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HomeMy WebLinkAbout04122006 ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, A~RIL 12, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the regular meeting to order at 7:05 p.m. 2. Council Member Paternoster led the Pledge of Allegiance. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Police Lieutenant, Greg Witt MIS Systems AnalystlAV Tech, Melanie Astle 5. 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-05-26) The City Manager requested addition of an item, "Adoption of Resolution No. R-06-07 Joint Participation Agreement for Hurricane Wilma Damage Reimbursement" (see backup attached). On MOTION by Mr. Burkeen and SECOND by Mr. Neglia, the item was added to the agenda on a voice vote of 5-0. Regular City Council Meeting April 12, 2006 Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 06.057 1 06.071 06.030 3-5 7-17 06.072 19-20 06.073 21 06.074 23 A. Proclamation - Child Abuse Prevention Month - Hibiscus Children's Center Mayor McCollum read and presented the proclamation to Rob Hill of Hibiscus Children's Center. B. Elks Distinauished Citizenship Award to City Attorney Rich Strinaer Mayor McCollum, on behalf of the Elks, presented the City Attorney with the Distinguished Citizenship Award. Mr. Stringer said he loves the City of Sebastian and he tries to make it a better place. C. Sherry Hamlin - Keep Indian River Beautiful - 2006 Inaugural KIRB Sweeps Challenge Sherry Hamlin, KIRB, officially challenged the City Council to form teams and participate in the Countywide KIRB Sweep on Saturday, May 6 from 8 a.m. to 11 a.m. followed by lunch. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 3/20/06 Special Meeting B. Approval of Minutes - 3/22/06 Regular Meeting C. Authorize Registration and Travel for Council Member Coy to Attend Successful Citizen Advisory Boards and Committees Training, May 19, 2006 in Cape Canaveral (City Clerk Transmittal) D. Approve City Manager Travel to Annual FCCMA Conference 5/25-5/27 - Panama Beach (City Manager Transmittal) E. Authorize Ralph Simon to Close Darden Court at Empire Street from noon - 5 pm on May 27,2006 for Neighborhood Gathering (PD Transmittal) On MOTION by Mr. Neglia and SECOND by Mr. Burkeen items A-E were approved on a roll call vote of 5-0. 2 Regular City Council Meeting April 12,2006 Page Three 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.022 25-30 A. Code Enforcement Board - Receipt of Orders - No Action Reauired Receipt of Orders 2005-33778 & 2005-1570 City Council received the orders. 06.023 31-45 B. Code Enforcement Board Appointment (City Clerk Transmittal, Three Applications, Press Release) i. Interview. Unless Waived. and Appoint One Regular Member to Fill Unexpired Term to Expire 3/2007 City Council interviewed alternate Barbara Beck, alternate Clarence Barton, and Steven Lincoln. Ms. Coy nominated Ms. Beck and she was appointed to the position. ii. Appoint to Alternate Member if Necessary Mr. Neglia nominated Mr. Lincoln and he was appointed to fill Ms. Beck's position. 06.063 47-53 C. Budget Review Advisory Committee Appointments (City Clerk Transmittal, Smith Application, Press Release) i. Announce City Council Individual Appointments for Mr. Nealia (Richard Smith) and Mr. Paternoster (Thomas Burke) Mayor McCollum announced new appointees: Mr. Neglia - Richard Smith Mr. Paternoster - Thomas Burke The City Clerk noted that there were no applications for the two at-large positions and the unfilled positions will be re-advertised. 06.062 55-83 D. Charter Review Committee Appointments (City Clerk Transmittal, Board Information, Advertisement, Applications) ii. Announce Ten City Council Individual Appointments (2 Each) Mayor McCollum announced the appointees: Mayor McCollum - Ruth Sullivan and Daniel Dragonetti Vice Mayor Burkeen - Rick Villars and Corey Richter Ms. Coy - Adrina Davis and Charles Cardinale Mr. Neglia - Richard Smith and John Oakes Mr. Paternoster - Dennis Powers and Mary McGee 3 Regular City Council Meeting April 12,2006 Page Four iii. Interview, Unless Waived. and Appoint Five At-Large Members - Terms to Expire in October (Need Five - Only Two Submitted) The City Clerk said only two applications were received for the five at-large positions and the unfilled positions will be re-advertised. Ms. Coy nominated Mr. Enderlein and Mr. Morris. They were appointed. iv. Decide to Have Organization Meeting on April 18th at 5-6 pm or 7-8 pm The City Clerk stated the Code requires the organizational meeting be held on the Tuesday following appointment, and asked to accommodate the Mayor's scheduled forum and a request by Mr. Smith that the time be 7 p.m. There was no objection. 06.064 85-88 E. Environmental Advisory Committee (Temporary) Appointments (City Clerk Transmittal, Adams Application) i. Announce City Council Individual Appointments for Mr. Nealia and Mr. Paternoster Council Members announced the old and new appointees: Mr. Neglia - Jane Kresge Mr. Paternoster - Trish Adams The City Clerk said they are currently advertising for one alternate and just received another resignation and will be advertising for that position as well. 06.025 89-93 F. Tree and Landscape Advisory Board Appointment (City Clerk Transmittal, 1 Application, Member List, Press Release) i. Interview, Unless Waived. and Appoint One Reaular Member to Fill Unexpired Term to Expire 4/2007 The City Clerk noted that there is only one alternate application for this position, however they have recently received another resignation from a regular member and are advertising for that position. Ms. Coy nominated David Rodriguez to the regular member position and he was appointed. 