.) at undergraduate and post-graduate levels. ©Coovrioht 2004 American Plannina Association All Rioh~ Reserved HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER t7, 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 7:00 p.m. The Pledge of Allegiance was led by Councilmember Monier. 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 Male Deputy City Clerk, Jeanette Williams Stormwater Engineer, Ken Jones Public Works Director, Terry Hill Human Resources Director, Jim Sexton Police Lieutenant, Greg Witt Golf Course Director, Greg Gardner MIS Assistant, Barbara Brooke Regular City Council Meeting November 17, 2004 Page Two 04.219 04.002 04.002 04.002 04.220 04.220 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-04-26) Mayor McCollum requested addition of a report by Planning and Zoning Commission Chairman Richard Smith under Committee reports. The City Clerk requested addition of Resolution No. R-04-52 - non-binding referendum results as item M of the consent agenda (backup was provided prior to this meeting - see attached). On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk the two requested items were added to the agenda by a voice vote of 5-0. PROCLAMATIONST ANNOUNCEMENTS AND/OR PRESENTATIONS A. National Hospice Month Proclamation by Visitin,q Nurses Association Mayor McCollum presented the proclamation to Sharon Boone, President of the Local Chapter, who gave a brief presentation on the activities of VNA. Certificate of Appreciation to James Schmitz for Construction Board Service Certificate of Appreciation to Louis Nicolini for Construction Board Service Certificate of Appreciation to Elwin Davis for Construction Board Service Mayor McCollum presented the certificates to James Schmitz and EIwin Davis. Mr. Nicolini was not present. Presentation by Chief Building Official Wayne Eseltine - Progress of Building Repair Fee Waiver Program The Building Official provided an update on the fee waiver program in effect until November 24, 2004 and discussion took place on the ability of a property owner to apply for a permit and later contract for repair. Presentation by Chief Building Official Wayne Eseltine - Clarification and Recommendations Reqardin,q Construction Wind Load Requirements in the City of Sebastian The City Manager distributed documentation and maps relative to windloads as provided by the Building Official. The Building Official reported on the City's established wind Icad requirements, giving a brief history of the process used to establish and certify wind Icad for specific regions in 2002. 2 Regular City Council Meeting November 17, 2004 Page Three He stated that local agencies were given the opportunity to adopt an ordinance to establish an appropriate windspeed for construction, however, the City of Sebastian did not do so at that time. It was the consensus of City Council to direct the City Attorney to come back with the appropriate ordinance to adopt 140 mph construction windload for the City of Sebastian with an effective date 60 days after adoption. b CONSENT AGENDA Allitems on the consent agenda ara considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately, A. Approval of Regular Meeting Minutes - 10/27/04 04.035 Resolution No. R-04-47 Adopting an Amended Fiscal Year 2003-2004 Budget (Finance Transmittal 11/5/04, R-04-47, Exhibit A, Memo, Reports, Schedules, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003 AND ENDING SEPTEMBER 30, 2004 AS PROVIDED FOR iN EXHIBIT "A'; PROVIDING FOR CONFLICTS; AND PROVIDINGING FOR AN EFFECTIVE DATE. 04.203 Resolution No. R-04-48 Authorizing City Manager to Execute DCA Disaster Relief Funding Agreement for Hurricane Frances and Approve Use of General Fund Emergency Reserve to Finance the 5% Match for Expenses Incurred as a result of Hurricane Frances (City Manager Transmittal 11/1/04, R-04-48, DCA Transmittal, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, ;INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE FRANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEYERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 04.203 Resolution No. R-04-49 Authorizing the City Manager to Execute DCA Disaster Relief Funding Agreement for Hurricane Jeanne and Approve Use of General Fund Emergency Reserve to Finance the 5% Match for Expenses Incurred as a Result of Hurricane Jeanne (City Manager Transmittal 11/1/04, R-04-49, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STAE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE JEANNE; PROVIDING FOR REPEAL OF RESOLU-FIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 Regular City Council Meeting November 17, 2004 Page Four O4.203 E. Resolution No. R-04-50 Authorizing the City Council to Petition the Governor of Florida for 100% Reimbursement of Disaster Related Expenses for Both Hurricanes, Frances and Jeanne (City Manager Transmittal 11/19/04, R-04-50) A RESOLUTION Of THE CITY Of SEBASTIAN REQUESTING ONE HUNDRED PERCENT (100%) FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JF__ANNE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.221 F. Resolution No. R-04-51 Authorizing City Manager to Apply for Funding from Restore Amedca Grant Program from the National Trust for Historic Preservation and Home and Garden Television (City Manager Transmittal 11/19/04, R~04-51, Info) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING FROM THE RESTORE AMERICAN GRANT PROGRAM FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION AND HOME AND GARDEN TELEVISION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.222 G. Waive Competitive Bidding Process and Authorize the Purchase of 21 - 15 Foot, our Row Aluminum Bleachers from Southern Park and Play Systems of Melbourne, Florida with Pdcing From St. Johns County, Flodda Term Bid#03-43 in the Amount of $18,492.00 (Public Works Transmittal 11/9/04, Quote) 04.200 H. Authorize the Emergency Purchase of Carpeting for Sebastian Municipal Golf Course Clubhouse Hallway and Restaurant from Discount Carpet & Tile, Inc. in the Amount of $10,336.70 and Authorize Temporary Loan from City of Sebastian Emergency Fund (Golf Course Transmittal 11/8/04, Quotes) 04.223 Authorize the Appropriation of $10,175 from City of Sebastian Cemetery Trust Fund Permanent Endowment Fund for Costs Associated with Repair and Reset Work of Monuments and Vases at City of Sebastian Cemetery due to Hurricane Jeanne and Frances Damage (Finance Transmittal 11/3/04) 04.060 J. Authorize Expenditures for Emergency Repair Services by Suffolk Construct. ion Co., Not to Exceed $130,346 and Appropriate $130,346 from City's Emergency Reserve Fund to Cover These Expenses Until Reimbursement is received from City's Insurance Carder or FEMA/State (GSA Transmittal 11t5/04, Damage Log) 04.224 K. Approve the Collective Bargaining Agreement Between the City of Sebastian and the Central Florida Police Benevolent Association, Inc. Effective October 1, 2004 through September 30, 2007 (HR Transmittal 11/9/04, Contract) 04.225 L. Authorize the Purchase of One Chevrolet Silverado One Ton Crew Cab Pickup with Four Doors at a Cost of $27,730.00 Piggybacked on the Flodda Shedff's Association Through Classic Chevrolet of Winter Park (Stormweter Transmittal 1115104, Quote) 4 Regular City Council Meeting November 17, 2004 Page Five New M. ADDED TO AGENDA Resolution No. R-04-52 - Non-Binding Referendum on Annexation - Official Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 2, 2004 SPECIAL ELECTION FOR A NON-BINDING REFERENDUM; PROVIDING FOR DECLARATION OF OFFICIAL RESULTS OF THE INDIAN RIVER COUNTY CANVASSING BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda items A-M were approved on a roll call vote of 5-0. COMMITFEE REPORTS/RECOMMENDATIONS A. Report by Planning and Zoninq Chairman Richard Smith Chairman Smith reported on the activities of Planning and Zoning, commended the commission members, staff and all involved in the process of reviewing land development applications; and expressed concern for the current backlog of applications. 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 five minutes for each speaker Andrea Coy, expressed disappointment regarding lack of response to her complaint to Code Enforcement and Building Department for work being performed in her neighborhood by someone who tumed out to be unlicensed, noting that although stopped the man was not cited. Adrina Davis discussed the pending police raises and said he would like to see the officers receive a 10% raise. It was noted the item was already approved under consent. Waiter Barnes said there was no reference to annexations being commercial or residential in the referendum question and suggested that all annexations be reviewed on their own merit; and discussed a contractor who found it took a very long time for out of town contractors to obtain a license in the City. Damien Gilliams, Sebastian, asked why the City of Sebastian did not require builder's risk insurance for the new City Hall policy. Mayor McColltum said he had researched the item thoroughly this week and found that the $130,000 the City had to come up with to cover damages under the risk policy deductible was ver~, responsible. He said the total cost to the City would be just over $6,600 after FEMA reimbursement. 5 Regular Cit7 Council Mee~ng November 17, 2004 Page Six Mr. Gilliams recommended naming the new park for veterans. Sal Neglia briefly inquired about items on the new city hall repair list. tl. OLD BUSINESS 04.226 A. Consideration of Namin.q New Municipal Park (City Mana.qer Transmittal 11/2/04, List} Mayor McCollum recommended that the park name commemorate the hurricanes that brought out the spirit and cooperation of the community. Mr. Coniglio suggested Friendship Park would best describe it and Mr. Heptinstall agreed. Ms, Monier suggested Sebastian City Place because of the feel of this area being the heart of the City where people will gather. On a roll call vote of 3-2, "Friendship Park" was chosen as the name of the new municipal complex park. t 2. NEW BUSINESS A. City Clerk Performance Evaluation (HR Transmittal 11/9/04) Each member of Council presented their evaluation of the City Clerk. On MOTION by Mr. Conigiio and SECOND by Mr. Hepfinstall, a five percent increase was approved for the City Clerk on a roll call vote of 5-0. Tape/, Side II, 8:01 pm '13. CITY' ATTORNEY MATTERS The City Attorney reported on the fact that the City is the only qualifying testing facility for contractor licensing in the area and is taking a financial loss; said he will work on an ordinance to remove the City as a testing facility; stated he would get back to work on the histodc preservation language in January, and concurred with Council's comments on the City Clerk. t4. CITY MANAGER MATTERS The City Manager stated an extension to June 2005 on the renovation of the old elementary school had been received and ~requested approval to =execute the extension agreement. It was the consensus of Council to send the grant amendment to Tallahassee. He reported that the Yacht Club ramp open is now to the public 15. CITY CLERK MATTERS None. Regular City Council Meeting November17,2004 Page Seven 16. 04.217 CITY COUNCIL MATTERS Mr. Coni.qlio i. Possibilities and Potential for Public-Private Partnerships in Indian River La,qoon Moorin,q Vicinity Mr. Coniglio distributed documentation regarding a mooring facility in Kittery Maine, and recommended the possibility of a public/private partnership for a City facility. Damien Gilliams said anything considered should be put out to bid, and that submerged land is owned by the State and leased by the City. It was suggested that a presentation be offered in January relative to various methods of establishing a mooring field. Other Matters Mr. Coniglio reported on the County Visioning meeting November 5, 2004 at the Richardson Center and distributed maps entitled "Indian River County 2030 Long Range Transportation Plan'. Mr. Coniglio suggested a partnership with the Clambake Festival Inc. and the City to look into bringing the GIoda Estefan concert to the area. The City Attorney said if the Clambake Board is interested he would be willing to do the iegwork on it. Mayor McCotlum said Vero Beach had a conference call on this issue today, that he was not sure of its outcome and would not want to be in competition with Veto Beach. He said if Veto decides not to do it, it might be something to look into. Mr. Coniglio asked about properties that seem to have extended into the lagoon as a result of the storm, the City Manager said he would look into it. B. Ms. Monier None. Mr. Barczyk i. Tdan,qle Moratorium or Qrdinance to Comply with Community Redevelopment District Mr. Barczyk requested a consensus of Council to include the new portion of the Community Redevelopment District in the Riverfront Overlay District ordinance. The City Attorney said there was prior discussion of a Triangle Overlay District, and at that Regular City Council Meeting November 17, 2004 Page Eight time he had requested input from each Council member as to what it would like to see in the district as to permitted and conditional uses. He said a moratorium can be imposed while the language is being worked on and that it would have to be done by ordinance. Mr. Barczyk requested a moratorium until the end of March. Bruce Moia, Mosby and Associates, said there are other methods to stop certain types of development without imposing moratoriums. Damien Gilliams cautioned that pdvate property owner rights be considered. The City Attorney said the approval of an oveday district will include Planning and Zoning hearings and then on to City Council for an approximate two month process. Ms. Monier said Council has made it clear that it has a vision and said each member of Council needs to get with the City Attorney to let him know what they seek in the overlay district, and the City Attorney said there are ways to deal with it without a moratorium while he is working on the language. 04.163 Mayor McCollum i. Direction Reqardin,q Future Residential Annexation Proposals and Requests to th~. City of Sebastian Mayor McCollum said the referendum proved a point that the majodty of people do not want annexation. He said there are people saying that he has a conflict of interest due to his employment with the county and he will deal with that at a later time. He said this measure was not intended to stop growth. Louise Kautenberg said she was concerned about development for which we have no control, and based on the very close vote, she saw it as a mandate to review each project on its merits or defects. Sal Neglia said a lot of people thought they were voting against annexation when they voted yes. Ead Masteller, 869 Robin Lane, Sebastian, disagreed with government by referendum, noting that Council should judge each issue on its medts. Damien Gilliams said it is important to take each issue on a case-by-case basis. Clive Beckwith said this is an excellent time to for Council to let the people know they were heard. Warren Dill suggested Council keep an open mind on annexation, be extremely selective, and said he believed that there are properties that should be annexed which 8 Regular City Council Meeting November 17, 2004 Page Nine provide a positive benefit to the City. He said he represented a property owner who started the annexation process prior to the hurricanes, would like to complete the project, and recommended the City look for positive cash flow; logical boundaries of the project; and be proud of what they annexed. Richard Smith stated the Planning and Zoning Commission carefully reviews requests however Council makes the final decision. Andrea Coy stated Council has an obligation to listen to the citizens. Bruce Moia asked Council to keep an open mind on upcoming projects. Lisa Hess said Council should look at the merits of each annexation. Tape II, Side 1, 9:03 pm Mayor McCollum said that most of tonight's speakers have a vested interest, that people are still moving to Sebastian and not for its gated communities, and that City taxpayers pay for the first five years of a new development and are not reimbursed. He then began a motion to direct staff not to accept residential annexation applications, however, the City Attorney advised that FS 171.044 provides a property owner the right to petition the governing body for annexation, the governing body then verifies the petition bears the signature of the owners of the property, then proceed with an ordinance. He confirmed that property owners have the right to ask and after property ownership is identified, Council can then take legislative action and direct staff. Ms. Monier said annexation is a very complicated issue and that she will make her decisions on the issues and the benef~ or lack of for the public, and it is a great disservice not to address any issue that is brought before Council. Mr. Barczyk asked if Council is going to allow the applications pending to continue because they would have been to Council if not for unforeseen circumstances. A motion was made by Mayor McCollum to allow staff to take residential annexation applications, determine property ownership and send them on to Council but it did not receive a second and died. Other Matters Mayor McCollum announced the dedication ceremony for the new city hall on December 8, 2004 and invited everyone to come out. E. Mr. Heptinstall None. '17. Mayor McCotlum adjourned the Regular Meeting at 9:17 p.m. 9 ISLAND' CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: March 8, 2005 General Election Matters AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: City Clerk 11/22/04 12/8/04 MEETING DATE: APPROVED FOR SUBMITTAL: City Manage _ ~'~'~ City Attorney~~ EXHIBITS: * Election Proclamation * R-04-53 Expenditure Required: Amount Budgeted: Appropriation Required: Not At This Time SUMMARY STATEMENT Provisions of the City Charter require specific actions of the Mayor and City Council in regard to the general election conducted each year in the City of Sebastian. Charter Section 4.05 requires the Mayor to call the election by proclamation. Charter Section 4.07 requires City Council to adopt a resolution stating where the election will be held, offices to be filled and questions to be decided. Section 4.07 also provides for the City Council to authorize the City Clerk to advertise the election in accordance with Florida Law. Florida Statutes 100.021 requires advertisement twice in the thirty-day period prior to qualifying. By Charter Section 4.02, the City's qualifying period runs from January 7, 2005 through January 21, 2005 (no ~nor~ ~h~n ~0 nqr less than 45 days prior to the election). The resolution also contains a provision authorizing the Supervisor of Elections to administer the election and approves payment for costs incurred. RECOMMENDATION "Move to adopt Resolution No. R-04-53. ~wp-forrn~transmtf . wpd RESOLUTION NO. R-04-53 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 8, 2005; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor has called, by proclamation, in accordance with Section 4.05 of the Charter of the City of Sebastian, a General Election to be held within the City of Sebastian, Indian River County, Florida on Tuesday, Mamh 8, 2005. WHEREAS, Section 4.07 of the Charter of the City of Sebastian, Florida, requires the City Council of the City of Sebastian to adopt a Resolution upon the calling of an election stating where the election shall take place, naming the offices to be filled and questions to be decided; and to cause notice of election to be published in accordance with Florida Law. WHEREAS, Section 2.03 of the Charter of the City of Sebastian, Florida, calls for the election of three (3) council members for two year terms on the second Tuesday in March of each odd-numbered year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. POLLING PLACES. The March 8, 2005 City of Sebastian General Election shall be held at the following polling places: *Precinct Location 103 Sebastian Community Center, 1805 N. Central Avenue, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 VFW Post 10210, 815 Louisiana Avenue, Sebastian 106 Sebastian Elementary School, 400 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 Sebastian Elementary School, 400 CR 512, Sebastian 201 Wabasso School, 8895 U.S. Highway 1, Wabasso 203 Calvary Baptist Chumh, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Chumh, 190 Day Drive, Sebastian *Precincts are subject to be changed by the Supervisor of Elections for Indian River County as a result of completed repairs from our recent hurricanes. Section 2. OFFICES. The three (3) Council member positions expiring in March 2005, shall be filled at said general election for two (2) year terms. Section 3. NOTICE. The City Clerk is hereby directed to cause notice of this election to be published in accordance with Florida Law. Section 4. DELEGATION. City Council hereby requests that the Indian River County Supervisor of Elections administer said election, and hereby delegates the conduct of such election to said officer and further authorizes payment to the Supervisor of Elections to reimburse the costs thereof. Section 5. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councitmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Joseph Barczyk Councilmember Raymond Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this 8thth day of December, 2004. CITY OF SEBASTIAN, FLORIDA A'I-I'EST: Sally A. Maio, MMC City Clerk Nathan B. McCollum, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney 2 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Resolution R-04-54 accepting Florida Department of Transportation Joint Participation Agreement for the construction of new North West Access Road (Corporate Park Drive) and Work Authorization #18 from The LPA Group, Inc. Agenda No. ~/~.. '~ 2~ Department: Airpo~ Department Head: Purchasing/Contracting: Finance Director: City Attorney: ~_ City Clerk: -Axpproved for S/g~m~ttal by: Date Submitted: 11/29/2004 T~h~Eencle M~ Magager ~~ For Agenda of: 12/08/2004 "~ibi~- Resolution R-04-54, FDOT Grant Agreement, Proposal from LPA EXPENDITURE AMOUNT BUDGETED: REQUIRED: $ 94,738 $ 625,000 APPROPRIATION REQUIRED: $ SUMMARY As part of the 2002 Sebastian Municipal Airport Master Plan, the closure of Rtmway 13- 31 offers the dual benefits of increasing community compatibility by reducing the number of flights over residential areas as well as opening up over 150 acres of property for development. Now that the runway is permanently closed, we have the opportunity to begin infrastructure work in that particular area. More specifically, we can now begin construction of an access road along with associated utility work such as waterlines, electricity, and drainage. The est'n'nated cost of such construction is $625,000. After much negotiation and coordination, Airport staff has successfully secured a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Office of Modal Development for that amount. As in the past, FDOT will provide 80% ($500,000) of the funding and the remaining funds ($125,000) will come from Airport revenues. In an effort to begin this project, staff is recommending approval of attached Work Authorization 18, entitled "Extend Corporate Park Drive Roadway and Waterline" for a total of $94,738. This is for complete design, bidding, permitting, and construction related services for 2300 feet of new roadway (to include curb and gutter), underground three-phase power, and waterlines of equal length. It is therefore staff's recommendation to approve Resolution R-04-54 accepting the grant agreement and authorize staff to execute Work Authorization 18 for The LPA Group, Inc. to provide professional services to include design, bidding, permitting, and construction for the construction of Corporate Park Drive and related utilities. Airport staff and representatives from The LPA Group, Inc. will be available during your December 8th, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Resolution R-04-54 to accept a grant agreement with the Florida Department of Transportation to provide funding to Construct Access Road and authorize staff to execute Work Authorization 18 for The LPA Group, Inc. to provide professional serv/ces to extend Corporate Park Drive and related utilities. RESOLUTION NO. R-04-54 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 CONSTRUCT NORTH WEST ACCESS ROAD (CORPORATE PARK DRIVE); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to construct a new North West Access Road (Corporate Park Drive); 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. 407706-1-94-01, entitled "Construct Access Road" 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 rotlows: 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 Attorney JEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF MOD AL DEVELOPMENT 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Phone: (954) 777-4490 Fa~: (954) 677-7892 JOSI~ABREU SECRETARY July 30, 2004 Mr. Jason Milewski Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Dear Mr. Milewski: Subject: FIN. PROJ. No.: County: Description: 407706-1-94-01 Indian River Construct Access Road Enclosed are six (6) copies of a Joint Participation Agreement (JPA) for the subject project. The total project amount is $625,000.00 with the State's funding share amounting to $500,000.00. 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 odginal 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 Distdct Director of Transportation Development. 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 Ziegler, District Modal Development Administrator Larry Merritt, Intermodal Transportation Manager File www.dot, state.fl.us OMD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT o~/o3 Financial Project No.: Fund: DS FLAIRApprop.: 088719 407706-1-94-01 Function: 637 FLAIR Obj.: 750004 (item-segment-phase-sequence} Org. Code: 55042010428 Contract No.: Federal No.: Vendor No.: VF 596000427008 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda, hereinafter referred to as the Department, and Cit7 of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida Statutes, to enter into this Agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: · 1.00 Purpose of Agreement: The purpose of this Agreement is Construct Access Road and as further described in Exhibit(s) A,B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions 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 $ 625,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 500.000.00 as detailed in Exhibit "B", or in an amount equal to the pementage(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 'i7.00 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 0 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. 725-030-06 PUBLIC TRANSPORTATION 08/O3 Pa~e 3of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment witl 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 wh!ch is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be 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 elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid fTom 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 Cimular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, iN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, 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 all 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) rifle 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 215.97, 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 intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd, Ft 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 paregreph 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 appreisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federel laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agr~ment, 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 wdting 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 broach 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 car~ out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to.the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the previsions of the Agreement. The termination or suspension shall be 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 materiel 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 all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 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 wi~ respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same.~ ~ 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, 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 part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national 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 previsions of the nondiscrimination clause. 13.20 Tire VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (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. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect, if any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with pdor approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subconb'acts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shell have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the 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. t4.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725~330-0S PUBLIC TRANSPORTATION 06/03 Pa~e 9of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at 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 Depadment, dudng 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 pedods exceeding 1 year, but any contract so made shall be executow 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 Exl~iration of Agreement: The Agency agrees to complete the project on or before 10/31/2005 . If the Agency does not complete the project within this time pedodl 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. 2'1.00 Restrictions on Lobbying: 2'1.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 2'1.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, pumhase order or contract specifies 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 period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment, invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of 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 discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Financial Project No. Contract No. Agreement Date 725-030-06 PUBLIC TRANSPORTATION 06/03 Page 12 of 12 407706-1-94-01 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 Terremce R. Moore SIGNATORY (PRINTED OR TYPED) SIGNATURE City Manager ATTEST: Sally A. Maio, MMC City Clerk See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION OEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Approved as to form & legality for the City of Sebastian: Rich Stringer, City Attorney Fin. Proj. No.: 407706-1-94-01 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: Construct Access Road 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 soume 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.: 407706-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $625,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 0.00% $o 20.00% $125,000 80.00% $500,000 $0 TOTAL PROJECT COST: $625,000 Fin. Proj. No: 407706-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full fome and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B, General Assurances The Agency hereby assures that: · 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the 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 dghts and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: it will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight attitudes) 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 aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 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, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which ara owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transpodation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It wil[ 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 JAClP Online information shall be kept current as the financial plan is updated. '10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use 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. t4. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate 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 title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative 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. 6. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JAClP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbqrsing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 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 ~ reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S, c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures, d. if federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but r~ot 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 pumhased 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: I. 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 atthe nstruction 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 obi[gate 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 THE LPA GROUP INCORPORATED Transportation Consultants 12000 RESEARCH PARKWAY, SUITE 152 · ORLANDO, FL 32826-3287 · 407-306-0200 · FAX 407.306-0460 Oc[ober 14, 2004 Mr. Jason M//ewsk~, C.M. Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Sebastian Municipal Airport - Extend Corporate Park Drive Roadway & Waterline Work Authorization No. 18 - Scope and Fee Proposal Transmittal Dear Mr. Milewski: Please fred the following scope and fee items for work to the subject contract/work authorization. It details a fee proposal for Engineering Design, Bidding, and Conslruction Admimstrafion services for the subj ecu project at the Airport. The scope of work under Work Authorizatinn Number Eighteen (18) titled 'EXTEND CORPORATE PARK DRIVE ROADWAY 2kND WATERLINE' at the Sabastian Municipal Airport. The project consists of the preparation of construction drawings and tectmical specifications, providing bidding services, and construction administration services in acc6rdanco with Exhibit C, Sect/on I of THE LPA GROUP INCORPORATED/City of Sebastian Phme Agreement for the construction of Corporate Park Drive and a Paragel Waterline, as shown in Attachment A. The project consists of a new 550' section of Corporate Park Drive, an ex/sting 950' portion of Runway 13-31 will be converted to a road~vay, and a new 900' north-south roadway (Access Road I) will be constructed to the general vicinity of the Velocity leasehold. We look forward to increasing the productive growth potential at the Airport. Please feel free to call me in the Orlando Office at 407-3064)200 if you have any questiom. Sincerely, Project Manl~er CC: Mohsen Mob~mmadi, Ph.D., P.E. (LPA) File (TA412017.1 c) Exhibit A (Scope) Exhibit B (Fee) Exhibit C (Schedule) Exhibit D (Site Maps) ATLANTA · BATON ROUGE · CHARLESTON · CHARLOTTE · CHICAGO · COLUMBIA · GREENSBORO · GULFPORT · KNOXVILLE MOBILE · MYRTLE BEACH · ORLANDO · RALEIGH · RICHMOND · SARASOTA · TALLAHASSEE · TAMPA · WEST PALM BEACH EXIqIBIT A SCOPE OF WORK SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN, FLORIDA EXTEND CORPORATE PARK DRIVE ROADWAY AND WATERLENE I, PROJECT DESCRIPTION The project consists of the preparation of construction drawings end techrdcal specifications, providing bidding services, and construction administration services m accordence with Exhibit C, Section I of THE LPA GROUP INCORPORATED/City of Sebastian Prime Agreement for the conslruction of Corporate Park Drive, a Parallel Waterline, end electrical ductbank as shown m Attachment A. The project consism of a new 550' section of Corporate Park Drive, mn existing 950' po~on of Runway 13-31 will be converted to a roadway, and a new 900' noI~rh-south roadway (Access Road l) will be constructed to the general vicinity of the Velocity, leasehold. Because of the uncertainty of future development, Phase 2 as shown in Exhibit D is not included in this work enthotization. Features of the roadway include: 4- Approximately 2,300' total length. 4- Two 12' lanes. 4- Curb and gutter, draining to an enclosed stormwater attenuation and quality treatment system. 4- Parallel Ductbank sufficient for 3-phase power (coordinate with FPL) A waterline will be constructed parallel to the roadway to serve the enticipated demands of the future industrial development of the are~ It is intended to connect the waterline to the stub created for Velocity, thereby creating a looped water system. The total length of waterline wilt be apprommately 2,400'. II. Pre-Design phase Services to be provided by LPA A. Field Survey (Subconsultant): Topographical survey mcluduig spot elevations on a 50' grid, end location of any above-ground features. B. Geotechnical Investigations (Subconsultent): borings end soil testing to support the design and construction of the paved areas. C. Meetings: LPA will attend a Pre-Application Meeting with SJRWMD and prepare and submit SJRWMD perrmt application. LPA will attend a pre-design meeting with Indian River County Utilities Department to determine their requirements for the project. ~ LPA GROUP [iqCORPOILATED 10/14/04 Page A-1 of A~ III. DESIGN PHASE SERVICES TO BE PRO1rlDED BY LPA LPA will provide the following basic sendcas for this project (see E,-~hibit B for man-hour and cost breakdown): Coordination with the City - LPA will conduct two meetings with the City of Sebamian to review the progress of the bidding documents. Technical Spedfications - LPA will prepare Technical Specifications for roadway and waterline constmctien. Drainage Design and Planmng - LPA will conduct a survey of the area bordered by the north property line, Runway 13~31, and the west property line, and develop a detailed drainage plan to convey water to phase one of a master treatment and attenuation system near the northwest portion of the Municipal Golf Course. It is intended that this will be designed "co accormuodate furore flow from the corporate park arem D. Construction Plans will consist of: ar Cover Sheet ar Project Layout Plans ar MOT and Safety Plans ar Paving, Grading, and Drainage Plans ar Pavement Marking Plans ar Waterline plans and details ar Misc. Details LPA will provide five (5) half-size sets of Plans, Specifications, and the Engineer's Report to the City and regulatory agencies for review at 60% and 100% completion. Bidding Documents - LPA will prepare the following Final Documents for the City. It is noted that the City of Sebastian will provide contract documents, bid forms, and other front-end type documents. ar 10 copies of Drawings (to be provided by LPA). ar 10 copies of Technical Specifications (to be provided by LPA). rv. BIDDING PHASE SERVICES LPA will perform general coordination and: Prepare for and attend the Pm-Bid Conference; Assist with the preparation of Addenda as necessary; Assist the City in operdng, tabulating, and evaluating bids; and recommending award. ,i~,~ TI-IZ LPA GROLrP ll"iC ORP ORATF-D 10/14/04 Page A-2 of A~3 V. CONSTRUCTION PHASE SERVICES A. LPA will provide Construction Administration services m accordance with the Master Agreement, and the tasks and line items d~lineated in Exhibit B. B. A 90 Calendar day construction period is assumed. For project duration that is greater than this time, additional services will be negotiated. VI. ADDITIONAL PROVISIONS The CONSULTANT will provide the following additional semces forths project: A. Field Survey: The CONSULTANT'S subconsultant will acquire topographic survey information. B. G-eo~echnical Investigations: The CONSULTANT'S subconsultant will acqmre adequate soil borings ~nd pavement cores along the proposed alignment of the roadway. LPA will provide technical specifications and special terms and conditions. Bid Documents and Con~ract Documents will be generated by the City of Sebastian. The City of Sebastian will reproduce and distribute the bid documents as necessary. D. The City will provide LPA access to the site and all available information pertinent to this project. VII. PERIOD OF SERVICES The attached schedule (Exhibit C) assumes a 7-day review time necessary by the City, and a 75 day permit approval process for both IRCO and SJRWMD. THE LPA GROUP INCORPORATED 10/t4/04 'PageA-3 ofA-3~ M I.INI,~iP^L Exhibit B SEBASTIAN MUNICIPAL AIRPORT EXTEND AIRPORT DRIVE NORTHWEST ROADWAY AND WATERLINE FEE SUMMARY BAS C SERV CES, TOTAL Preliminary Design $22,075 Final Design $35,075 Bidding Phase $4,800 Construction Adminstration Services $14,040 Subtotal Basic Services $ 75, EXPENSES Reproduction $1,500 Postage $75 Communications $85 Travel Design/Bid $540 Construction $1,148 Subconsultant Survey (Estimate) $11,000 Geotech (Estimate) $3,000 10% Fixed Fee on Subconsultant $1,400 Subtotal Expenses/'or Basic Services $18, 748 CONSTRUCTION INSPECTION SERVICES Construction Inspection Services 7oral Not To Exceed: $ ~ 5, 400 Total Lump Sum: $7gr338 TOTAL PROFESSIONAL FEES: $94,738 E LPA GROUP INCORPORATED 10/14/2004 Page B-1 of B- 5 Exhibit B SEBASTIAN MUNICIPAL AIRPORT EXTEND AIRPORT DRIVE NORTHWEST ROADWAY AND WATERLINE MANHOUR ESTINIATE Prstlminarv Deston Project Senior Technical Itam/TaskDescription Principal Manager Engineer Engineer Designer Technicia Assistant Total ,~oordinatJon with City (1 visiti 4 Prstiminar7 Geometric Design 2 12I 4 18 Preliminar~ Drainage Dest~qn S 24 32 Pretiminar~ Water System Design & ReDort 4 20 ~ 6 40 ,~oordinafion with FDOT 1 1 2 4 Coordination with FAA (Airspace Checklist) Site Visits (1) 4 3 7 =m.Application rreetin~l with SJRWMD 4 1 5 3re-Application meeting] with IRCC 6 1 7 3repare/Submit Preliminary Plans 0 Cover Sheet Project La)~out & Safet~ Plan 1 1 1 3 General Notes & Sumrnat~ of QuanEties '1 1 2 4 Ty~cel Sections and Paving Details 1 ~ 2 4 StekinE & Demolition Plans 1 3 2 6 Paving, Grading & Drainage Plans 3 2 2 7 Water Plans & ProFiles 10 10 20 Roadway ProFiles ~ 1 1 3 Drstna~te Details Water Details 1 6 7 Pavement Markin~l & Sodding Plan 1 1 2 4 Erosion Control Details 1 1 I 3 Preliminar}/ Cross Sections 2 3 1 6 Preliminary Construction Cost Estimate 1 ~ 1 '~ 2 6 Qualib/Control 4 2 ~ 1 8 Review Meetin~ wit~ C~y 4 4 Total: 4 20 23 77 62 21 13 220 Rate/Hour: $150.00 $1:30.00 $130.00 $110.00 $85.00 $65,00 $60.00 Total Labor: $600.00 $2,600.00 $2,990.00 $8,470.00 85,270.00 $1,365.00 $780.00 $22,07'$.0~ THE LPA GROUP INCORPORATED Exhibit B SEBASTIAN MUNICIPALAIRPORT REHABILITATE TAX1WAY A MANHOUR ESTIMATE Fina~ Desiqn Project Senior Technical Item~'askDescription Principal Manager Engineer Engineer Designer Technician Assistant Total Coordination w~th Cit~ G 4 · 2 12 Final Geometric Design 2 4 Final Drainage Design 2 32 Rnal Water System Design & Repo~ 4 '[2 12 Rna~ Rahs 0 Proj~t Layo~ & Sa~ Plan 3 6 2 G~I Notes & S~ma~ of Quant~es 2 3 2 7 Typi~l Se~o~ end PevinE Details 3 6 2 f 1 ~a~n~ & Demol~on Pla~ 3 ~ 4 f3 Pe~, Gredi~ & Drainage Plan 4 6 4 Roa~a~ Pmfil~ D~ine~e P~files 4 6 3 f3 Peve~ Ma~in~ & Soddln~ Plan 2 4 2 8 ~n~inee~s Repo~ 2 B 4 f2 ~e~ S~e Plans ~ 4 4 10 ~e~ Pe~ Application ~ 6 5 f5 Subm~ to IRCO~DEP for Review ~ 4 5 In~a~ IRCO~DEP Co~ ~ 4 5 3JR~D Pe~ Prepare Site Plans 2 4 4 10 Pr~re Pe~ ApplicaEon 4 5 Pre.re Site Plan R~iew Checklist 2 2 Sufl~ to SJR~D for Rew~ 1 4 5 I~o~o~te ~R~D Comm~ '1 4 5 Review Meetln~ ~h the Ci~ 4 4 Q~I~ Control 2 Total: 2 11 22 131 129 38 44 377 Rate/Hour: $150.00 $130.00 $130.00 $110.00 $85.00 $65.00 $60.00 TotalLabor: $300.00 $1,430.00 $2,860,0D $14,410.00 $10,965.00 $2,470,00 $2,640.00 $3~,075.~0 THE LPA GROUP INCORPORATED Exhibit B SEBASTIAN MUNICIPAL AIRPORT EXTEND AIRPORT DRIVE NORTHWEST ROADWAY AND WATERLINE MANHOUR ESTIMATE Biddinq Phase Project Senior Technical Item/Task Description Manager Engineer Engineer Designer Technician Assistant Total Advertise and Coordinate 4 4 Distribute Biddin~l Documents 2 2 3re-Bid Conference 4 4 8 Answers to Bidders/Issue Addenda ¢ 8 f2 Bid Opening 0 Review Bids for Responsiveness 2 2 4 8 Certified Bid Tabs/Award Contract 4 4 8 Contract Preparation 2 8 10 Total: 6 0 14 0 0 32 52 Rats/Hour: $150.00 $150.00 $130.00 $110.00 $85.00 $65.00 Total Labor: $900.00 $0.00 $1,820.00 $0.00 $0.00 $2,080.00 $4,,~00.00 THE LPA GROUP INCORPORATED I0/14/2004 Page B-4 of s- 5 Exhibit B SEBASTIAN MUNICIPAL AIRPORT EXTEND AIRPORT DRIVE NORTHWEST ROADWAY AND WATERLINE MANHOUR ESTIMATE Construction Adminstration Services Assuraed Number of weeks: 14 Project Senior Technical Item/i'ask Description Principal Manager Engineer Engineer Designer Technician Assistant Totals General Coordination with the City 2 2 General Coordination with the Contractor 8 Pre-Construction Conference 4 2 6 Si-Weekly meetings (7 meetings) 28 28 RevJev,' Shop Drawings/Submittals Review Fay Applications 1 1 2 Review Payrolls, DBE reports, EEO reports: Review Test Results 2 2 Monthly Site Visits (3 Visits) 14 14 Site Visits While Pavin,q (1 day) 8 Site Visits for IRCO Utilities (3 visits/ 18 18 Review and Respond to RFI's 2 4 6 Final Inspection/Punch List items 1 2 3 Review/Submit Record Drawin~ls 2 8 4 14 Review Contractor's Closeout Documents 2 3 5 Prepare DBE Reporting Form 1 3 4 Submittal of Final Report/Close Out 2 4 I 7 Total: 0 10 0 92 16 0 21 139 Rate/Hour. $150.00 $130.00 $130.00 $110.00 $85.00 $65.00 $60,00 Total Labor: $0.00 . $1,300.00 $0.00 $10,120.00 $1,360.00 $0.00 $1,260.00 $f4,040.