4 Regular City Council Meeting April 12, 2006 Page Five 9. PUBLIC HEARING Procedures for public hearings (R-05-26) . Mayor opens hearing . Attorney reads ordinance or resolution . Staff presentation . Public input . Staff summation . Mayor closes hearing . Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name 06.013 95-102 A. Ordinance No. 0-06-02 - Water Restriction Plan Amendment - Second Readina, Public Hearing and Final Adoption (City Clerk Transmittal. 0-06-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; AMENDING CHAPTER 102 ARTICLE IV WATER RESTRICTION PLAN TO IMPLEMENT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT RULES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. (First Reading 3/8/06, Legal Ad 3/31/06, PH 4/12/06) Mayor McCollum opened the public hearing at 7:25 p.m. and the City Attorney read Ordinance No. 0-06-02 by title. There was no requested input and Mayor McCollum closed the public hearing. Ms. Coy suggested that language could be added to further describe when you can water. The City Attorney said it can be put in and sent to SJRWMD or it can be noted clearly in places where it is posted to the public. She further asked if it could be made clear that people cannot run recycled water into swales. On MOTION by Ms. Coy and SECOND by Mr. Neglia, Ordinance No. 0-06-02 was adopted as is on a roll call vote of 5-0. 10. 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 Damien Gilliams suggested the CRA revisions be done by a contest with high school students. He asked when various City projects would begin, and discussed the school board meeting held the previous night. Jane Dyke, stated the trees on U.S. 1 blocked the view and suggested Council revisit the color wheel in the riverfront district. Walter Barnes asked about the mooring area since hurricane season is fast approaching; pointed out that non-residents use the boat ramps; asked for City owned lots on South Wimbrow Drive (bordered by Azine & Columbia) be reseeded and irrigated. He pointed out the area was in the budget to be a City park. 5 Regular City Council Meeting April 12, 2006 Page Six The City Attorney stated he is working on the mooring field. The City Manager responded various parks will go to the Recreation Committee for review and brought back to Council in the near future. Shawn Raba, 402 Easy Street, asked if any public opinion was added to the CRA drawings for Main Street and Indian River Drive and he was told there was input received. Eugene Wolff, said he was disappointed that additional money was authorized on the CRA conceptual designs when it was obvious that Council did not support the design concept when they created an idea that they would be frugal with money and have now allowed the same vendor to go back to the drawing board for more designs. Mr. Wolff said the City needs more staff in the stormwater department and improvements will not move forward with cuts affecting staff morale. He said he is concerned with recent staff reduction. Jeff Brauer spoke on the boat ramps and said we need more parking spaces. The Mayor called for a recess at 8:03 p.m. The meeting resumed at 8:10 p.m. and all members were present. The City Clerk was excused from the meeting at this time. 11. OLD BUSINESS - None 12. NEW BUSINESS 06.075 103-111 A. Approve Castaway Marine Pro-Line Boat Owners Appreciation Dinner and Fishina Tournament at Riverview Park on Friday. May 26.2006 from 4 pm to 9 pm and Saturday. May 27 from Dawn to 9 pm (PW Transmittal. Park Use Permit Application, Proof of Insurance, and Letter from Castaway Marine) Robert Clark of Castaway Marine explained the event was open to the public but the tournament was only open to Pro-Line boat owners. Mr. Burkeen asked that banners only be placed on the vendor tents. Mr. Neglia asked if there would be food on Saturday and Mr. Clark said it depended on what was caught during the tournament. Mayor McCollum questioned if Castaway Marine was doing business under the name stated on the insurance certificate. The City Attorney stated he would check into the matter with the Florida Department of State by Friday. Side II, Tape I, 8:15 pm On MOTION by Mayor McCollum and SECOND by Mr. Paternoster, the event was approved however, no permit was to be granted until the City Attorney verifies the name on the insurance certificate. If the City Attorney finds the names not to be related, the event is to be cancelled and brought back to council with a proper insurance certificate on a roll call vote of 5-0. 6 Regular City Council Meeting April 12, 2006 Page Seven 06.076 113 B. Authorize Jordan and Associates to Pursue Grant Application for CDBG Neighborhood Revitalization Grant for Easy Street Improvements at No Cost to City (Finance Transmittal) The City Manager explained that this grant would help fix Easy Street on a permanent basis and Jordan & Associates has offered to conduct the LMI survey for Easy Street for CDBG eligibility and if the project was found to be eligible. the consultant RFP would go out and the procurement process would begin for the June 15t grant cycle. He also stated that if Easy Street is not eligible, another project could be chosen by Council. Discussion followed on water flow from Easy Street. On MOTION by Ms. Coy and SECOND by Mr. Neglia, Jordan & Associates was approved to do the survey and pursue a grant application for Easy Street on a roll call vote of 5-0. 