~0 *Note: Site visits considered 4 hours each. .... t~Cxi ~'7' A MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Resolution R-04-55 accepting Florida Department of Transportation Joint Participation Agreement for the Construction of Fuel Tanks and a Wash Rack. e~y~d or .~t)tal by: ~erre~oo~ Agenda No. 0, ~, Z~ ~ Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Airport Date Submitted: 11/29/2004 For Agenda of: 12/08/2004 Exhibits: (2) - Resolution R-04-55, FDOT Grant Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 0 $ 200,000 REQUIRED: $ n/a SUMMARY As discussed during our annual budget presentation, airport staff is beginning to concentrate on the business side of our airport. Prior to this point, infrastructure was key to our success and now that arrangements are in place to address the most critical areas, we can now more clearly focus our attention to revenue generation. One of the key components of increasing revenues at both large and small airports is fuel sales. It's common knowledge within airport industry that "fuel is where the money's at!" Fuel sales are one of the most lucrative endeavors an airport can undertake. Now that our Administration Facility is under construction, we have an ideal location to install self~ serve fuel tanks and an aircraft wash rack. Both of these services are among the most requested by our tenants and other users of the airport. The anticipated cost of installing self-serve fuel tanks and constructing a wash rack is approximately $200,000. Though investing in such a venture alone can yield a fantastic retu_m, airport staff was able to secure 80% funding ($160,000) from the Florida ,,,~--~'N Department of Transportation (FDOT), Office of Modal Development. The remaining 20% ($40,000) will come from Discretionary Sales Tax as budgeted in the City of Sebastian FY2005 Budget. It is therefore staff's recommendation to approve Resolution R-04-55 accepting the grant agreement to Install Self-serve Fuel Tanks and Construct an Aircraft Wash Rack. Staff is still considering methods of design and construction, both of which will be brought before you sometime in the future. Airport staff will be available during your December 8th, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Resolution R-04-55 to accept a grant agreement with the Florida Department of Transportation to provide funding to Construct Self Serve Fuel Tanks and an Aircraft Wash Rack. RESOLUTION NO. R-04-55 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 CONSTRUCT AN AVIATION FUEL FARM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to construct a new Aviation Fuel Farm; 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. 412399-1-94-01, entitled "Construct Fuel Farm" 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 Attorney JEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF MODAL DEVELOPMEN~ 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Phone: (954) 777-4490 Fax: (954) 677-7892 JOSgABREU SECRETARY July 30, 2004 Mr. Jason Milewski Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Dear Mr. Miiewski: Subject: FIN. PROJ, No.: County: Description: 4t 2399-1-94-01 Indian River Construct Fuel Farm Enclosed are six (6) copies of a Joint Participation Agreement (JPA) for the subject project. The total project amount is $200,000.00 with the State's funding share amounting to $160,000.00. 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 by the District Director of Transportation Development. Should you have anyquestions regarding this Agreement, please call me at (954) 777-4499. Sincerely, Robert O Meade Special Projects Coordinator Office of Modal Development encl CC: Nancy Ziegler, District Modal Development Administrator Larry Merritt, Intermodal Transportation Manager File www.dot, state.fl.us PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Projec[ No.: I Fund: DS 412399-1-94-01 (item-segment-phase-sequence) Function: 637 Contract No.: Federal No.: Catalog of Federal Domestic Assistance Number: IFLAIRApprop.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000427008 Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this . day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of FIodda, hereinafter referred to as the Department, and Ci~ of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Constr~[ct Fuel Farm and as further described in Exhibit(s) A,B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: 'The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 200,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part h~reof. 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 $ 160.000.00 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 Depar[ment's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the epadment s d~screbon, 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 fi.om the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget er 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 Rel~orts: 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 an-ange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor ~Y 0ther 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 Ciroular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency, if the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid Eom non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq, Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. tn determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. 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 215.97, 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 reportabre conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Depadment to the extent of its interest in the lost equipment or facility. In the event this Agreement is for pumhase of land or for the construction of infrastructure such as airpor~ 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 Blvd, 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 properb7 acquired, submit; (1) the date the Agency acquired the real preperty, (2) a statement by the Agency certifying that the Agency has acquired said real preperty, and actual consideration paid for real preperLy. (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 Depa~ment'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: 8.2'1 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8,24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency pdor 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 unilataraily 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 1 '19, 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 all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 1'I.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 reserye~-~ unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the /' employment of the same. / ~ v~ ~ 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, 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 part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees ara 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 Right~ 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. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract 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 secudng of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the 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 equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnity, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and tdal, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all 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. 725-030-06 PUBLIC TRANSPORTATION 06103 Pa~e 10 of 12 17.00 Appropriation of Funds: 17.10 'me 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 fora period of mora than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 10/31/2006 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director 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 plurat. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, pumhese 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 period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of 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 constr~ction 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 discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Financial Project No. Contract No. Agreement Date 412399-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above wdtten. AGENCY FDOT City of Sebastian AGENCY NAME Terrence R. Moore SIGNATORY (PRINTED OR TYPED) SIGNATURE City Manager TITLE ATTEST: Sally A. Male, MMC City Clerk See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Approved as to form & legality for the City of Sebastiam: Rich Stringer Fin. Proj. No.: 412399-1-94-01 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 Ftorida, Department of Transportation and the City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Construct Fuel Farm 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.: 412399-1-'94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $200,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: in-Kind Cash Other Maximum Department Participation: Pdmar7 (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 0.00% $0 20.00% $40,000 80.00% $160,000 $0 TOTAL PROJECT COST: $200,000 Fin. Proj. No: 412399-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to 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 Re.rnoval & 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 aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 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 ali offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which ara 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 JAClP Online information shall be kept currant 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 raquired or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assuras that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to requira that the airport be operated for aeronautical 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 randers 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 Agraement 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 title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a racord 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 stud[es, 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 matedal prepared in connection with this Agreement. $. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's pdodty system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessar~ for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. federal funds are received for the land purchase, the Agency shall notify the Department U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. if federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agencywill 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. Construction Inspection & Approval: Provide and maintain competent technical supervision at the ',,,,...-~oe~struction 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 carded 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 ~ - J Page 6 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Resolution R-04-56 accepting a Hurricane Grant Agreement from the United States of America. Agenda No. O~, 2q' i; Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: Airport 11/29/2004 For Agenda of: 12/08/2004 Exhibits: (2) - Resolution R-04-56, FAA Grant Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 0 $ 0 REQUIRED: $338,000 SUMMARY Airport staff is pleased to announce that after much negotiation and coordination through the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT), Sebastian Municipal Airport has been awarded $338,000 to assist with the cost of repairs related to Hurricanes Frances and Jeanne. This funding, channeled through the FAA, was the result of a Congressional Appropriation to Florida airports damaged in the recent storms. By comply/ng with intense time constraints and numerous, evolving requests for detailed damage estimates and assistance by The LPA Group, Inc., we were able to secure these funds. Essentially, this covers 100% of all costs associated with hurricane damages and requires no match from us. Specifically, damages to our fencing, runways, and what would have been our airport maintenance facility are able to get repaired/reconstructed without any out-of-pocket cost to Sebastian Municipal Ah-port. Detailed expenditure requests will be brought before you in the future, as soon as we collect and finalize all supporting information relating to these repairs. Airport staff highly recommends approval of Resolution R-04-56 accepting a Hurricane Grant Agreement from the United States of America, though the Federal Aviation Adrninistration as well as the respective appropriat/on of those funds. Airport staff will be available during your December 8th, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Resolution R-04-56 authorizing the City Manager to accept and execute a grant agreement with the United States of America to provide $338,000 funding for hurricane damage repairs and appropriate same. RESOLUTION NO. R-04-56 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION GRANT TO REPAIR MAINTENANCE HANGAR, FENCING AND GATES, AND RUNWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the FAA has approved to provide funding to "repair maintenance hangar, repair and replace fencing and gates, repair and replace 400 linear foot of fence, repair runway;" 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 HURRICANE GRANT AGREEMENT, Project No. 12-0145-E1- 2005, entitled the "Project" 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 upon being put into a vote, the vote was as follows: and, 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 Attorney U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 November 10, 2004 Mr. Jason Milewski Airport Manager Sebastian Municipal Airport 1225 Main Street Sebastian, Florida 32958 Dear Mr. Milewski: RE: Sebastian Municipal Airport; Sebastian, Florida Hurricane Grant Number 12-0145-E1-2005 Grant Offer We are enclosing the original and two copies of a Grant Offer for Project No. 12-0145-E1-2005 for Sebastian Municipal Airport, in response to your Application for Federal Assistance dated October 22, 2004. Your acceptance of this Offer will constitute a Grant Agreement by which the government will participate in the allowable costs of the project amounting to $338,000 (Federal share). Once the authorized official has executed the Agreement and the official's signature has been notarized and sealed/stamped, the attorney for the City of Sebastian must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than December 15, 2004. To assist us in administrative reporting requirements you are requested to notify this office by faxing the signature page of the grant or by telephoning us immediately upon executing the grant. The original and one copy of the grant need to be returned to this office. The remaining copy is for your file. Please allow approximately 30 days after returninq final executed qrant to this office before attemptinq any drawdowns from the letter:of-credit account, Sincerely, W. Dean Stringer Manager 3 Enclosures cc: FDOT/4 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer: November 10, 2004 Project No. 12-0145-E1-2005 Sebastian Airport TO: City of Sebastian (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated October 22, 2004, for a grant of Federal funds for a project at or associated with the Sebastian Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: "Repair maintenance hangar, repair and replace fencing and gates, repair and replace 400 linear foot of fence, repair runway" all as more particularly described in the Project Application. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Public Law 107- 117, herein called "the Act", and in consideration of (a) the Sponsor's acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, . HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 100 per centum thereof. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $338,000. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the U hired States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. For the purposes of this grant, allowable costs will be reduced by any amount for which the Sponsor receives funds from another entity for the facility, including but not limited to, another Federal agency, insurance company, or state and local entities. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. In the event the Sponsor receives funds from another Federal agency, insurance company or ~-a.Lher entity for this project, it shall promptly notify the FAA. 5. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 6. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before December 15. 2004, or such subsequent date as may be prescribed in writing by the FAA. 8. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the' term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 9 The United States shall not be responsible or liable for damage to property or injury to personS which may arise from, or be incident to, compliance with this grant agreement. 10. It is hereby understood and agreed that: a. The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Rehabilitation Act of 1973 - 29 U,S.C. 794. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Order 11246 - Equal Employment Opportunity1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 Executive Order 12898 - Environmental Justice 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States, 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments, 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transpodation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. 1 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace(grants). 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts with State And Local Governments. OMB Cimular A-133 - Audits of States, Local Governments, and Non-Profit On:janizations b. The Sponsor assures that It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. c. The Sponsor agrees 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 grant agreement without the wdtten approval of the Secretary, 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 sponsor. This shall be done in a manner acceptable to the Secretary. d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. e. The Sponsor agrees it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. f. The Sponsor agrees it will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA ~/; nDae;~nr ,S(~rilnagnedro ,~,ir po rt s D ist rict ~)ffice Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of ,2 (SEAL) (Name of Sponsor) By (Sponsor's Designated Official Representative) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of__ Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,2__ By Signature of Sponsor's Attorney Title U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer: November 10, 2004 Project No. 12-0145-EI-2005 Sebastian Airport TO: City of Sebastian (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA') WHEREAS, the Sponsor has submitted to the FAA a Project Application dated October 22, 2004, for a grant of Federal funds for a project at or associated with the Sebastian Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: "Repair maintenance hangar, repair and replace fencing and gates, repair and replace 400 linear foot of fence, repair runway" all as more particularly described in the Project Application. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Public Law 107- 117, herein called "the Act", and in consideration of (a) the Sponsor's acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,. HEREBY OFFERS AND AGREES to pay, as the United States share of {he allowable costs incurred in accomplishing the Project, 100 per centum thereof. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $338,000. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. For the purposes of this grant, allowable costs will be reduced by any amount for which the Sponsor receives funds from another entity for the facility, including but not limited to, another Federal agency, insurance company, or state and local entities. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. · In the event the Sponsor receives funds from another Federal agency, insurance company or o{her'entity for this project, it shall promptly notify the FAA. 5. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 6. The FAA reserves the dght to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before December 15, 2004, or such subsequent date as may be proscribed in writing by the FAA. 8. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the' term "Federal funds" means funds however used or dispemed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secrotary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 9 The United States shall not be responsible or liable for damage to property or injury to persons which may arise Eom, or be incident to, compliance with this grant agroement. 10. It is hereby understood and agreed that: a. The Sponsor will comply with all applicable Federal laws, rogulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federol funds for this project including but not limited to the following: Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Order 11246 - Equal Employment Opportunity1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 Executive Order 12898 - Environmental Justice 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace(grants). 49 CFR Part 41 - Seismic safety of Federal and federolly assisted or regulated new building construction. OMB Circular A-87 - Cost Principles Applicable to Grants and Contracts with State And Local Governments. OMB Circular A-133 -Audits of States, Local Governments, and Non-Profit Organizations b. The Sponsor assures that It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. c. The Sponsor agrees 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 grant agreement without the written approval of the Secretary, 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 sponsor. This shall be done in a manner acceptable to the Secretary. d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. e. The Sponsor agrees it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. f. The Sponsor agrees it will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA W. Dean Stringer Manager, Orlando Airports District ~)ffice Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances~ statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of ,2.__ (SEAL) (Name of Sponsor) By (Sponsor's Designated Official Representative Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __ Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,2.