06.077 115-150 C. Airport Administration Buildina - Approve Purchase of Furniture from Florida Business Interiors. Inc. in the Amount of $107.028.15 -Installation of IT/Data Equipment from Complete Electric. Inc. in the Amount of $51.096 and Repair and Extend Existina Fiber Cable from Wirina Technoloaies. Inc. in the Amount of $8.700 -Appropriate $100.324.15 from Discretionary Sales Tax Revenues (Airport Transmittal. Proposals and Quotes) The City Manager explained the cost breakdown of the facility. He pointed out that previous administration did not budget for these items. He also pointed out that the phone system will need to be funded in the future. Eugene Wolff suggested the purchase of less expensive furniture. Damien Gilliams asked where the three bids were; asked why a satellite system isn't used for the computers; and stated the project was eight months past due. John Oakes asked if the project was bid locally. The Airport Director explained that the bid was done with a manufacturer which includes three companies and that Florida Business Design was chosen because their cost included design and layout of the building. He stated that costs were noted when the furniture was chosen for the new City Hall and the cost is in line with the cost of the City Hall/Police Department facilities. Mr. Paternoster questioned the difference with the traffic impact fee. 7 Regular City Council Meeting April 12, 2006 Page Eight Mr. Neglia pointed out several items and asked if they may be obtained at a lower price. The Airport Director displayed pictures of some items. The City Manager explained that the Public Works Department property lease will be discounted to offset the general revenue cost of the furniture. The Airport Director explained that higher end furniture is needed in the lobby for public traffic. Mr. Paternoster asked if the furniture had a guarantee and the Airport Director responded it had a lifetime guarantee. Side I, Tape II, 9:16 p.m. The City Manager offered to break down the associated costs in detail in the lease agreement that will come to Council in the near future. The City Attorney stated the instrument should be called a "financial policy adopted by resolution". The Airport Director pointed out a typo in the recommended action. He asked that Complete Electric be substituted for Wiring Technologies for the fiber cable on circle page 117. On MOTION by Ms. Coy and SECOND by Mr. Paternoster, the furniture is to be removed from this request and three local bids obtained; the installation of the IT/data equipment and the extension of fiber cable with Complete Electric, Inc. was approved in the amount of $59,796.00 on a roll call vote of 5-0. xxxx New D. Resolution No. R-06-07 - Authorizing the City Manager to Execute a Florida Department of Transportation Emergency Joint Participation Aareement for Hurricane Wilma (Finance/City Manager Transmittal. R-06-07. letter. agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY JOINT PARTICIPATION AGREEMENT FOR HURRICANE WILMA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager explained this resolution. On MOTION by Mr. Burkeen and a SECOND by Ms. Coy, Resolution No R-06- 07 was adopted on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney explained the roles of a city attorney, and explained that earlier in the evening, in his counselor role, he tried to point out liability problems with parking on Main Street, and to let Council know that parking behind the Chamber was not preferred in earlier Council discussions. He asked for input on providing historical information and advice to Council. 8 Regular City Council Meeting April 12, 2006 Page Nine 14. CITY MANAGER MATTERS - none. 15. CITY CLERK MATTERS - none. 16. CITY COUNCIL MATTERS A. Ms. Coy Ms. Coy stated comments made earlier during the meeting were inappropriate, and stands behind the City Manager on his personnel decisions; and asked the City Manager to look into our becoming a Tree City again. The City Manager suggested it might be included in the next budget cycle. Ms. Coy reported on the Land Acquisition Committee's favorable decision for recommendation to the County Commission on the Capt'n Butcher purchase. The City Attorney pointed out that Sebastian's citizens provided four million dollars towards that purchase through their property taxes, which can be found on their TRIM notices. Ms. Coy said her heroes were the citizens who came out and participated in the meetings related to the Capt'n Butcher purchase; and her dodos were the appraisal companies who could not justify their reports on Capt'n Butcher or attend our meeting. B. Mr. Paternoster i. Reconsider Fine Art and Music Festival Aareement as Modified at 3/22/06 Meeting (Modified Agreement) 06.041 151-152 Mr. Paternoster said he received many phone calls and brought this back to better understand the amount the City spends on the four festivals. He requested a line item cost breakdown for each festival in the budget. The City Manager explained that the cash outlay could be easily seen from a display ad (which has been taken out by Council) but labor and vehicle use is based on FEMA reimbursement figures, which might be difficult to formulate into line items. Mr. Paternoster thanked staff for the timely installation of cleats and lighting at the Yacht Club boat ramps; asked if government acronyms could be spelled and discussed in full out for the public; and stated some code enforcement matters would be coming to Council in the future. C. Mr. Nealia Mr. Neglia invited the public to participate on the City's committees and boards; and wished everyone a Happy Easter and Passover Seder. 9 Regular City Council Meeting April 12, 2006 Page Ten Mr. Paternoster announced he would be holding public forums in the Council Chambers on the fourth Tuesday of the month from 6-7 pm beginning April 25th. D. Mayor McCollum i MPO Citizen Advisory Committee Appointment 06.078 Mayor McCollum stated he did not have an appointee and asked the Deputy City Clerk to advertise for this position the same manner in which City board vacancies are advertised. He advised Council that he has requested extra police patrol at the little league games on Friday evenings due to recent reported incidents. E. Mr. Burkeen Mr. Burkeen stated the Schumann Drive medians need attention. The City Manager said he would meet with the Public Works Director. Wished everyone a Happy Easter. 17. Being no further business, the regular meeting adjourned at 9:46 p.m. Natha -- 10 HOME Of nLlCAN ISJ.ANI) CITY OF SEBASTIAN, FLORIDA AGENDA TRANSMITTAL Subject: Resolution No. R-06-07 Authorizing City Manager to Execute Florida Department of Transportation Emergency Joint Participation Agreement for Hurricane Wilma ... Agenda No. .ttal by: City Manager Department Origin: Office of the City Manager and Finance Departm:&. Finance Directo~. ?--- CIty Attorney: City Clerk: Date Submitted: April 10, 2006 For Agenda of: April 12, 2006 Exhibits: . Resolution No. R-06-07 . Letter of Transmittal from Florida Department of Transportation . Emergency Joint Participation Agreement for Hurricane Wilma EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The City received the FDOT Emergency Joint Participation Agreement on April 10, 2006, pursuant to the City's request for reimbursement for damages received as a result of Hurricane Wilma. The City Attorney has reviewed the contract and finds no exceptions. Resolution No. R-06:'07 authorizes the City Manager to execute the agreement. The agreement reflects a total reimbursable amount of $38,068.95. RECOMMENDED ACTION Move to adopt Resolution No. R-06-07 authorizing the City Manger to execute the Florida Department of Transportation Emergency Joint Participation Agreement for Hurricane Wilma. RESOLUTION NO. R-06-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY JOINT PARTICIPATION AGREEMENT FOR HURRICANE WILMA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with City Charter Section 3.04 (g) by direction of the Council, the City Manager may sign all contracts, bonds, debentures, franchises and official documents on behalf of the City; and WHEREAS, the Florida Department of Transportation Emergency Joint Participation Agreement for Hurricane Wilma have been submitted to the City for execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Authorization. The City Council hereby authorizes the City Manager to execute the Florida Department of Transportation Emergency Joint Participation Agreement for Hurricane Wilma. This agreement reflects a reimbursable amount of $38,068.95. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember put to a vote, the vote was as follows: and, upon being Mayor Nathan B. McCollum Vice-mayor Brian S. Burkeen Councilmember Sal Neglia Councilmember Andrea Coy Councilmember AI Paternoster The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of April 2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum ATIEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney Contract No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF SEBASTIAN, State of Florida, located at 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, hereinafter called the CITY. WITNESSETH WHEREAS, the DEPARTMENT and the CITY are desirous of having the CITY provide debris removal and sign repairs along Federal Highway Administration (FHWA) functionally classified road(s) damaged by Hurricane Wilma, as necessary. These hurricane emergency relief efforts are located within Indian River County and are hereinafter referred to as the Project. Refer to Exhibit "A" of this AGREEMENT for a detailed Scope of Services; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 05-219, dated October 19, 2005 for Hurricane Wilma, under the Robert T. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs for Financial Project Number(s): 420527 -3-D8-01; listed in Exhibit "B" annexed hereto and made a part hereof. All FHWA non-participating costs shall be borne by the CITY; and, WHEREAS, the repairs of these FHWA functionally classified Federal-aid road(s) damaged by Hurricane Wilma are in the interest of both the DEPARTMENT and the CITY and it would be more practical, expeditious and economical for the CITY to perform such activities; and, WHEREAS, the CITY by Resolution No. adopted on , 200 a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The CITY shall be responsible for assuring that the Project complies with all Federal Highway Administration (FHW A) and DEPARTMENT standards. 3. The DEPARTMENT agrees to reimburse the CITY only for eligible costs associated with hurricane emergency relief efforts & associated CE I services of the aforementioned improvements as stated in the FHW A Detailed Damage Inspection Reports, copies of which are attached hereto and made a part hereof as Exhibit"B". All other costs are to be borne by the CITY. For satisfactory completion of all services on or before April 21 , 2006, time being of the essence, and as described in the attached Detailed Damage Inspection Report (DDIR), the DEPARTMENT will pay the CITY funds received from FHW A a total amount not to exceed THIRTY EIGHT THOUSAND SIXTY EIGHT DOLLARS AND NINETY FIVE CENTS ($38,068.95). 4. The DEPARTMENT shall have ten (10) working daysto approve any invoice submitted by the CITY. Travel expenses are not authorized in this agreement. The CITY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper per-audit and post-audit Page 1 thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation at 3400 W. Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn: William Wang The CITY shall comply with the Federal and State Audit provisions set forth in Exhibit "D" which is attached hereto and made part of this Agreement. 5. The Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However this Agreement shall run to the DEPARTMENT and its successors. 6. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until June 30, 2007. All invoices and supporting documentation must be received by this date. 7. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contracts which by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 8. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors. performing work on the project, and all records of the Contractor and subcontractors considered necessary by the DEPARTMENT for the proper audit of costs. 9. The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public access to all documents, papers, letters, of other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the CITY in conjunction with this Agreement and shall make provisions in its Agreements with its consultants and sub-consultants to terminate for failure to comply with this provisions. 10. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees of the CITY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the CITY. For . breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 11. To the extent allowed by the Laws of Florida, the CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all Claims, demands liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or commission of the CITY, its agents, employees, contractors, subcontractors and/or consultants arising out of this contract or the work which is the subject hereof. In addition, with respect to any of the CITY'S agents, consultants, contractors, and/or sub-contractors, such party in any contract for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, . liabilities, and suites of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, contractors, and/or sub-contractors. The CITY shall provide to the DEPARTMENT written evidence of the Page 2 foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 12. The Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in the Agreement. The CITY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the CITY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the DEPARTMENT of Financial Services. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available with forty (40) days a separate interest penalty at a rate as established pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest payments of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices which have been returned to the CITY because of invoice preparations errors will result in delay in the payment. The invoice payment requirements do no start until a properly completed invoice is provided the DEPARTMENT. Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual include acting as an advocate for the CITY in the event that the CITY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 41 0-9724 or by calling the Department of Financial Services Hotline 1-800-848-3792. 17. This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, Agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or Agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. 18. The DEPARTMENT agrees to pay the CITY for the services herein described at compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services 215.422 (14), Florida Statute, or by the Department's Comptroller under section 334.044(29), Florida Statutes. 19. 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 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 or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or a consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 20. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 21. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employees unauthorized aliens, such violation shall be cause for unilateral cancellations of this agreement. . Page 3 22. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following address: If to the DEPARTMENT:. Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: William Wang A second copy to: District General Counsel If to the CITY: City of Sebastian 1225 Main Street Sebastian, Florida 32958 With a copy to: Shai L. Francis, CPA With a second copy to: Attorney *** IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. CITY OF SEBASTIAN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NAME: TITLE: BY: ROSIEL YN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT ATTEST: APPROVED: (AS TO FORM) CITY CLERK (SEAL) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: CITY ATTORNEY BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 4 EXHIBIT A SCOPE OF SERVICES As a result of Hurricane Wilma, the CITY will perform "Emergency" work described in the signed Detailed Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during Hurricane Wilma. The DEPARTMENT will seek the maximum amount of FHWA funding available for reimbursement to the CITY. The CITY will be responsible for verification of eligibility and costs and will submit the supporting documentation directly to the DEPARTMENT for review and approval. All work is subject to meeting eligibility criteria. It is the responsibility of the CITY performing thework to provide the documentation necessary to the DEPARTMENT to justify the eligibility of items of work and the actual costs incurred for the emergency work described in the DDIR's. The CITY will submit with each invoice and supporting documentation package certification of work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document. This document must be filled out completely and notarized. 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"tI :::0 o to. m (") -f Z c: 3: OJ m :::0 en m >< ::J: ffi ~ ~ Exhibit C CERTIFICATION AS TO ACCURACY OF PAYMENT The undersigned , on behalf of and as a duly authorized representative of, ' (hereinafter referred to as the "Agency") hereby certifies, to the best of Agency's knowledge, infprmation and belief, to the Florida Department of Transportation (hereinafter referred to as the "Department") as follows: 1. That the Invoice/Reimbursement Request package for Joint Participation Agreement Number , Financial Project Number(s) , (hereinafter referred to as the "Invoice") is in compliance with the Agreement, FHWA ER Manual or other acceptable plan as developed by the Agency; and 2. That the Invoice is true and correct as determined by the Agency's reasonable and independent investigation, measurements and verification of work performed; and 3. That the Agency hereby recommends that the Department make payment based on the attached Invoice and supporting documentation; and 4. That the Agency hereby agrees to indemnify and hold the Florida Department of Transportation, its officers and employees harmless from all liabilities, damages, costs, and attorney fees incurred and paid as a result of the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the preparation and/or audit of the Invoice, supporting documentation, and execution of the work as outlined in the Scope of Services. The Department also reserves the right to recov~r from the Agency any increased costs, delays or other damages to the Department due to errors and/or omissions under applicable Florida Statutes (334.044(2); 334.048.20.23(3)(a) and 337.015). 5. Monetary Amount Submitted A false statement or omission made in connection with this certification Is sufficient cause for suspension, revocation or denial of payment, and may subject the person and/or entity making false statement to any or all civil and criminal penalties available pursuant to applicable Federal and State Law. State of Florida County of Sworn to and subscribed before me this _ day of , by (Print name of the person signing the Certification) Notary Public Commission Expires Authorized Agency Official Personally Known _OR Produced Identification_ By Type of Identification Produced Title EXHIBIT "0" FEDERALLY FUNDED CONTRACTS The administration of resources awarded by the Department to CITY OF SEBASTIAN may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY OF SEBASTIAN regarding such audit. CITY OF SEBASTIAN further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. 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. PART II: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Department of Financial Services, and the Auditor General. This section does 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 other state official. PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 AntonetteP. Adams, Professional Services Administrator William Wang, Project Manager 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette p, Adams, Professional Services Administrator William Wang, Project Manager B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING & CONSTRUCTION 20.205) - THIRTY EIGHT THOUSAND SIXTY EIGHT DOLLARS AND NINETY FIVE CENTS ($38,068.95) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: 1. See attached Exhibit "A", Scope of Services 2. a) Most projects are administered by or through State Transportation Departments or Federal agencies. b) Territorial highway projects are funded in the same manner as other Federal-aid highway projects, with territorial transportation agency functioning as the State Transportation Agency. Eligible activities and allowable costs will be determined in accordance with Title 23 and the OMB cost principles applicable to the recipientlsub- recipient. c) The Emergency Relief (ER) program is intended to aid State in repairing road facilities which have suffered widespread serious damage resulting from a natural disaster over a wide area or serious damage from a catastrophic failure.