__ By Signature of Sponsor's Attorney Title City of Sebastian 4225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-04-57 Financial Incentives for Disaster Recovery Agenda NO: Department Origin: City Manager City Clerk: City Attorney:/~ Date Submitted: 12/1/043 For Agenda of: 12/8/03 Exhibits: R-O4-57, Leffer Expenditure Required: Amount Budgeted: SUMMARY STATEMENT Appropriation Required: The Florida League of Cities requests support of this resolution instituting voluntary construction techniques and materials during the rebuilding after a disaster. RECOMMENDED ACTION Move to adopt Resolution No. R-04-57. R-04-57 A RESOLUTION OF THE C1TY OF SEBASTIAN, INDZAN RI~ER COUNTY, FLOR]DA ENCOURAGING THE STATE OF FLORZDA TO DEVOTE CERTAIN PROCEEDS TO ESTABITSH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES F~NANC/AL INCENTWES FOR CONTRACTORS AND THEIR CItENTS TO VOLUTAR]LY USE CERTAIN CONTRACT/ON TECHNIQUEST AND MATE~ALS DUR]NG RECONSTRUCTZON FOLLOWING NATURAL DISASTERS; PROVIDING AN EFFE(JIIVE DATE; PROVZDING FOR CONFLTCTS WTI'H PR]OR RESOLUT'~ONS. WHEREAS, natural disasters, especially hurricanes, wildfires, and floods, produce substantial social and economic losses each year in cities, towns and villages across the State of Florida; and WHEREAS, these disasters o~cen result in substantial damage and destruction and resulting reconstruction of homes and businesses in Ftodda's cities, towns and villages; and WHEREAS, there are proven construction techniques and materials that can minimize a home or building's vulnerability to these events and can thereby improve a city's ability to timely respond to these disasters; and WHEREAS, while these techniques and materials are not necessarily expensive, they can have an impact on the affordability of reconstruction following these events; and WHEREAS, research and studies have found that financial incendves can encourage contractors and their clients to voluntarily use these techniques and materials during reconstruction following these disasters; and WHEREAS, local building departments are in a position to help assure finandal incentives received by contractors and their clients are devoted to these construction ~echniques and materials dudng reconstruction. NOW, THEREFORE, BE I'T RESOLVED BY THE ~r i 1" OF SEBAbl 1AN: That the State of Flodda devotas a portion of federal and state proceeds resulting from Hurricanes Chadey, Frances, [van, and 3eanne to establish either a pilot program or a grant program administered by participating local building departments that provides finandal incentives for contractors and their dients ~o voluntarily use proven construction techniques and materials dudng reconstruction that minimize a home or building's vulnerability to natural disasters. That a copy of this resolution be forwarded to the Lieutenant Governor of the State of Florida, to the Secretary of Florida's Departreent of Community Affairs, to the Building Officials Association of Flodda, and to the Florida League of Cities, That this Resolution shall take effect immediately upon its passage and shall prevail over any previous resolutions to the extent of any conflict. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Mike Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of December, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan McColtum, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A, Maio, MMC - City Clerk (SEAL) Rich Stringer - City Attorney Memorandum FLORIDA LEAGUE OF CITIES INC. TO: Key Officials FROM: Michael Sittig, Executive Director DA'FE: November 23, 2004 RE: Sample Resolution Supporting Financial Incentives for Disaster Recovery The Florida League of Cities' Board of Directors adopted the attached resolution on November 18, 2004 regarding financial incentives for disaster recovery. The Institute for Business and Home Safety ([BHS) is a non-profit association whose membership are primarily insurers. The mission of IBHS is to reduce deaths, injuries, property damage, economic losses and human suffering caused by natural disasters. As a part of its mission, IBHS works to encourage the incorporation of the latest disaster-resisb~nt features into model building codes. Please share this resolution with your council or commission, and forward it to your staff responsible for building safety, hurricane or natural disaster recovery, and code enforcement. We believe this Institute will be a valuable resource in your disaster recovery preparation, training and use. The Institute for Business and Home Safety (IBHS) web site is www. IBHS.org. If you have any questions regarding this resolution, please contact Scott Dudley at the Florida League of Cities office at (800) 342-8112 or email at sdudley@flcities.com. Thank you for your assistance. 301 South Bronough Street ~Post Office Box 1757 · Tallahassee, FL 32302-1757 Telephone (850) 222-9684 4~ Suncem 278-5331 ~ Fax (850) 222-3806 Website:www.flcities.com MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Change Order Number 2 for Rehabilitate Runway 9-27. ~l~r~ved for S~ttal by: AgendaNo. Oq, Oq~ Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: Airport 11/29/2004: For Agenda of: 12/08/2004 Exhibits: (1) - Change Order Request EXPENDITURE AMOUNT BUDGETED: REQUIRED: $19,767.63 $ 48,610.49 SUMMARY APPROPRIATION REQUIRED: $0 Earlier this year, the City of Sebastian accepted a grant agreement from the Federal Aviation Administration (FAA) for rehabilitating Rm~way 9-27 and Constructing Parallel Taxiway "B" for $1,230,000. Due to the FAA's strict and compressed timeline for awarding grants, certain aspects of the project must be implemented prior to receiving all applicable permits from involved agencies. In this case, the required permit from the Saint John's River Water Management District (SJRWMD) was not issued until just before construction began, after the contract and grants were issued. Upon review of the SYRWMD Permit, it was discovered that they wanted us to change some of the dra'mage structures, which would result in a significant increase in cost. After a few months of negotiation and coordination between Airport Staff, The LPA Group, and representatives from SJRWMD, we were able to successfully agree to some value in the design, number, and types of structures. Though this did offer a engineering significant reduction in what would have been the cost (a savings of roughly $10,500),/ ~.'~ I the end result still demands an increase of $19,767.63 for the overall project. This change was anticipated from the beginning of the project, however it was our hope to reduce the cost as much as possible through design modifications and negotiations with SJRWMD. That is the cause for this being brought before you months after the contract award. Additionally, this expected cost was built into the project budget, so no appropriation is needed. Airport staff and representatives from The LPA Group, Inc. will be available during your December 8, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to authorize Change Order Number 2 to contract entitled "Rehabilitation of Runway 9-27 and Construct Full-length Parallel Taxiwav" between Community Asphalt Corporation and the City of Sebastian for $19,767.63. HO~ O~F DFA. ICAN ~ CITY OF SEBASTIAN CHANGE ORDER FORM CI4_6~GE ORDER #: 2 PURCHASE ORDER #: 4481 CONTRACTOR: Community Asphalt ADDRESS: 5100 29th Ct Veto Beach, FL 32967 PROJECT NAME: Construct Runway 9-27 PROJECT #: C3501 PHONE #: 772-770-3771 CONTRACT NAME: Taxiway CONTACT DATE: Rehabilitate Runway 9-27 and Construct Paral 05-25-04 By the signature affixed below, both the City and the Con~ractor agree to the changes as s~ipulated herein. Upon proper execution of this document, the Conlxactor is hereby notified to commence work. All changes stated below a~e hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: DESCRIPTION: Furnish and lnstall Drainage Structures. See ,4ttached. A) CONTRACT PRICE PRIOR TO THIS CHANGE $__1,091.923.22 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 19.767.63 NEW CONTK/xCT PR/CE INCLUDiNG TI'RS CHANGE ORDER $ 1.111.690.85 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 180 .days NET iNCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a days NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR AGREED: CONTRACTOR: CITY OF SEBASTIAN: Authorized Signature Date: __ Date: Authorized City Manager Aoorovals Bv City of Sebastian Staff: Airport Director Finance Director City Attorney General Services Admin. budget legal ATTEST: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance By the City of Sebastian Only: / Rich S~ringer,'Cit~Att~y CITY OF SEBASTIAN AG ~F_24DA TRANSMITTAL Subject: Change Order to Elmo Greer and Sons for the Main Street Paving ~City Mana~ger Agenda No. ~ Department Origin: Engineeri~, g Engineering: ~ .~d~C,.~_ Purchasing/Co~-tr acting: Finance Directorj, C~ty Attorney. City Clerk: Date Submitted: November 23,2004 For Agenda of: December 8, 2004 Exhibits: Change Order #1 EXPENDITURE REQUIllED: $27,466.48 AMOUNT BUDGETED: $200,000 APPROPRIATION REQUIRED: None SUMlVIARY The City Council authorized the paving of Main Street at the October 27, 2004 meeting. In our original estimate of this job, we allowed for 25% leveling course and then an overlay. Unfommately, once the contractor started the work 75% of the road required a level course prior to overlay. This brought the cost up considerably and therefore we are requesting a change order in the mount of $27,466.48. The original approval for Mare Street was $60,820 and with this change order the total paving cost for the Main Street project will be $88,286.48. RECOMMENDED ACTION Move to authorize change order #I to Elmo Greer and Sons for the paving of Maih Street in the mount of $27,466.48. CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #1 PROJECT NAME: Main Street Pavino PURCHASE ORDER # 4706 CONTRACTOR: Elmo Greer and Sons ADDRESS: PO Box 730 PROJECT #: N/A PHONE #: 778-7301 CONTRACT NAME: Annual Street Pavin~ London, Kentucky 40743 CONTRACT DATE: October 27, 2004 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Contractor was asked to pave Main Street as authorized by City Council. When underwa¥~ it wan determined that a level course was needed on 75% of the road rather than the estimated 25% thua requiring a change order in the amount of $27,466.48. Note: This Change Order #1 dated November IS, 2004 modifies the Main Street Paving Agreement A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 60.820.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 27.466.48 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 88~86.48 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 2 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 2 days NEW COMPLETION DATE INCLUDING THIS CHANGE 11 MO 19 DAY 04 YR ~ 4 days AGREED: CONTRACTOR: CITY OF SEBASTIAN: Date: Authorized Signature Finance Director City Attorney General Services Admin. Approvals By City of Sebastian: City Engineer .c~~ ajs~oe:u~: ~r in g P ' ~ astolegal Date: Authorized City Manager ATTEST: Sally A. Malo, CMC, City Clerk CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Waive competitive bidding process Agenda No. 0/'~ 2~.~ to purchase four backstops that will replace . . ~../f ~/~;;~/~ ~ }~/ backstops damaged during hurricanes Department Ongln.~' Purch asin g/Cont ractinjg(, rgK~/ ed fo~.~ Finance Direct°r t '~J~'~~ '~rov ittal by: City Manager City Atto~.r~. ey: ,"~ I(.~ ~r~ city Clerk. ~ Date Submitted: November 29, 2004 'T~req~ Moore }For Agenda of.' December 8, 2004 Exhibits: Price Quote from Collegiate Pacific EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $8,780.00 None FEMA 90% 7,902.00 STATE 5% 439.00 CITY 5% 439.00 SUMMARY The four backstops at the Barber St. Sports Complex sustained considerable damaged during Hurricanes Frances and Jeanne. We need to replace these backstops as soon as possible because the Sebastian River Area Little League will start practicing in January and the season will start in February. Staffhas obtained three price quotes and Collegiate Pacific from Dallas, Texas submitted the low quote at $8,780. This total is for four Model # BSCL20HW Chain Link Backstops. FEMA will pay for 90% ($7,902), the State will pay 5% ($439) and the City will pay the other 5% ($439). City staffwilI remove the damaged backstops and install the new backstops. RECOMMENDED ACTION Move to waive the competitive bidding process and purchase four Chain Link Backstops Model # BSCL20HW from Collegiate Pacific for $ 8,780.00 E.,TEKED~Y: KAB $latus ~ N Collegiate Pacific 13950 Senla¢ #100 Dalla% TX 75234 1-888-$66-g966 SOLD 'FO: City of Sebastian 1225 blain St Sakasdan, FL 32958 CONF!RMTO: OUOTE 865 316 5;~77 ORDER NUMBER: 0217943 ORDEA D~TE: 11/23/2D04 CA'r.%d )O: T2 CUSTO~';E ;. ? ~O: 10-0052992 KEYCODE: BID OI~DER T'/PE; Bid SHIP TO: CJ~' of Se~fian confwm delive~ address wi~ purchase order S,bastion, FL 32958 Page CUS FOb,'IER P.O. SHIP VIA F.O.B. UPS ITEM NUMBER UNIT BSCL20ltW EACH Chain Link Backstop XS089-0020 EACH Angte Po~, Back Stop XSDg0-0021 EACH Srl'aigh~ Post, Back Stop ZB 8CL20Hg, q-I EACH BSCL20[t W Backstop Hardware ZFENEX I 0 EACH 5 x i0 × 9 Ga Ferlce Panel ZFENI.,FAN EACH [eft Hood Panel ZFENRTAN EA CH Right ~,-lood Panel Net 30 ORDERED SHAPED BACK ORDER 4.00 0.00 0.0O Pick Location 12.00 0.00 0,00 Pick Locatic, n RACK-6-FLO 8.0~ 0.00 0,00 Pick Location RACK-6-FLO 4.00 9.00 0.00 Pick Location 04-08-A i 40'.00 0,00 0.00 Pick ix)cation 4,00 0.00 0.00 Pick Location 4.00 0.00 0.00 Pick Locmion ~R/CE 2,095.00 1~ OIqPONENT COMPONENT (20h'IPONENT COMPONENT COMPONENT C()~ONENT AMOUNT 8,380.00 Net Order: Freight: Sales ]'ax: 3cdev Total: 8,3g0 ~0 0.00 400.00 000 8,780.00 Item Detail Page 1 of 1 Item: BSCL20 HW Description: CHAINLINK WINGED BKSTOPS-20'HX20'DX20'W HOOD/WING Composed of 20'x20' center sect[on, ].0'xl0' side sections, 20'x5' hood and side angle panels. All backstops are assembled from · factory prefabricated panes with 45° angle side wings bolted to 2 3/8" OD pipe frames. Tough backstops resist vandalism, and priced substantially less than parts plus installation cost of most standard models. The panels can be replaced or rescreened individually, making total rescreening unnecessary. HOME OF PELICAN ISLAND CODE ENFORCEMENT BOARD 1201 IVlain Street, Sebastian, FL 32958 (772) 589-5233 EXT 8525 · Fax (772) 388-3786 December 8, 2004 Mayor Nathan B. McCollum and Board of Councilmen City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor McCollum and Councilmen, I am pleased to present for your review, the annual report on the activity of the Code Enforcement Board that covers the time period October 15, 2003 through September 15, 2004. For fiscal year, October 1, 2003 to September 30, 2004, there were a total of 5,270 code enforcement calls logged in. The Code Enforcement Board heard 18 cases in that fiscal year, broken down as follows: No. of Cases Ordinance Description Decision 2 66-3 .(12) 2 66-3.(1 I) 4 66-3.(I)(3)(5)(6) 1 86-47 1 54-2-7.20 4 39-39 2 39-38(b) 2 39-38(a) Abandoned or Junk Vehicle(s) Overgrown grass and weeds Debris, litter, junk, home repairs Unlawful deposits of junk No building numbers displayed Excessive false alarms Non-permitted alarms Excessive false alarms found in violation with no fine found in violation with no fine 3-found in violation- no fines 1- found in violation - fmcs accrued case dismissed found in violation w/no frees 2- circumstance were removed and fines waived 1 found in violation with reduced fine 1 found in violation and fined found in violation w/fmcs found in violation w/fines There was one lien filed with Indian River County and one request for a rehearing that was denied for lack of new evidence. Code Enforcement Board- Annual Report December 8, 2004 Page 2 of 2 The Code Enforcement Board has discussed the following items at length and present their findings to you with the hope that these changes, additions, or deletions will be forthcoming in the very, near futme: 1. We would like to stress the necessity of an ordinance holding vacant landowners responsible to maintain their property. As of this date, only owners of developed land must keep their property up to code. We have seen, through the storms that have h/t our area, many trees and other items that came from vacant properties causing extensive damage to property, both public and private. 2. There is a contradiction in the alarms ordinance, as we understand it, which needs to be addressed by the Council. ARTICLE II, ALARM SYSTEMS Section 39-30. Permit duration and renewal reads, ". .... Failure to renew will be classified as use of a non-permitted alarm system, and citations and penalties shall be assessed, and, if notice of renewal was sent, there shall be no waiver of said penalty." However, Sec. 39-39(a). Appeals of determinations and fines reads "An alarm user may appeal the determination of a false alarm dispatch or assessment of a fine to the code enforcement board by filing a written request for hearing setting forth the reasons for the appeal within 10 calendar days after receipt of the fine ........ "The Code Enforcement Board is asking that you consider a revision of this ordinance with clarification. 3. We would also like to reinforce the issue of creating a full time position in the Code Enforcement Office, and to hire an officer to that position as quickly as possible. The consensus of the Code Enforcement Office is to continue to be pre-active in their approach, however; the continued expansion of the City has necessitated a more reactive approach to their positions. A proactive method of code enforcement reflects a positive image of the City of Sebastian on residents, business owners, and visitors. The code enforcement office as well as the Code Enforcement Board would like to see this proactive technique of management continue. We thank you for your time to review this annual report.. Sincerely, Ronald VanBuskirlt, Chairman City of Sebastian Code Enforcement Board cc: Chief Jim Davis Lt. Gregg Witt City Manager Terrance Moore City Attorney Rich Stringer City Clerk Sally Ma Jo Dep. City Clerk Jeanette Williams CEO Warren Lindquist CEO Antoine VamMeir City of Sebastian, Florida OFFiCe-- OF TH~ CITY ~TTO~Y~ AGENDA TRANSMITTAL Agenda No. Subject: Design standards wind speed; Ordinance No. 0-04-20 Date Submitted: 12/1/04 For Agenda of: 12/8/04 SUMMARY: Pursuant to Council directive, the Code is being amended to adopt a 140 mph construction design wind speed to be consistent with the adjoining county standards. The Department of Community Affairs recommends a sixty-day notice period to allow builders to adjust plans, and this delayed applicability is being provided from the date of first reading. RECOMMENDED ACTION: Move to pass Ordinance 0-04-20 on first reading and set public hearing on January 12, 2005 for adoption. REVIEWED BY CITY CLERK: ~/~ f~ ~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGI~/~/bt. ~ ORDINANCE NO. 0-04-20 AN ORDENANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMEND/NG CITY CODE SECTION 26-31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WItEREAS, the City has enforced a design wind speed of 130 mph since enactment of the Florida Building Code; and WltEREAS, the portion of Indian River County adjoining the City utilizes a design speed of 140 mph; and WI~YEREAS, a heightened design speed will further protect the cit'~zens of the City and maintain consistency in the cotmty; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, as follows: Section 1. AMENDMENT. That section 26-31(a) of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 26-31. Technical codes adopted. (a) The city does hereby adopt as building codes for the city the below-listed editions, copies of which are on file in the office of the buildine de,,~d~qq~ department and the office of the city clerk and which shall be accessible to the public upon request during the normal business hours of the community development department and the city clerk. Such codes, which shall be referred to as the standard codes, are hereby made a part of the Code of Ordinances of the city subject only to specific additions, deletions or amendments set out in the Code of Ordinances. (1) Florida Building Code. (2) Florida Fire Prevention Code. (3) Standard Unsafe Building Abatement Code, Southern Building Code Congress, 1985 edition. For numoses of determinin~ comoliance with the Florida Buildine Code_ th~ City adoots a design strenmh wind soeed three second ~ust standard of 140 miles her hour. Section 2. APPLICABILITY. The wind speed standard set forth herein shall be applied to all construction for which building permit applications are submitted on or after February 7, 2005. Section 3. ,Section 4. CONFLICT. All code provisions in conflict herewith are repealed. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall be effective upon passage. 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 Mike Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of January, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida OFF, CH O* THE Crl f ATTO J H¥ AGENDA TRANSMITTAL Agenda No. ;/r) q, 2 L/7 Subject: ROAD MAINTENANCE AGREEMENT; Thunderbird Drive Date Submitted: 12/2/04/04 For Agenda of: 12/8/04 SUMMARY: Homeowners Aslanian and Violet Kaloust wish to construct a private residence on property located on Thunderbird Drive at Lot 16, Block 553, along the canal. Said lot fronts on an unpaved portion of the Thunderbird Drive past the last residence on the cul-de-sac. The City has a standing policy that building permits only be issued for property fronting a paved roadway. Unique circumstances exist due to the abandonment of surrounding platted lots during the creation of the adjoining by the St. John's River Water Management District. The burden to this prope~y was heightened when the adjoining property was built on a double lot without extending the road. Only a single parcel composed of two lots remains on the platted roadway, located down the right-of-way a distance and completely surrounded by the Stormwater Park land. Further, prior legal agreements between the City and the predecessor-in-interest to Homeowners may affect the rights and obligations of the parties in these matters. The City can fulfill the intent of existing policies while recognizing the factors affecting the property by entering an agreement to allow for private construction and maintenance of a paved access way over the public right-of-way, which is a common practice elsewhere. RECOMMENDED ACTION: Move to authorize execution of the Road Maintenance Agreement with Mr. & Mrs. Kaloust. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: