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Home My WebLink About03122003Clp/ol: HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH '12, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS '122,5 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) m 03.055 1-6 Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-2f) PROCLAMATiONS~ ANNOUNCEMENTS A. Proclamation Declaring March as Red Cross Month PRESENTATIONS Certificate of Appreciation to John Oakes Certificate of Appreciation to George Anderson Comcast Cable (Rate Sheet, Channel Line-up) 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 03.056 7-20 Approval of Minutes - 2/12/03 Regular Meeting (City Clerk Transmittal 3/4/03, Minutes) 21-30 B. Approval of Minutes - 2/26/03 Regular Meeting 03.032 31-38 Authorize City Manager Overnight Travel to Tallahassee, FL to Attend The Florida National Register Review Board Meeting on Tuesday, March 25, 2003 (City Manager Transmittal 3/5/03, Letter) 03.058 39-46 Resolution No. R-03-10 Authorize City Manager to Enter Five Year Lease Agreement with Riverside National Bank for a MITA 2530 Digital Copier for the Police Dept. (Finance Transmittal 3/4/03, R-03-10, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR MUNICIPAL LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK FOR THE PURPOSE OF LEASING A MITA 2350 DIGITAL COPIER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 03.059 47-76 Resolution No. R-03-11 Authorize City Manager to Execute the Community Development Block Grant Agreement Award (City Clerk Transmittal 3/6/03, Letter, R-03-11, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT #03DB-1A-10-40-02-N34 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 03.060 77-80 Waive Formal Bidding Procedures and Accept Informal Written Quotes for Installation of New Chiller Condenser Coils for the Police Dept. in the Amount of $10,412.00 from Hill York (Public Works Transmittal 2/24/03, Estimates) 9. COMMITTEE REPORTS/RECOMMENDATIONS 03.005 81-84 Construction Board Interview, Unless Waived and Appoint One Alternate Member to Expire 9/20/04 (City Clerk Transmittal 3/4/03, Application, Ad, Board Member List) 10. PUBLIC HEARING - none 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of 10 minutes each speaker 12. OLD BUSINESS 03.031 85-90 Proposed Pelican Isles Housing Development Presentation by TRIAD Housing Partners (GMD Transmittal 2/27/03, Letter) 13. NEW BUSINESS 03.057 91-96 Authorize City Manager to Execute Cash and Investment Management Advisory Agreement Between the City of Sebastian and Kirkpatrick Pettis, Smith, Poi/an, Inc., Langhoff Brooks Division (Finance Transmittal 3/5/03, Agreement) 03.025 97-98 Adopt the Master Stormwater Management Plan, Including the Updated Stormwater Model (Engineering/SWU Transmittal 3/4/03) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS A. Recommendation for City Council Workshop - Canal Seawall Repair Policy 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mayor Barnes B. Mr. Hill C. Mr. Majcher D. Mr. Barczyk E. Mr. Coniglio 19. ADJ O URN (Aft meetings shall adjourn at 10:30 pm un/ess extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 Upcoming Meetings: March 17, 2003 - Special Election Meeting March 26, 2003 - 7:00 p.m. - Regular Council April 9, 2003 - 7:00 p.m. - Regular Council April 23, 2003 - 7:00 p.m. - Regular Council May 14, 2003 - 7:00 p.m. - Regular Council May 28, 2003 - 7:00 p.m. - Regular Council June 11, 2003- 7:00 p.m.- Regular Council June 25, 2003 - 7:00 p.m. - Regular Council July 9, 2003 - 7:00 p.m. - Regular Council July 23, 2003 - 7:00 p.m. - Regular Council 4 HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FL 32958 · (772) 589-5570 TO: FROM: DATE: RE: Mayor and City Council Terre nce Moore~'~' ,~_ City Manager ~ '~/ March 7, 2003 Consent Agenda :Item #F Consent Agenda Item #F was not meant to be included in the packet because renovations to be undertaken within the year by Suffolk Construction Company will outdate the purchase. Please discontinue consideration of this item. · HA1 SEBASTIAN PL1-PL2 8/21/02 1:0~ Page 1 BASIC SERVICE EXPANDED BASIC SERVICE STANDARD CABLE Includes Basic and Expanded'Basic. D I G I TA L C A B L E $8.95 Per Month Includes 3 Bonus Choice Pack~es.A Digital Converter for each outlet is required to receive digital programming on such outlet. DIGITAL PROGRAMMING ACCESS FEE (each outlet) $4.99 Required for access to digital programming for the Interactive guide, Pay-Per-View access, Digital Music Service, and access to order Digital Premium Services with additional screens. Fee included in all digital packages. Equipment not included. PREMIUM SERVICES HBO ............................................ $ 14.30 Showtime ........................................ $ 14.30 Cinemax ......................................... $ 14.30 The Movie Channel ................................. $ 14.30 STARZ! .......................................... $ 9.50 Encore .......................................... $ 3.50 Pay-Per-View ...................................... varies DIGITAL BASIC PACKAGE $44.99 Per Month Includes Standard Cable, 3 Bonus Choice Packages, Digital Music, Digital Converter and Digital }{emote. DIGITAL MVP PACKAGE $69.99 Per Month Includes Standard Cable, 3 Bonus Choice Packages, HBO with additional screens, Showtime with additional screens, Cinemax with additional screens, The Movie (2hannel with additional screens, Digital Music, Digital Converter and Digital Remote. BONUS CHOICE CATEGORIES Requires purchase of the Digital Basic service level Movies & More Choice .............................. $ 3.95 Family Choice ..................................... $ 3.95 News & Information Choice .......................... $ 3.95 $25.39 Per Month~-~/)~L $16.74 Per Month $42.13 Per Month -i · HA1 SEBASTIAN PL1-PL2 8/21/02 1:~ EQUIPMENT and OPTIONS Converter - Basic Only .............................. $ 2.00 Converter - All other services ........................ $ 4.80 Remote Control ................................... $ 0.30 IN STALLATION and REPAIR Hourly Service Charge (custom inm;alJat~on or other wiring of cable) .... $ 28.49 Standard Installation (within 125 feet d cable plant) Unwired (a home that has never h~d cable sem4ce) .............. $ 43.99 Pre-wired (a home that has received cable service) .............. $ 27.99 Additional Outlet (at the lime of initial instaJlatJon) ............... $ J 3.99 Additional Outlet (requiring a separate ~s~ bra technician) .......... $ 2 1.99 Relocate Outlet (move an oudet to a difTe~nt Iocedo~) ............ $ 18.99 Upgrade (a char~ to increase service level, cequiring a visit, to your home) . . . $ 15.99 Downgrade (a change to deorease service level, requiring a visit to your home) $ J 0.99 Upgrade/Downgrade (a cha~e to level of service done eleconmnically) . . . $ 1.99 VCR Connection (at the time of i~idal inscallatim) ............... $ 5.99 VCR Connection (~quiring · aeparate v~ by a t_-~hnidan) .......... $ 12.99 Non-Sufficient Funds Charge ......................... $ 20.00 Customer Service Charge (requires a v~for technical inso3Jction m~arding equipment or cable wiring in home) .............. $ J 6.99 Adminstrative Fee for Delinquent Payments (after 30 days) . $ 5.00 Adminstrative Fee for Delinquent Payments (after 60 days) . $ 5.00 Field Collection Fee ............................... $ 15.00 Unreturned Digital Converter Charge ................. $ 325.00 Unreturned Addressable Converter Charge ............. $ 158.00 Unreturned Standard Converter Charge ................ $ 90.00 GENERAL INFORMATION Non-standard video installation will be charged the Hourly Service Charge for the amount of time needed to complete the install. For customers with commercial accounts or bulk rate arrangements, some product, pricing and other information may hOC apply. Commercial and premium installations are priced separately. Prices are exclusive of applicable franchise fees and related costs, FCC user fees and taxes. Ail pricing, programming, channel locations and packaging are subject to change. Depending on levels of service or programming taken, addi- tional equipment and installation charges may apply. Basic Service must be purchased in order to subscribe to any other optional video service or tier of video services. You must subscribe to AT&T Digital Cable and a Premium Service to receive the multiplexed version of thac Premium Service. Not all services are available in all areas. You may be required to leave a deposit for your service. Prices & projrammin[ subject to change. Prices effective July 2002. See important general information on enclosed price list or call for details. Not available in all areas. AT&T Broadband 7/02 - HA1 SEBASTIAN 1/03 2/10/03 9:32~ Page 1 LIMITED SERVICE $25.39 Per Month EXPANDED SERVICE $16.74 Per Month Must. have limited Service to receive ~xpanded Service. STANDARD CABLE $42.13 Per Month Includes limited Service and Expanded Service. DIGITAL CABLE $8.95 Per Month Includes 3 Bonus Choice Packages. A Digital Converter for each outlet is required to receive digital programming on such outlet_ PREMIUM SERVICES HBO ............................................ $ 14.30 Showtlme ........................................ $ 14.30 Cinemax ......................................... $ 14.30 The Movie Channel ................................. $ 14.30 STAR~! .......................................... $ 9.50 Encore .......................................... $ 3.50 Pay-Per-View ...................................... varies DI GITAL BASIC PACKAGE $44.99 Per Month Includes Standard Cable, 3 Bonus Choice Packages, Digital Music, IDigital Converter and Digital Remote. DIGITAL MVP PACKAGE $69.99 Per Month Includes Standard Cable, 3 Bonus Choice Packages, HBO with additional screens, Showtime with additional screens, Cinemax with additional screens, The Movie Channel with additional screens, Digital Music, Digital Converter and Digital Remote. BONUS CHOICE CATEGORIES Requires purchase of the Digital Basic service level Movies & More Choice .............................. $ 3.95 Family Choice ..................................... $ 3.95 News & Information Choice...' ....................... $ 3.95 1/03 - HA1 · HA1 SEBASTIAN 1/03 2/10/03 9:32 Page 2 EQUIPMENT and OPTIONS Converter - Limited Service Only ..................... $ 2.00 Converter -All other services ....................... $ 4.80 Remote Control .................................. $ 0.30 INSTALLATION and REPAIR Hourly Service Charge (cus~m Instalemon or other w~r~gof cable) .... $ 28.49 Standard Installation (wtedn 125 feecofcableplan0* Unwired (a home that has never had cable service) .............. $ 43.99 Pre-wired (a home that has received cable service) .............. $ 27.99 Additional Outlet (at the eme of In.al hx~al~mon) ............... $ 13.99 Additional Outlet (requlrlnga separate visit byatechnictan) .......... $ 21.99 Relocate Outlet (move an ouOet to a dlfferant kx~mon) ............ $ 18.99 Upgrade (achangetolncreaseservtceleveLrequlrlngavts~t~o your home) . . . $ 15.99 Downgrade (a change to decrease ser~ce ~ requlr~g a ~ts~ to rout home) $ 10.99 Upgrade/Downgrade (a change to leva of service done elecmantcal¥) . . . $ 1.99 VCR Connection (at the Ume of Inldal Inmllaeon) ............... $ S.99 VCR Connection (requiringa separatevtslt b),atechnldan) .......... $ 12.99 Non-Sufficient Funds Charge ......................... $ 20.00 Customer Service Charge (requires a vLdt for tschnk~ instruc~on rega~ng equipment or cable yOUng m home) .............. $ 16.99 Adminstrative Fee for Delinquent Payments (after 30 days) . $ 5.00 Adminstrative Fee for Delinquent Payments (after 60 days) . $ S.O0 Field Collection Fee ............................... $ IS.O0 Unreturned Digital Converter Charge ................. $ 325.00 Unreturned Addressable Converter Charge ............. $ 158.00 Unreturned Standard Converter Charge ................ $ 90.00 GENERAL INFORMATION Non-standard video installation will be charged the Hourly Service Charge for the amount of time needed to complete the Install. For customers with commercial accounts or bulk rate arrangements, some product, pricing and other information may not apply. Commercial and premium Installations are priced separately. Prices are exclusive of applicable franchise fees and related costs, FCC user fees and taxes. All pricing, programming, channel locations and packaging are subject to change. Depending on levels of service or programming taken, additional equipment and installation charges may apply. Basic Service must be purchased In order to subscribe to any other optional video service or tier of video services. You must subscribe to Digital Cable and a Premium Service to receive the multiplexed version of that Premium Service. Not all services are available In all areas. You may be required to leave a deposit for your services. * Certain franchise agreements may define standard installation differently. In such instances, the franchise agreement controls. Prices & pro~ratttmin~ subject to change. Prices effective ,l~nuary 2003. See important lene~l Information on encJosed pdce llst or dmlg. Not nviibble in all areas. A1 1/03 - HA1 I.HA Lineup 2/10/03 9:43 AM Page · 2 WESH · 3 WOFL · 4 WTVX · 5 WPTV · 6 WKMG · 7 WPBF · 8 WKCF · 9 WFTV · 10 WWCI · II WOPX · 12 WPEC · 13 WFLX · 14 WTGL * 15 THE MOVIE CHANNEL · 16 WOTF * 17 HBO · 18 QVC · 19 WBCC · 20 ABC FAMILY &21 WTCE · 22 THEWEATHER CHANNEL * 23 CINEMAX · 24 WFME · 25-28 LOCAL PROGRAMMING · 29 LEASED ACCESS · 30 TV GUIDE CHANNEL · 31 C-SPAN2 &32 C-SPAN · 33 LIFETIME · 34 VH-1 · 35 BET · 36 TNN · 37 NICKELODEON · 38 CNBC · 39 A&E · 40 COUNTRY MUSIC TELEVISION · 41 DISCOVERY CHANNEL · 42 TNT · 43 HG'I'V · 44 THE HISTORY CHANNEL · 45 TBS · 46 DISNEY CHANNEL · 47 USA · 48 CNN · 49 CNN HEADLINE NEWS · SO ESPN · S I ESPN2 · 52 MTV · 53 AMC · 54 SCI-FI CHANNEL · 55 SUNSHINE NETWORK · 56 FOX SPORTS NET FLORIDA · 57 TRAVEL CHANNEL · 58 WE:WOMEN'S ENTERTAINMENT · 59 SOAP NET · 60 TECH TV · 61 COURTTV · 62 FOOD NETWORK · 63 SPEED CHANNEL · 64 OUTDOOR LIFE NETWORK · 65 COMEDY CENTRAL · 66 NATIONAL GEOGRAPHIC · 67 FX · 69 THE GOLF CHANNEL · 70 HOME SHOPPING NETWORK * 99 SHOVV'FIME · UMITED SERVICE · EXPANDED SERVICE * PREMIUM 1/03 - HA .HA Lineup 2/10/03 9:43 AM Page · ~100 BBC AMERICA · ~101 DISCOVERY HOME & LEISURE · ,'102 DISCOVERY WINGS · ~103 DISCOVERY EN ESPAi~OL ,,'104 DO ITYOURSELF NETWORK ~105 DISCOVERY KIDS · ~106 NICKTOO · ~107 NOGGIN ,~108 NICK GAMES & SPORTS FI09 TOON DISNEY '~200 LIFETIME MOVIE NETWORK '~201 THE INDEPENDENT FILM CHANNEL ~'202 STYLE ~203 MTV2 ~204 MTV ESPAIqOL ~205 MTV JAMS '~'206 VH-1 CLASSIC '~207 VH-1 SOUL 'a'208 VH-1 COUNTRY ce.300 THE SCIENCE CHANNEL ~'301 DISCOVERY HEALTH ~'302 DISCOVERY CIVIUZATION ~'303 BLOOMBERG NEVVS ce.304 ESPNEWS c~305 A&E BIOGRAPHY CHANNEL ~'306 HISTORY CHANNEL INTERNATIONAL -,,1(.400HBO ~-,401 HBO PLUS · *-402 HBO SIGNATURE · ~1.03 HBO FAMILY · ~4S0 CINEMAX · ~.451 MOREMAX · 4.52 ACTIONMAX ~S00 SHOWTIME · 501 FLIX e503 SHOWTIME TOO e504 SHOWTIME SHOWCASE · 505 SHOWTIME EXTREME eS06 SHOWTIME BEYOND eSSO THE MOVIE CHANNEL · 551 THE MOVIE CHANNEL XTRA · 600 STARZ! · 601 STAP, Z! THEATRE e602 STARZ! CINEMA ~e603 ENCORE · 604 STAR,Z! FAMILY v'801,-834 iN DEMAND PPV MOVIES & EVENTS ~'8'.15 HOT CHOICE ~897 PLAYBOY ~'898 SPICE v'899 SPICE 2 X901-94S DIGITAL HUSIC CHANNELS CFAMILY CHOICE MOVIES & MORE CHOICE NEWS & INFORMATION CHOICE DIGITAL PREMIUM v' IN DEMAND PPV/ADULT ~'~ X DIGITALHUSlC 1/03 - HA j SEBASTIAld HOME OF PELICAN 15LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Approval of 2/12/03 Minutes Approved for Submittal by: Agenda No: ~.05(~ Department Origin: City Clerk's Office?.{~ Finance: Date Submitted: 3/3/o3 For Agenda of: 3/12/03, Exhibits: 2/12/03 Minutes Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The 2/12/03 minutes were included in the 2/26/03 packet BUT listed on the agenda as 2/26/03 minutes to be approved. Housekeeping requires the 2/12/03 minutes be put back on the agenda for approval. RECOMMENDED ACTION Move to approve the 2/12/03 Regular City Council minutes. CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 12, 2003 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The invocation was given by Rev. Allen Yarbrough, First Baptist Church ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio City Council Absent Vice-Mayor James Hill (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Human Resources Director, Jim Sexton Public Works Director, Terry Hill Finance Director, Mark Mason General Services Administrator, Paul Wagner Police Lieutenant, Bob Lockhart Regular City Council Meeting February 12, 2003 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council Members (R-99-21) Mayor Barnes requested the following additions: · Shriners Proclamation as Presentation A · Resolution No. R-03- support for funding beach renourishment for consideration to add to the agenda by vote of the Council. The City Attorney noted that Consent Agenda Resolution Coolidge is changed to "south". 6. PROCLAMATIONS~ ANNOUNCEMENTS None. 7. PRESENTATIONS Mayor Barnes read the Amara Shriners proclamation that was added to the agenda, cited their good works as discussed at yesterday's county commission meeting, and asked that the proclamation be mailed to them. A. Employee of the 4th Quarter Mayor Barnes recognized Golf Course employee, Joy Green, as Employee of the Quarter and presented her with a plaque and savings bond. 03.001 Request from Pelican Island Elementary School Eco-Troop (City Manaqer Transmittal 1/21/03, Synopsis, Excerpt, Articles, Newsletter, Letter, Web Info) In the absence of members of Eco-Troop, Mayor Barnes explained the accomplishments of the children to the audience. C. Accept Indian River County School Board Golden Apple Award Mayor Barnes presented the Golden Apple Award that was presented to the City at a recent School Board meeting. Regular City Council Meeting February 12, 2003 Page Three 03.030 D. 39-40 Deborah Bradley, CPA, Hoyman & Dobson & Co. Comprehensive Annual Financial Report for the Fiscal Year Ending September 30, 2002 (Finance Transmittal 2~6~03, Report under separate cover) Deborah Bradley presented the annual financial report for the fiscal year ending September 30, 2002. 03.031 E. 41-76 Presentation by Representatives from TRIAD Housinq The City Manager introduced David Schultz of TRIAD Housing, who introduced partners David Reich and Steve Moler, and made a presentation relative to a proposed housing development on Louisiana Avenue known as Pelican Isles and intended to be financed with an allocation of Iow income housing tax credits issued by the Florida Housing Finance Corporation. A conceptual site plan and architectural rendering were presented for the proposed 152 two story units, clubhouse, and recreational area. He said he was not asking for a fee waiver, but instead that the recreation impact fee be deferred for a period of time. Mr. Schultz, Mr. Reich and Mr. Moler responded to several qUestions from Council relative to senior housing, the project's relationship to Section 8 housing, income qualifications, and traffic concerns, The City Manager said he would come back to the next meeting with a formal recommendation from staff. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. The Mayor stated, for the record, that item C Council travel should be amended to provide for Mr. Barczyk's travel to conclude on March 12, 2003. A. Approval of Minutes - 1/22/03 Regular Meeting Regular City Council Meeting February 12, 2003 Page Four 03.026 87-90 Resolution No. R-03-05 - Designating "No Parking" Zone on North South Side of Coolidge Street (City Manager Transmittal 2/6/03, R-03-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SOUTH SIDE OF COOLIDGE STREET IN ACCORDANCE WITH SECTION 98-38 OF THE CODE OF ORDINANCES; PROVIDING FOR EFFECTIVE DATE. 03.023 91-96 Authorize Councilmen Barczyk & Coniglio Travel to National League of Cities Conference in Washington DC from March 6-11,2003 (City Clerk Transmittal 1/31/03, Info) 03.032 97-98 Authorize City Manager Travel to NFBPA Forum 2003 to be Presentation Speaker, April 26-30, 2003 in Ft. Lauderdale (City Manager Transmittal 1/28/03) 03.033 99-100 Supplemental Active Military Leave Benefit (HR Transmittal 1/24/03) 03.034 101-102 Authorize Road Closures for Pelican Island Centennial Celebration From Noon, March 13 Until Ending March 16, 2003- Specifically Indian River Drive From Coolidge Street South to City Limit; Sebastian Blvd. From Just Past Hess Station Entrance to Indian River Drive; Harrison Street From Just Past Dry Cleaners Entrance East to Indian River Drive (Public Works Transmittal 2/3/03) 03.035 103-104 Authorize the Sebastian River Ministerial Association to Have Easter Sunrise Service at Riverview Park on Sunday, April 20, 2003 from 6:00 am to 8:00 am (Public Works Transmittal 1/29/03, Letter) 03.036 105-106 Waive Bidding Requirements and Award Regan Masonry "Form, Pour, And Finish" Concrete Work at $1.60 Per Square Foot until Current Contract Expires (Engineering Transmittal 2/3/03) 03.037 107-114 Waive Bidding Requirements and Authorize Purchase of Burke Model #2000-934 Advanced Fitness Cluster from Contract Connections of Pembroke Pines for Installation at Hardee Park for $10,436.75, Pricing Is from Palm Beach County Bid #02-053/MM (Public Works Transmittal 2/3/03, Proposal, Palm Beach Bid Re-Cap) Regular City Council Meeting February 12, 2003 Page Five The City Attorney read Resolution No. R-03-05 by title. MOTION by Barczyk/Coniglio "Move to Approve consent agenda items A-I with the corrections to B and C." ROLL CALL: Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 4-0 9. COMMITTEE REPORTS/RECOMMENDATIONS 03.038 115-150 Planning and Zoninq Commission Interview, Unless Waived and Appoint Regular Member Position to Unexpired Term (City Clerk Transmittal 2/6/03, Applications, Ad, Members) City Council interviewed Mr. AIIocco, Mr. Blessing, Mr. Lantz, and Ms. Schofield. Mr. Carroll was not present. Ms. Krueger was not able to be present. Mr. Marshall had withdrawn his application. MOTION by Coniglio/Barczyk "I'd like to make a motion that we appoint Mr. Andrew AIIocco." ROLL CALL: Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Six Mr. AIIocco was the alternate so Mayor Barnes initiated a motion to fill that position. MOTION by Barnes/Coniglio "1 make a motion to appoint Mr. Carroll who had a very extensive resume, so I make a motion to appoint Mr. Carroll." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Roll Call carried 4-0 03.039 151-156 Code Enforcement Board Interview, Unless Waived and Appoint a Subcontractor Position - As Far As Practical to Expired Term (City Clerk Transmittal 2/6/03, Application, Ad, Members) There was consensus to add Ed Seeley's application for consideration. City Council interviewed Edward Seeley and Mrs. Schofield. MOTION by Bamzyk/Coniglio "1 move to appoint Mr. Seeley for a permanent position on the board." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 4-0 MOTION by Coniglio/Bamzyk "1'11 appoint Eva Schofield." Regular City Council Meeting February 12, 2003 Page Seven ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - aye - absent - aye - aye - aye Roll Call carried 4-0 10. PUBLIC HEARING 03.028 157-168 Second Reading and Public Hearinq for O-03-01 Petition for Voluntary Annexation by Dr. Hadi Shaloub for a .75 Acre Parcel of Land (GMD Transmittal 2/6/03, O-03-01, Letter, Map, Survey,F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 0.75 ACRES, MORE OR LESS, BEING LOT 18 JEANS UNIT INDIAN RIVER TWIN ESTATES; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ordinance by title and the Mayor opened the Public hearing at 8:03 p.m. Baxter Coston inquired about ingress and egress and was informed that access was a county issue. Mayor Barnes closed the hearing 8:07 p.m. MOTION by Coniglio/Majcher "1 move to adopt Ordinance No. O-03-01." ROLL CALL: Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Eight 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen~vise on the agenda - sign-up required - limit of 10 minutes each speaker Ruth Sullivan, Indian River Drive, Sebastian, requested that a financial report be conducted prior to including the CR512 triangle area into the current redevelopment district in the riverfront. The City Manager said funding did not come in until the year 2000. He said there is merit to including the new property but it is still under study. He further noted that City Council acts as the Community Redevelopment Agency as allowed by Florida Statutes. Mayor Barnes called recess at 8:17 p.m. and reconvened the meeting at 8:30 p.m. All members were present. 12. OLD BUSINESS 13. NEW BUSINESS City Council members, by unanimous voice vote, decided not to add a proposed beach renourishment support resolution to the agenda. 03.040 169-184 Waive Biddinq Requirements and Approve $15,000.00 to Melrose Pyrotechnics to Produce a Fireworks Show for Pelican Island Centennial Celebration on March 14, 2003 ('Public Works Transmittal 2/3/031 Proposal) MOTION by MajchedBarczyk "Move to waive the competitive bidding procedures and approve $15,000.00 for Melrose Pyrotechnics to produce a fireworks show for the Pelican Island Centennial Celebration on Friday, March 14, 2003." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Nine 03.041 185-186 Authorize the Final Preparation of a Contract for the City of Sebastian for Residential and Commercial Solid Waste Collection Exclusive Franchise Aqreement with Waste Mana,qement, Inc. (GSA Transmittal 2/6/03, Matrix) The City Manager briefly explained the extensive RFQ process that was undertaken; resulting in receipt of five responses and finally resulting in a short list of the top two firms, Treasure Coast Refuse and Waste Management. He discussed the negotiation process with the two firms and the final decision to recommend Waste Management which, he stated, could offer the best service to the City. George Geletko, Waste Management, introduced Ken McCloskey, who submitted a packet of information for each Council member, and presented his company's commitment to the City of Sebastian (see presentation handout attached) He responded to questions from Council relative to storage of vehicles, involvement in Keep Indian River Beautiful, said there would be two trash and one yard waste pickups per week, a holiday schedule would be worked out, and said his supervisor's office is in Vero Beach and eight customer service agents are in Melbourne. Sal Neglia said scare tactics are being used to get people to vote for mandatory trash pickup, and urged Council to keep Capital Sanitation. Ron Rigby, Executive Vice-President, Capital Sanitation, justified the service problems his company had encountered over the years, citing a questionnaire he provided to his customers which, he said, puts Capital in the 90th percentile. The City Manager said this process was not a bid process, but a request for proposals, staff is not recommending a ten year franchise but a five year proposal, this proposal includes commercial collection which will come in lower than other proposals. Ron Rigby responded to the City Manager's comments. Dean Mosely, said it seemed that the process used made it very hard for a small business to respond, and it was not a fair playing field for the present collection company. Regular City Council Meeting February 12, 2003 Page Ten Keith Miller, 961 Riviera Avenue, Sebastian, spoke in favor of Capital and that it doesn't matter what time they pick up or how they pick up. Baxter Coston, Sebastian, asked why the City had not heard from Waste Management before this. Ruth Sullivan said it concerns her that the sealed bid process was not used and said the Iow bid should be chosen. Ben Hessens, Academy Terrace, Sebastian, said the community was built on small businesses and Capital Sanitation should be selected. Glen Rohmer, Sebastian, said all businesses get complaints and when you deal with the public you get complaints. He said if Council agrees to stay with Capital, Sebastian Gym and Fitness will donate $20,000 for a new truck. He gave Mayor Barnes a list of 48 names of people who wish to keep Capital. Nathan McCollum said he hopes any contract will state that the company is not allowed to do any political advertising for mandatory pick-up. In response to Mr. Coniglio, the City Attorney said when doing a franchise you don't bid it, but are loaning some of your sovereign powers to a company. In delegating your governmental powers, you are looking at service and experience. He said there is an Attorney General opinion that the city is under no obligation to go through any specific purchasing process because in effect, the city is giving something. Dean Mosely, said he was a town attorney and that most towns in Florida do use a bidding process. MOTION by Coniglio/Majcher "My phone rings a lot, with that in mind, I would move to authorize final preparation of a contract for the City of Sebastian residential and commercial solid waste collection exclusive franchise agreement with Waste Management, Inc., as stated in the above summary without any exceptions to the words how they decide to advertise their product as we would not stop anyone else advertising for or against any product." 03.042 187-188 Regular City Council Meeting February 12, 2003 Page Eleven ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Roll Call carried 4-0 14. CITY ATTORNEY MATTERS Discussed the political sign question, noting that he will have to figure out regulatory structure and why you regulate them in people's properties. He suggested some proposed language to limit signs in contiguous properties owned by one party. He said there needs to be an right-of-way agreement worked out with the County. He said he will quickly restore a portion of the noise ordinance relative to hours of operations but there are other areas of those regulations which will need more review. 15. CITY MANAGER MATTERS A. Request from Code Enforcement Board Chairman 16. It was the consensus of Council to authorize purchase of city polo shirts for Code Enforcement Board members. Mr. Barczyk did not vote. CITY CLERK MATTERS Announced for the benefit of the public that there will be no candidate names on the March 11,2003 ballot due to the fact that only three candidates qualified for the three seats, congratulated Mr. Barczyk, Mr. Coniglio, and Nathan McCollum all of whom will be deemed to be automatically elected on March 11,2003. She noted however, that there will be a ballot question relative to solid waste collection and that there will be a republican primary for the late Howard Futch's 26th District seat on March 11th and a special election on March 25th; and that due to the fact that the County has a ballot question, there will be no need for a city canvassing board. Regular City Council Meeting February 12, 2003 Page Twelve 17. CITY COUNCIL MATTERS A. Mr. Barczyk None. B. Mr. Coniqlio -Congratulated Finance Director on his audit. -Stated golf course in great shape. -Asked for city well report. The City Manager stated that would be presented in a couple of weeks. C. Mayor Barnes -Asked about the FDOT striping on the east side of US 1. The City Manager stated an arrangement should be coming soon to make the striping more clear. -Stated he spoke to Supervisor of Elections Kay Clem regarding November municipal elections and that she was available to visit April 9th which is after the ordinance is scheduled to be read the 2"d time. There was a consensus to discontinue with the ordinance. The City Attorney advised not to adopt the ordinance at the next reading. Mr. Coniglio announced Mayor Barnes was appointed Chairman of MPO today. D. Mr. Hill Absent. E. Mr. Maicher -Inquired on park amenities planned for the 300 acre conservation area. The City Manager stated the county is looking for a pa. rtnership but the City has not received any solid plans to review as of yet. He further stated that the county made the commitment without partnership requirements and they have 7 years to comply with the commitment. Regular City Council Meeting February 12, 2003 Page Thirteen 18. Being no further business, the Mayor adjourned the meeting at 10:00 p.m. Approved atthe 2-26-03 Regular City Council Meeting. Walter W. Barnes Mayor ATTEST: · , ~,..... /"'""I '~'~iiy A-. rv~ib, CM(~ City Clerk CIH OF I qA_ TIAN HOME OF PELICAN ISLAND 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 26, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Ray Coniglio City Council Absent: Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Public Works Director, Terry Hill Chief of Police, Jim Davis General Services Manager, Paul Wagner Regular City Council Meeting February 25, 2003 Page Two J AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-2~) None. 6. PROCLAMATIONS~ ANNOUNCEMENTS 03.034 A. Recognizing the Centennial of the Pelican Island National Wildlife Refuge Mayor Barnes read the Proclamation recognizing the centennial that will be celebrated in March 2003 and presented it to Beth Mitchell, Sebastian River Area Chamber of Commerce Director, who addressed the audience about the event. 7. PRESENTATIONS Certificate of Appreciation to Gene Rauth for Planning & Zoning Service Certificate of Appreciation to Alan Schofield for Code Enforcement Certificate of Appreciation to Ed White for Construction Board Mayor Barnes read and presented certificates of appreciation to Mr. Rauth, to Adrina Davis for Mr. Schofield, and Mr. White was not present. D. Presentation by Representatives from Comcast Cable Corporation The City Manager noted that this item was postponed to March 12th. E. Well Monitoring Presentation by City Engineer David Fisher The City Engineer gave an update on City well levels (see data attached), and responded to questions from City Council relative to need for further restrictions. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 1-14 A. Approval of Minutes - 2/26/03 Regular Meeting 03.032 15-16 Bo Approve the City Manager Travel to Florida City and County Management Association 57th Annual Conference in Daytona Beach, Florida on May 14-17, 2003 (City Manager Transmittal 2/19/03) Regular City Council Meeting February 26, 2003 Page Three 03.034 C. 17-18 Authorize the Sales of Beer and Wine at Riverview Park for Arlo Guthrie Concert and Fireworks Show on Friday, March 14th, 2003 from 5:00 p.m. until 11:00 p.m. in Designated Area of Riverview Park for Pelican Island Centennial Celebration (Public Works Transmittal 2/19/03, Letter) 03.034 D. 19-20 Authorize the Closing of the Yacht Club Boat Ramp on Thursday, March 13, 2003 at 8:00 p.m. Until Sunday, March 16, 2003 at 8:00 p.m. for Pelican Island Centennial Celebration (Public Works Transmittal 2/19/03) 03.043 E. 21-22 Authorize an Entrance Fee for the Spring Fling Dance Hosted by the City of Sebastian's Team to Benefit the American Cancer Society on March 28th, 2003 from 6-9 p.m. (City Clerk's Office 2/19/03) 03.044 F. 23-26 Authorize the Transfer of Ownership of Aerotrace, Inc. Airport Lease (Airport Transmittal 2/19/03, Letter, Consent) 03.025 G. 27-34 Authorize Change Order #2 to Camp, Dresser & McKee Contract in the Amount of $39,440 and Appropriate Funds in the Amount of $25,856.00 (Engineering Transmittal 2/20/03, Proposal, Change Order) 03.045 H. 35-36 Award Contract with Summerlin's Seven Seas for Pedestrian Bridge and Finger Pier for Schumann Lake in the Amount of $31,000 (Engineering Transmittal 2/19/03, Bid Tab) 03.046 I. 37-50 Waive Formal Bidding Procedures and Authorize the Purchase of New Holland EC-15 Mini-Excavator from Florida Tractor & Equipment for $19,310 less $1,800 Rental Allowance off GSA Contract and Appropriate $17,510 from Discretionary Sales Tax Un-Appropriated Funds (Engineering Transmittal 2/19/03, Quotes, Brochure) 03.047 J. 51-52 Authorize Payment Estimate # 12 to Asphalt Recycling and Appropriate $21,069.34 to Close Project for Total Expenditure of $55,460.52 (Engineering 2/11/03, Contractor Request) 03.048 K. 53-56 Authorize Change Order #1 for Restroom Repairs by Flinn Construction in the Amount of $3,096.00 (Public Works Transmittal 2/10/03, Change Order, Exhibit A) 03.049 L. 57-58 Award Contract for Construction of Baseball Fields at Sebastian Elementary and Pelican Island Elementary to T.D.I. International of Stuart, Florida In Total Amount of $113,998.00 (Public Works Transmittal 2/19/03, Bid Tab) Regular Ci~ Council Meeting Februa~ 26,2003 Page Four 03.050 M. 59-60 Award Contract to Florida Door Control, Inc. in the Amount of $7,588.00 to Furnish and Install an Automated Access Control System, and Authorize Staff to Execute an Agreement for Same (GSA Transmittal 2/20/03, Tab) 03.009 N. 61-64 Authorize Change Order for Additional Software and Services from I.M.C. For Records Management and Computer Aided Dispatch Software in The Amount of $6,700.00 (PD Transmittal 2/19/03, Appendix I & Appendix II) MOTION by Barczyk/Coniglio "Move to approve consent items A-N." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Roll call carried 4-0 9. COMMITTEE REPORTS/RECOMMENDATIONS 03.039 65-86 Code Enforcement Board I. Interview Unless Waived and Appoint Regular Member Position Which Will Expire 3/1/2006 (City Clerk Transmittal 2/19/03, Applications, Ad, Board Member List) MOTION by Coniglio/Hill "1 move to appoint Leon Griffin to the regular member position which will expire 3/1/2006." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Roll Call carried 4-0 4 Regular City Council Meeting February 26, 2003 Page Five Mayor Barnes then asked for candidates to fill the alternate position. MOTION by Coniglio/Hill "1 move we appoint Robert F. Manuel to the alternate position which will expire 3/1/2006." *Note the expiration date of the alternate position was not provided to Council. This position will expire 6/1/2004. ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - aye Roll call carried 4-0 II. Interview Unless Waived and Appoint Businessman Position Which Will Expire 3/1/2006 (City Clerk Transmittal 2/19/03, Applications, Ad, Board Member List) MOTION by Barczyk/Coniglio "1 nominate Mr. Simmons to retain his position as permanent member." ROLL CALL: Mr. Coniglio - aye Mr. Majcher- absent Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll call carried 4-0 10. PUBLIC HEARING - none 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of 10 minutes each speaker Adrina Davis, Sebastian addressed City Council with his concerns about recent newspaper articles about Waste Management layoffs nationwide. Regular City Council Meeting February 26, 2003 Page Six Bill Germann, Sebastian addressed City Council on the same subject and questioned whether anyone else had received complaints. Mayor Barnes and the City Manager responded regarding the complaints received over the years. 12. OLD BUSINESS - none 13. NEW BUSINESS 03.051 87-98 Authorize the J & S Aviation Buyout Agreement in the Amount of $85,000 (Airport Transmittal 2/19/03, Agreement) The Airport Director presented the buyout agreement. The City Attorney noted the need to add the word "day" on the first page of the agreement. MOTION by Barczyk/Coniglio "Move to approve the attached buyout and relocation agreement and authorize staff to execute same." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Roll Call carried 4-0 03.052 99-102 Resolution No. R-03-07 Establishin.q an A.qreement to Loan the Riverfront Redevelopment District $108,000 for the Purpose of Fundinq a Redevelopment Plan (GMD Transmittal 2/20/03, R-03-07) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING AN AGREEMENT TO LOAN THE RIVERFRONT REDEVELOPMENT DISTRICT $108,000 FOR THE PURPOSE OF FUNDING A REDEVELOPMENT PLAN; ESTABLISH A USE OF FUNDS; ESTABLISH A RATE OF INTEREST; ESTABLISHING A TERM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Resolution No. R-03-07 by title, and the City Manager explained the purpose of the loan program, and noted that a representative from Iler was present to respond to questions. 6 Regular City Council Meeting February 26, 2003 Page Seven The City Attorney stated the scope of services should be amended to note that if it is determined after Task 11-2 that separate CRAs are appropriate, that separate plans will be prepared instead of a unified plan. MOTION by Hill/Barczyk "1 move to adopt R-03-07as--was there a change to that--as amended--with that addition." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Roll Call carried 4-0 03.053 103-108 Authorize the Agreement with Iler Planninq Group for Implementation of Phase II of the CRA District Expansion Plan (GMD Transmittal 2/20/03, Scope) The City Manager stated the adjustment would be included that the City Attorney is comfortable with as previously stated. MOTION by Coniglio/Hill "1 move to authorize the City Manager to enter into a consultant services contract with the Iler Planning Group for phase II of the CRA project as amended." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - aye Roll Call carried 4-0 Regular City Council Meeting February 26, 2003 Page Eight 03.054 D. 109-110 Award and Authorize the RFQ/Contract to Suffolk Construction Company Inc. from West Palm Beach, Florida in the Amount of $35,953.00 and Move to Appropriate Same to Fund the Proiect (GSA Transmittal 2/10/03, Request for Qualifications) The City Manager explained the review process that resulted in a recommendation to enter into a contract with Suffolk Construction Company Inc. He noted that Suffolk had entered into an agreement with local contractor Mickey Capp of Capp Custom Builders. He then introduced Rick Gonzalez, REG Architects for an update on the design. Mr. Gonzalez described the three year project which began in 2002 and should be completed in the fall of 2004, at which time work can begin on the existing city hall building and outbuildings. TAPE I-SIDE II (8:04 p.m.) Adrina Davis congratulated Mickey Capp and City Council for this agreement. MOTION by Coniglio/Barczyk 14. 15. ROLL CALL: Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 4-0 CITY ATTORNEY MATTERS Commented that he is reviewing bond documents that will be presented in the future. CITY MANAGER MATTERS None. Regular City Council Meeting February 26, 2003 Page Nine 16. 17. 19. CITY CLERK MATTERS Said that Mickey Capp built the City Clerk's vault in 1990, and was always available to help when needed. CITY COUNCIL MATTERS A. Mr. Coni,qlio Introduced his new granddaughter Katherine Shear by way of picture. B. Mayor Barnes - none C. Mr. Hill Congratulated Mr. Coniglio's daughter. He also congratulated his colleagues for their vote to proceed with a solid waste contract. D. Mr. Maicher- absent E. Mr. Barczyk Being no further business, the Mayor adjourned the meeting at 8:15 p.m. Approved at the March 12th, 2003 Regular Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC, City Clerk HOME OF'PEUCAN ISLAND Subjectz Florida National Register Review Board, Tallahassee, FL .ager % - ce'Rmoor ' Agenda No. __ O,5. D~._____ Department Origin: Date Submitted: 3/05/03 For Agenda of: 3/12/03 Exhibits: Letter dated February 24, 2003 From Florida Department of State regarding the Old Town Sebastian Historic District EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION N/A [ N/A REQUIRED: N/A SUMMARY We were recently notified that the Old Town Sebastian Historic District has been proposed for nomination for listing in the National Register of Historic Places and will be reviewed by the Florida National Register Review Board on Tuesday, March 25, 2003 at 12:30 p.m., Tallahassee, FL. RECOMMENDED ACTION Move to authorize the City Manager to travel overnight to Tallahassee, FL to attend the Florida National Register Review Board Meeting, on Tuesday, March 25, 2003. FLORIDA DEPARTMENT OF STATE Kenneth W. Detzner Secretary of State DMSION OF HISTORICAL RESOURCES February 24, 2003 Address Reply to: Gary V. Goodwin Historic Preservation Planner (850) 245-6333 or 1-800-847-7278 Mr. Terrance R. Moore, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Old Town Sebastian Historic District Dear Mr. Moore: We are pleased to advise you that the above property has been proposed for nomination for listing in the National Register of Historic Places. You are invited to attend the public meeting at which the nomination proposal will be reviewed by the Florida National Register Review Board. The Board will meet at 12:30 p.m. on March 25, 2003 in the R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida. A copy of the meeting agenda is enclosed. If the Review Board finds that this property meets the criteria for such listing, the State Historic Preservation Officer may submit a formal nomination to the Keeper of the National Register in Washington D.C., who will make the final decision whether or not to list the property. It is very important to us that you understand the purpose of listing properties in the National Register and what this will mean to you as the owner of a listed property. In addition, you should be aware of your right to object to the listing of your property if it is privately owned, and how to register that objection if you desire to do so. 500 S. Bronough Street · Tallahassee, FL 32399-0250 · http://www.flheritage.com [] Director's Office Fl Archaeological Research [] Historic Preservation [] Historical Museums (850) 245-6300 · FAX: 245-6435 (850) 245-6444 · FAX: 245-6436 (850) 245-6333 · FAX: 245-6437 (850) 245-6400 · FAX: 245-6433 [] Palm Beach Regional Office [] St. Augustine Regional Office [] Tampa Regional Office (561) 279-1475 · FAX: 279-1476 (904) 825-5045 · FAX: 825-5044 (813) 272-3843 · FAX: 272-2340 Mr. Terrence R. Moore February 24, 2003 Page Two The National Register of Historic Places is the Federal government's official listing of historically significant properties throughout the country. It is maintained by the Keeper of the National Register, National Park Service, U.S. Department of the Interior. It includes sites and properties that have been identified and documented as having played a significant role in the prehistoric occupation or historical development of our nation, states, and local communities. There are three basic purposes for listing a property in the National Register. They are: 1) to provide official recognition of its historic significance and encourage consideration of its historic value in future development planning, 2) to provide the property limited protection from any Federally funded, licensed, or assisted projects that might adversely affect the character of the historic property, and 3) to make the property eligible for Federal financial incentives for historic preservation. Listing your property in the National Register will not, in itself, restrict your rights as a property owner to use and dispose of your property as you see fit. Public visitation rights are not required of owners. The Federal government will not attach restrictive covenants to the properties or seek to acquire them. However, if the furore use or redevelopment of the property should require approval or assistance from a Federal agency, the plans for such use or redevelopment would be subject to review by the State Historic Preservation Office and the Advisory Council on Historic Preservation. In that event, we will be happy to furnish information and guidance to help you in planning your activities so as to provide for the preservation of the historic characteristics of the property. This review requirement would also apply to any Federally funded, licensed, or assisted projects undertaken by others that could have an adverse effect on the property. The enclosed fact sheets explain the criteria for listing properties in the National Register and the results of listing in the National Register, with references to major laws and Federal regulations relating to listed properties. We will be happy to provide additional information and to discuss any questions you may have on protection provisions, financial incentives, or other aspects of the National Register program. If your property is privately owned, you may object to its being listed in the National Register by sending a notarized statement addressed to me as State Historic Preservation Officer by Mach 25, 2003. Mr. Terrence R. Moore February 24, 2003 Page Three The statement must certify that you are the sole or part owner, as appropriate, of the private property in question and that you object to its listing in the National Register of Historic Places. It is not necessary to state the reason for your objection, but we would appreciate having that information if you wish to include it. If the property in question is privately owned, and if you as sole owner, or a majority of the partial owners, object to the listing of their property, it will not be listed. If the majority of the property owners in a district object, the district will not be listed. However, the nomination will be forwarded to the Keeper of the National Register for a determination of eligibility of the property for listing in the National Register. A copy of your statement objecting to the listing of the property will be included. If the property is then determined eligible for listing, the protection from Federally funded, licensed, or assisted activities outlined above will become effective, but the property will not be eligible for the Federal financial incentives for preservation. If the owners of a publicly owned property object to the listing of the property, the nomination will be forwarded to the Keeper of the National Register with a copy of their statement objecting to the listing. We would certainly like to have your active support for the nomination of your property, as we feel it reflects an important part of Florida's historic heritage. However, any comment you may wish to send me will be appreciated. We also hope that you may be able to attend the Review Board meeting on March 25, 2003. In the meantime, please do not hesitate to write or call me or Gary V. Goodwin, on my staff, if you have any questions. Sincerely, Janet Snyder Matthews, Ph.D. State Historic Preservation Officer Enclosures Pc: Ms. Christiana E. Jackson Florida Historical Commission Review Board Break Out Meeting Agenda March 25 - 26, 2003 Museum Education Room R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 12:30 p.m. March 25, 2003 Meeting Convenes Introduction of Members and Staff Review of Minutes March 25, 2003 1) 2) 3) 4) 5) 6) 7) 8) March 26, 2003 9) lO) 11) 12) 13) 14) 15) Staff Ann oun cements Review of Nomination Proposals 12:30 p.m. - 5:00 p.m. 1565 St. Augustine Site, St. Augustine, St. Johns County Jungle Trail, Indian River County '.'.'.'.'.'. '. '.' Ortega Historic District, Jacksonville, Duval County i'~'~.~.~.:. :. ~. Old Town Sebastian Historic District, Sebastian, Indian River County ~ Purdy Villa, Eustis, lake County Rosemary Cemetery, Sarasota, Sarasota County '.'.'.'. '.'.'. '.' Osborne School, Lake Worth, Palm Beach County Chinsegut Hill, Brooksville Vicinity, Hernando County 10:00 a.m. - 1:00 p.m. Port Theater, Port St. Joe, Gulf County Roberts Ranch, Collier County Eustis Historic District, Eustis, Lake County Labelle High School, LaBelle, Hendry County (LaBelle MPS) Rosco Miller House, LaBelle, Hendry County (LaBelle MPS) Pfluge-Hull House, LaBelle, Hendry County (LaBelle MPS) Punta Gorda Fish Company Cabin at Captiva Rocks (Fish Cabins of Charlotte Harbor MPS) Other Business Adjourn 'FLOR.II)A DEPARTMENT OF STATE - KATHERINE HARRIS'- SECRETARY OF STATE " The National Register of Histori'c Places is an official listing of sites and properties throughoul the United States that' reflect the prehistoric occupation and historical development of our nation, states, and local communities. It is maintained by the Keeper of the National Register, National ~ark Service, U.S. Department of the Interior. : [he following criteria are used by the State Historic Preservation Officer and the Keeper of the qational Register in evaluating properties for eligibility for listing in the National Register. ~riteria for Evaluation: 1) Districts, sites, buildings, structures, and objects may be considered to have significance in American history, architecture, archaeology, engineering, and/or culture if they possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: a) are associated with events that have made a significant contribution to the broad patterns of our history; and/or 'b) "are aSsociated With the lives of persons significant in our past; and/or c) embody the distinctive characteristics of type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; and/or d) have yielded, or may be likely to yield, information important in prehistory or history. Criteria Consideration: 2) Ordinarily cemeteries, birthplaces, or graves of historical figures; properties owned b religious institutions or used for religious purposes; structures that have been moved from their original locations; reconstructed historic buildings; properties primarily commemorative in nature; and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a) a religious property deriving its primary significance from architectural or artistic distin~tign or historical importance; or b) a buil_difig or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or. c) a birthplace or grave of an historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; or d) a cemetery which derives its primary sigrtificance from graves of persons of transcendent imr)ortance, from age, distinctive design features, or association with historic events: or · In 1992, the Florida Legislature passed legislation that allows counties or cities to grant ad valorem tax relief for owners of properties that are listed or eligible for listing in the National Register or in a local d/strict. When a property is improved its value is increased and the assessment is raised accordingly. The ad valorem tax .legislation provides that the increase in assessed value of the improved property will be exempted for up to. 10 years from taxation for those portions of the'tax bill -. ~:. affected by local option county Or municipal exemption ordinances-. This provision is available for both income and non-income producing properties. Contact your local property appraiser to see if this provision is available. Listing may make a property exempt from certain Federal Emergency Management Act (FEMA) requirements and eligible for some American Disabilities Act (ADA) and building safety code adjustments. For more information, call the Architectural Preservation Services Section of the Bureau of Historic Preservation at (850) 487- 2333. Listing or being determined eligible for listing is not required for receiving state preservation grants. The competition for the grants is intense, however, and this official reCognition adds weight to the argument that a property is significant and should be awarded a grant. For more information, call the Grants and Education Section of the Bureau of Historic Preservation at (850) 487-2333. WILL NOT DO Listing in the'National Register or being determined eligible for listing does not automatically preserve a building, and does not keep a property from being modified or even destroyed. Unless an undertaking is state or federally funded, or regulated by local ordinance, private property owners may deal with their property in any way they see fit. Architects in the Bureau of Historic Preservation are available to provide advice concerning the best ways to approach rehabilitation needs while maintaining the historic character of a property. For more information, call the Architectural Preservation Services Section at (850) 487-2333. · Private owners are not required to open their listed property to the public for visitation. · The federal and state governments will not attach restrictive covenants to a property or seek to acquire it because of its listing in the National Register. BUREAU OF HISTORIC PRESERVATION - R.A. GRAY BUILDING 500 SOUTH BRONOUGH STREET - TALLAHASSEE, FLORIDA 32399-1250 TELEPHONE (850) 487-2333 OR 1-800-847-7278 FAX (850) 922-0496 City of Sebastian, Florida Subject: Resolution R-03-10 Authorization for the City Manager to enter into a five year lease agreements with Riverside National Bank for a MITA 2530 Digital Copier for the Police Department App~~y: City Man~ag~er Agenda No. 0 ~./9 5 ~ Department Origin: Finance Date Submitted: March 4, 2003 For Agenda of: March 12, 2003 Exhibits: · Resolution R-03-10 Authorization for the City Manager to enter into a five year lease agreement with Riverside National Bank for a MITA 2530 Digital Copier. · Copy of one Municipal Lease Contract with Riverside National Bank EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The copier in the common area of the Police Department was purchased in 1995 and is no longer functional as originally intended. Over the past year, it has been repair well over fifteen times. Its cost per sheet is triple the current copiers now in use. Since the City already has a current contract with M1TA for its four existing copiers, this would simply be an extension and addition to the that agreement. The budgets currently existing for Departmental Supplies at the police department will easily absorb this lease cost, since the additional cost of repairs to the existing equipment would have been charged to the same accounts. The additional lease cost will add $144.10 per month over seven divisions or $20.58 per month per division. RECOMMENDED ACTION Move to approve Resolution R-03-10. RESOLUTION NO. R-03-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE YEAR MUNICIPAL LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK FOR THE PURPOSE OF LEASING A MITA 2350 DIGITAL COPIER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current copier in the common area of the Police Department is over nine years old, is slow and often in need of repair; and WHEREAS, the City is able to extend a current agreement in place for MITA copiers at a reduced a reasonable price, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. AUTHORIZATION TO ENTER INTO AND SIGN A FIVE YEAR LEASE AGREEMENT. The City Manager is authorized to enter into and sign a five year Municipal Lease Agreement with Riverside National Bank for the MITA 2350 Digital Copier Machine at price of $144.10 per month. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict herewith are Section 3. EFFECTIVE DATE. This resolution shall take effect on approval. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and Adopted this 12th day of March, 2003. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney NATIONAL.-.I MUNI C AL: LEASE AGREE NT LDLEASE COMMENCEMENT MUNICIPAL LEASE NO. .~AL NAME Ci:ty' of sebastian Police.Department .LING ADDRESS - ' ~ 1;22~5 Main'Street -y . .: . ZIP' ebas.t!i a,n~. ND~INV01CE TO ~HONE ,~ rE~,ON OF ,Mark: Mason r:77.R 589- 53 30 eh.asri Si;rI i;::: *'SEE' S'CHEDULE' leer: is::authodzed~to;;I SELLERNENDOR COMPANY NAME· - . E:..G.,P:.ir :In¢' - ' ADDRESS · -:4~8.9 0'-Okeec.hobe:e* Rd., r Ste.... ,1:~.0.:1 E't Pi:erc e PHONE Lynn:. 'Fis.ke ' )rhe orlg ha'term of'th S lease shall be 60; months... p us such renews sor. extorts OhS;as may be agreeci upon fromt me to:t me..' .' The~monthly rental.payments (exclusive.of applicable.sales~or property taxes if any):: .shell* be as,follows: 1':4':4~. T:O per monthifor, the:first (Plus:applicab e.~sales taxes; if any) i .' . ;$ - per. month~for theJollowing __ (Plus~spplicable sales, taxes;-.if any) Self, Insured Yes. ' No. ' accossorios.~and;parts; n-Cancelable Lease. This:lease~cannot:be: Th:e~und~rsigned~sS0r?~mb~. agreeS~t~.iease t0~th~nderSig~ed~EeSSee, ano to;leaseand rent~from',th~ Lessoi'~ the equi~ )ve;descfibed:(or~ n the SChedu e~. if: anY,=:annexed).With'al[rep ~cement='partS,.-repairs~ .additions, ~sSofies',incorpo~ ~s~.the:.~,Equipmen~and/or::~Property~) :subject=to .the ,tsrms~and!conditiOns~statsd.below.:and; or[the?leverse'si~e :hemoL ~ ' i .. TERM~and~ ~.PAYMEN~SiAcCEpTANCE 0EPROPER~:; subjeciit0;;the: c~m' [:essee,, at-.~ll~iim~ ~keeping..~1 ons. hereinafte~:~stated;rand on.;the..reverseside~hereof; this2.1ease;:shall.be~for, the; brance,:whatsoever; including rn -above statsd~ commencing' Withdeliver,j~ of:the Equipment::described:,above-to ssee :0r:'to an,agent; or,Lessee; wh ch~shall:beevidenced iby:.l~essee~s execution'. ~.Certificate ro¢Acknowledgement:and 'Acceptance :of. Leased.~Equipment made~a -t of,.this:;Agreement, as. furtherproof.of~such-commencement; Upon:delivery, of ~.'Certificate of~,AcknoWledgement'andAcceptance, Lessee~fiasno:dght:to; ,eke, '. reject' or,~repudiate the .Equipment~' Lessee =agmes':tol, pay'the'total~ rental :for ~.term,; which shall be~=the'total'amount0f~all~.rental payments:stated;,above., AIl ,nthly payments~of .rental~;shall'~'be:payable on~thecommencament~date'°f 'this .se-=and:0n~the~same dayof,:each month'~thereafterCand.~sent::to theaddress · acted:by Lessor,' orits successors;oF assigns. Provided,however; ;that;neither'~he ssee nor- any;political, subdivision, thereof'shall be;obligated~to :pay:any,,sums due Less0r~ hereunder from'ad ;va orem taxes.· The~ rents ~ payments, hereunder~shall .absolute:and.unconditional ,withoutr~abatement.'~ se~t-off; or,~counterctaim. ssee~intsnd~' thai rental~payments: hereunder ~to be absolutely: net tQ LesSOr,, and ssee shall.:complyiwith ,the-lawswith respect:to, end,shall:pay all,taxes,~ license d :registration fees;;and,similar charges imposed on. the:ownership;~ possession~ use of'the; Equipmentduring the-term, of.this;lease and shall:payall~taxes Dosed. on. Lessor:,or~ Lessee :withr respect:to.themntal,, payments~and .leasing rOf }~,Equipment~ except,' Federal:orState net income ~taxes',imposed.on:Lessor. e- Equipment identified;herein shall be pumhased from ~such-.vendorsas'_are lected::by, Lessee; provided, however that_upon execution hereof_Lessee.shall }reby:represent. and,.warrant to,,Lessor ~hat'~Lessee has.executed;a~ binding .oblig- onto pumhasetheProperty; Such Propertyrshall.:bedelivered to.the:Lessee~free c :clear ofalhllens::and encumbrances· or interests of:any; oarty therein except the droste.of the:Lessee, and Lessor-hereunder. The-Lesseeshall::at-al[timeskeep ~ Property:freeof:,anyliens:or encumbrances; :Lassorshall.notpay:anymonies~ the, vendor,-orlheLessee-for payment;to the vendor'until· Lessee:certifies to.the seer 1hat, Lessee has accepted,the Equipment- hereunder. seer shall-at all..times retsin title to the Equipment, AIl documents:of.title and' evi- nces of delivery shall be delivered to, the Lessor. Lessee will not change or 'nova any tags, insignia, or lettering which is on the. Equipment:at the·time of livery-thereof'or whichis thereafter placed-thereon indicating Lessor's,ownership ~reof, and at:any time during the lease term, upon, request of Lessor, will affix to ~ Equi~ent in a prominent place, labels plates, or. other marking ·supplied by ,~e~bTstat~hat'the Equipment, is owned by Lessor. Lessee,shall at its expense ~_~~ nd'Lo ese r's title, against.' al lpe rso ns c I ai mi ng age, nsf'or th rough levies~and:reXe~ : : represents~as follows: (a) L~ssee isa govemmentsl'entityand political subdivision of-<tt~e~stateof'.~ Florida, duly created and existing pursuant.to the laws of·theState of Florida, and J- has. the'fall power, and authority.to.enter;into this:.Agreement'and;has':takena I' - appropriate steps to author ze {he'acqu s t on ~of:th~' Property~pursuant to.this': .'. ' Agreement and upon execution hereof~by 'Lessee~ This Agreement shall constitute.;- a legal~ valid and binding~ obligation of Lessee,_enforceablein accordance ,with its ' terms, {b) All-payments hereunder have been, and will be duly authorized:and ~)aid when due out of~funds then on hand and legally available for'such purpose. Lessee will't0 the extent oermitted-by State law and-other tsrms and conditions of~this Agreemem, include in,its budget request for~ eecn successivefiscal·period during the Term of this Agreement a sufficient amount to permit·Lessee'to discharge all its obligations hereunder and. Lessee has,budgeted and available Jot the current:fiscal period:sufficient fundsto comply:with .its obligations hereunder. realty so: as. to-change its.nature'.to-reaL: shall_remain· remove.::the:Equipment without the-consent:of.the: Lessor, 2; :TAXES; :While subjec{'to:this:.lease:and in addition,to the payments to,be made pursuant~to<Paragraph .(t-)~hereof,: Lessee?agrees~to indemnity,and hold.' Lessor:.harmlessfromand,.against'and:~to pay ~Lessor;.. as additional:.rent; : on : . ~ demand'an amount.equal,:toall:.license, assessments,;sale, use,~.reabor,personah ~ ', '" ,property,. gross:receipts.or, other taxes;,' levies,' imposts; duties;orcharges;df:any;.i> ~:~; :' , · -.~vhether'imposed'at:the ncepton or dudng:.the ease'term,.togetherv,;ith:any penal;/:: tles;.fines:or, interest thereon' mposed~ag~ nst~o~-on.Lessor, or:the EqUip'me~t.bY;¢ ? '. · .: any~governmental authority~ upon,or:witl~ respect to the Equipment. or:the purchase: - ownership,' rents; possessi0n;~ q~ti~6n,:~mturn,or sa e:~of~ o'r; receipt of,payments:: · ,.. fOr·the· Equipment·,` except any~.~'e~'a 'or-State' ncome,taxes .if,-any ;payable'by;,,, "-" Lessor; Lessee may contest any such':taxes prior:to payment:With,due:-diligence: and-by appropfiats' proceedings' provided such contest does not;involve, any: adverse risks:to,Lessor'sinterest,hereunder. ": ' * (c) There are. no pending or threatenedlawsuits or'administrative or other proceedings contesting:the authority for, authorization or performance of. or the expenditure'of:funds pursuant to this Agreement. (d) Information~supplied and statements.made by Lessee in any financial statement or.current, budget~prior to orcontemporaneousiy with this Agreement are true and correct. . (e).Lessee~ has' an immediate need' for. and expects.to:make immediate use- of, substantially,ail :the~Property,. which ~need is not-temporar¥~or expected ~to dimin- ish in~-theforeseeable~fUture;and Lsseae:will :not.give-pr or ty, or parity in.the appro- . priation of funds:to~ the.acquisition ,or~.use~of~'any substitute property for~purposes or functions similar-to the Property's. or for the procurement,of.services from a..third party which services: am~substitute for-the~=utllization:of~the Pt'operty by;;the Lessee. ~ (f) There~are no:circumstances;presently affecting the~Lessee that could,,' reasonably beaxpected;to~.alter Its-.foreseeable.need~for:the~:property~ or-:adveree y affect its~.ability~or=willingness~to budget:funds for thepaymant~of sums due=-hereunder. (g) Lsseee~s.';~'ight~to ~erminate,this~Agreemen~,~.sbecified~in.Paregreph,~11~, hereof was:not~an-independentiy:bargained:foF consideration, but was concluded soleiy:.,for thepurpoee,=o[,comply ng w th' the requirements,.of~the;laws~of the' State in- which'Lessee islocated/ ·' ~ ' r ' '1 .J [h) Lessee.has=on hand and legaily-available~ funds fr°m.S°urces::other, than ed~ valorem-taxea,sufficiant~to,make: all.payments' due:,,under this,Agreement dudng~the cur- rent.fiscal.year 'of, Lessea~ Nothing .in thiS: lease shall~be ,construed to constitute a pledge, of ad.valorem taxes..Lessee',has on-hand, legally, available.funds.from ,souroes-othar. than ad valorem~taxss~sufficianbto make~,all payments'dueunder-this:Agreemant,dudng thecurrent fiscal;year ofCLeaeee; and..Leseae,piedgec to make,future payments=over to use. the Propemj for its intended pumoses provided that such equipment.or acces- sories do not impair the value-or utility: of-~he Property.. In that event all such equip- ment or:eccessoriesshall become the property of Lessor together'with the Property. (b) Without the written consent'of Lessor, Lessee~shell: not make any othe~ alterations, .modifications orimprovements to..the .Property except as required.or per- mitted hereunder. Any~other alterations, modifications or imDrovementsto, the' Property shall-immediately become part~of~the'Property;: subject:tothe provisions; hereof/Without:the prior written,consent, of Lessor, Lessee:shall not,affix, or:attach anyof'the Property to any real property.r;The Property shall.remain'personal property: regardlass of~whethe~'it'becomes affixed .or attached~to:.real property or permanent y~ rests- upon any~ real property or. any:improvement::thereon. 7: DAMAGE TO'OR:DESTRUCTIONs, OF, PROPER'P(:' Lessee,~shall bea~ the; - entire-risk of,loss..damage, theft, or destruction of the. PropertyJrom,any~and:every,. causewhatsoever..and no.loss.-oamaga theft: or:destruction 'of'the Property sha 'release Lessee~from the~obligation to paythe-full amount of:the renta :payments.or fromany-other'~obligation under,this Agreement. (a) In-the.avant,that ali or,-any part.or, the Property~is;Iost;, stolen;.destroyed~or damaged beyond,repair.,Lessee.shall-replace, the, samewithlike Prope~An'!good~: repair of:like value,at Lessee's sole cost, and-expense,as:soon thereafter as; possible,, but~in no'event,later.than 60 days aftersuch occurrence, and:any such replacement' shatlbecome,,subject'to ,this agreement.'-'lnsurance proceeds receivedby.Lessor with respect:to any such casualty shall bepaid-to Lessee,if,~such'.P~roperty~is replaced,by Lessee as required' herecnde[. "8, INSURANCE~ Lessee.shall, fo~::the~term of~this.Agr~ement;-;at,,itsown expense, maintain coml~rehensive.liability, insurance~with-.respect:to.the~.Property nsur rig. ~:.. · .against such :risks. and:in such amounts.~as~are, reasonably :required by. Lesso~ from the'lease:term,out,of other;rbudgeted.soumes~of~non,ad'valorem tax~:revenuea. ,time-,to,time.~ln,addition .,Lessee shall;.for.theterm:0f-th s,Agreement~ at its own: ( ~"Thn':;.~,nn.h~:irevi"wnd it~'.nrni.ntnd~r ......... ri 'if ........... d r,=,~ expense'maintain-cesualty~insurence,with~respectit0,tha Propei'ty insudngragainSt~.'''- ~.., . -- .--- ~ ._ . ......... , customa~y,~nsks wth coverage:ata t mesnot: ess. than:the rema n ng Pdnc pa ' ' · sonab y,expects that,: t, sha have:on hand,and legally availabia~, funds-from.soumes . Balance ~eterm ;ed ;.~ of ihe en~ of Less;e'; ' ' : policies:~shall bewith insurers, authorized to,dc 'Property: is~located~and,shall"name, both:Lesso~;and~Lessee ,as insured:as'their . respective interests may~appear:'lnsurance proceedsfrom.casualty Iossas, shail periods, only*from.sourcas .of;fu nds:which 'are.qegally. available-to, make payments~, payable ,to:the:Lessee and~ at~the~,0ption.:otithe.~Lessee,.- Shal!~'~b~- a~plied 'to :eithe under.this. Agreement '~and ,fromsoumss~.of~ fUnds,other than.'ad:valorem taxes, th~.'replacement,' repair, o~' restorat (~n of. the Property or,',(b) paym~nt;0f Balance Dba Lessor~*(asdefined~hereaffer):,.Lesseeshall; upon request, deliver,to: Lessor evidence, at'the: location stated: on,.tha Certificate~of:Acceptance*,executed '*by,~ Lessee 'upon deliv:: expense;. ~ tion.and-operation~of.'.the~Prepemj~ License piatas~.used on;the Property; shall.be issued~ · to and~in-the name°f thaLessee-' f~a~certE catio~ofititle s issuab e with respect..to tha/ Property,¥it:shall: be delivered~to:;the. LeSSee shoWing ;title~to.:be:in~the, Lessor~S..name; 5~ MAINTENANCE.. LeSS°rshall; not: be. °bligated ..tO make an~.~ repairs.'0r;rePlace-. ments:to the, Property;~At; its'~own ,expenss~: Lessee ,shall.service,. repair-and~maintaln~ ther, Properly :in'~as~good~condition;;repair,- appearance~ and' working -orde~as.when delivered. to Lessee~ herounder; ordinary wear 'and ~ear~.from~prope~usa' alone~excepted, and~shall replace any;and ~ell ,parta~thereof Which'.may ~rem time'to time become?om out,..Iost~ ~stolen, destroyed:0r:damaged..~beYond; rePai[ or:rendered~unf t~if0r~-intended use,. fo,'any: .operation,. condition;'sale or. return ohthe Pr Lessor.'s'.fault:.A by~:tha;*Leesee'and ishall be · survive:.the'termination, or,expiration off.this:agreement _ 10;-. N O? R EPR ESENTATION OR~ WARR ANTIES~BY... I~ESSOR~: Lessee~req~ests~: ' Lessor, to purchase~the Equipmen[ fr0m~a se er,(the ~Seller~) and arrange for;del v- --- .ery to Lessee:at Lassee~sexpense, iwhich shall be::deemed;complete~-u~on. Les~ee~S:,; ' acceptance; Lessor- sha I.'have, inoresponsibility~for~ delay,,or [allure= of;S~ller, to~delive[' "the. Equipment. THE'LESSEE~A CKNOWL. EDGES:;THA~ I..ESSEEHA~'SEL.'EC, TED~ :reason whatsoever,-'ati:of~which~replacemants, shall he-,free andclear-of:all,;liens.encum- .' THEEQUIPMENTL.EA'SED~HEREUNDERPRIOR~-O;HAt/ING~REQUESTED:,.r-i'HE : brances-and .claims '0f 0there;; and ,shall..becomepart:of~his proberty,:and ~subject;to;this- LESSOR:TOPURCHASE:,THE;~SAMEFOR~i;.EASlNG~TO:.THEiLESSEE;A~ND~ Agreement~' Lessor, may,-:at~its~option;,:dischargesuch,costs; expenses and;insurance. LESSEE.AGREES THA~:.,.~!'I~ESSOR~HAS;MADEAND;MAKES;NoiREI~RE- premiums :necsssary~ forlhe~mpair~,-.malntenance, and preservation.Of~,the property,and. SENTATIONS' OR'WARI~ES,'OF~AN~.KIND?OR::NAT~RE,;DIREC, TI:y~;OR~.:~i,~.,;,, allsums;soexpendedshalFbe, due from"Lessea,in.addition.to, rantal~payments,,hareunder. INDIRECTLY, EXPRESSOFI~IMPI;.IED[A~S,TO~AN~MA'I~ERWHATSOEt~ER,:-,., 6.: ALTERATIONS; ';:" ' '' ~ ~ ~' ~ ' --r ', . INCL'UDING;:THE: SUITABIL~IT~Y!OF'SUCH~EQUIPMENT~, ,ITS'!'DURA'BII~ITY~ITS:FIT~.~ ' NESS:.FOR.~AN.Y~PART~CUI. ZAR;PURPOSE~i:ITS~MEFICHANTABILI~,,17'S.'~ONDI-:,. /(a)r. Lesseemay, at~ffs~own:-expenss,:installor'place noron, or'attach~o[affix. ' TION;'CAPAclTY'AIVD/OR~ITS~QUACIT~'~':AND'*A'S'r'BETWEEN:~CEssEEAND~' to; the~ Property* such :equ pment~Or accessor es:as maybe necessary, or,conven ant LESSOR. ANDi LESSOR~S;ASSlGNEES~, L.ESSEE CEASESL,THE'~EQUIPMEN,'T~,ASr, THE:ABOVE S GNATOR¥ AFFIRMS THAT HE/SHE IS 'A..DUL~ AUTHORG OF THE GOVERNMENTAL' LESSEE ASOVE;. TiTLE . (TYPE NAME). WITNESS /~r' -'-'~ S'~NATUREt ~~) ~PRINT NAME &TITLE OF WiTNESS NOT BE LIABLE TO LESSEE. FOR ANY LOSS; DAMAGE, OR EXPENSE. OF ANY' KIND OR NATURE; CAUSED DIRECTL 1~ OR INDIRECTLY B Y ANY.ADJUSTMENT THERETO, OR B.Y AN:INTERRUPTION-OF SERVICE OR LOSS OF USE THERE- OF,,. OR FOR:~ANY"LOS~ OF-BUSlNESS~OR DAMAGE' WHA'I~SOEVER~ OR'FOR CONSEQUENTIAL:OR ANY INCIDENTAL DAMAGES HOWSOEVER~CAUSED.. LESSOR'MAI(ES'NO. REPRESENT'ATION- ORr;WARRA'N~'r~'?EXPRESS"OR rMPLIED.~A'S.:TO THE:EQUIPMENT,!]TS:~FITNESS~:FOR ;4NY~PARTICULAI~I~PUR: I=OSE,~ ITS~MERCHANTABIrrlTY~OR:~N.Y~OTHER-:MATTER;*: NOR SHALE ANY 5UCH.:~REPRESENTATION:.-OF~WARRAN.'I~. BY~*THE;SELLER;~TO.~THE~LESSEE BE~BINDING;ON,~THE=LESSOR~NOR;SHAL£~ANY. SUCH~.BREA'CH~RELIEVE LESSEE OF OR;IN,~"ANY' WA Y.~REDUGE ANY~~ OF.THE-EESSEE~S* OBLIG'A~ONS TO'LESSOR AS:SET FORTH. HEREIN:_THIS~DISCL;AIMER~OF~REPRESENTA.· rlONS:AND:,WARRAN.TIES;*AND:LIMITATION:OFLIABILIT3~SHArL~A'PP[Y WITH EQUAL FORCE:A'ND;*EFFECT;TO;~ANY-~CL'AIMS:OF'AN~'THIRD'PARTY O~GAINST"LESSOR~.OR;LESSOR~S~A:SSIGNEE: :lf~the Equipment~is~noLproperly~ nstalled,~does~not~operate*:as represen~ed:or'.warra~ted'by Seller o;~is:,unsatiSfactory-~ ~ or;any~reaSon',~Lessee~shall: make any~ claim o r:account, there0f~-solel~,:against:the~ ~eller :and~sball'never~J3eless.~pay* Lessor;all:mnt~paYable: Under-'this leaSe£:No repre- tentafion: 0n WarrantY. asa, to-the Equ!pment;or~any other;matter:by, the Selle~or.-manu~- acturer~to'the [:essee~shall.~be~ binding: on-~the Lessor*nor.:shall~anybreach-by~the~*=. - ~eller: or'manufacturer,relieve 'Lessee~of::oF in~any-.way~ reduce, any~of.'the~,Lessee!s.~. )bligations~to lhe~ ~Lessopas~set~forth:herain~: Lessor ~ereby~rasSigns"to~l:essee';~.solely* or,the purpose~of~rnaking :and: prosecuting:;ny:such claim;any~rights.qt.may'have igainst ~the-Seller:ifor.;bmach*:0f' warranty, or~ representation .respecting:the~ E~uipmentl .asses undemtands-~and agraes:~that~neither~the Seller ~nor~any~agent:oL the Seller ie, i .asses'is a:bona~fide-goven~mental~ent'~y~'.of 'the' State~0f~ Florida~with - Lessee'~s .fiscal 'ear.-ending~.on~ -' Lessee~doesnot may-inits sole discretion exercise~any, or all 0f the followingremediesin addi- tion to any other remedies-existing under law. or in-equity: (!);Accelerate: ail:payments:remaining 'due for'the entire:~term or'this Agreement; andenforce this. Agreement by appropriate* action-to' col- lect'from general, revenues-of Lessee not arisingfrom'aa valorem tax- etlon'and which are otherwise.'legally available thereforeamounts · due or to_become~due hereunder,' by :acceleration-or otherwise. (2)-Terminate*this Agreement, ~in~which.event,.upon.demand_by Lessor'the following: procedure- (the 'Remedy: P roced ures?);shall"appiy: (a) LE$$EE~ RIGHT. OF. DISPO$1TION~ Lessee shalF(i)**immediateiy cease*any.use or'the Property,:andcause. the-Property~to be:stored in an eppropriate~ piece; (ii) use. its:best efforts~.at. Lessee's' expense to,dispose oFthe*Property.;within,.60, days from .receipt ol such :written-'demand Ifor ani:amount-.which'shall approximatethe ~' equ~pmenrs:"FsirMarke~Value~'-(as~defined~ hereafter):as deter- - ~m!ned.i by-a quelified.appraiser:.The~proceeds.from:the~=saie:of, the - ~equipment'.:shall be forwarded :diractly to,Lessor, and applied':to,~the - Balance-Due Lessor:lf~.theproceeds,areless:than.the:Balance= ' Due:,Lessor the~lessee:shall pay~,the~deficiency to .Lessor.:lf the: : ~" ~ .,p~;0ceedsexceed~Baance. (b): the~ Property~within.that 60 day,:period; theLessee~shall,; at..its :- expense, causepossession-of';the~Property, together.*with= all:docu~ ments.necessary to~transfer'legal.*and beneficial~'tltle~:theret0 and possession: thereof~.to Lessor end,to .evidence~the~termination: of~all :of:Lessee's~interest'in the,Property~to .be,delivered at LessoKs: direction consistent.with..the:'terms;hereof~,Lessormaythen.dis~: ,Thette -:, ments :remaininc otice,of ear, for~wh .=rs;,other~:than e'~romthe~ger ua,to f~law,:o~pt ,. (~) untru (4)- Less~ ' '. transfer'or;ether : 'i or Conditi0n;Or agree-- warranty.~made by' Lessee hereunder'shall be . ~it;or' sUff6r~any; u nauthorized~ass!gn merit, within, the~:State ~of ,'FlOrida~_an'a~ging~ ~_ ·. with, LessOr~a:convenient:time fOr:L~essor s pickup'.ofithat,Property; ,( ii)~execute~a~l~i ' deliver :toil~essor~',~5~:at~LeSSo ~sg~l~(~hs;. alhdocumentsme~essary ~toi~transfer ,legals, - and boner c al~titlelto~t!~e~r~rop~i~Possession~theraof to Lessor:.and:to ev dance (5) ~g ~itsJnabilityto- pay its/ i debts.,as~hey.matureor:applieS'.for,.consents~to,- or.acquiesces in the .appointment of!:a'trustee, receiver:or custodian.for the Lessee. or-sub- antial part.of;its property, :or in theabsence of such application, con- nt or acquiescence, a trustee, receive~ or custodian:is appointedfof ssee*or a substantial part:of' its. Property and.is: not discharged with- six~. (60) days;: or*any bankruptcy·or= insolvency law, or any dissolu- /',(on or liquidation proceeding, is' instituted 'by or against Lessee and, if ~...._,~ instituted against Lessee, is consented to or acquiesced .in by Lessee or is, noLdismissed within60 days; (b) U~pon the occurrence of:any: Event of!Default:.specified herein Lessor Lessee tO=gell,:assignor.transfer~all, or any~'part:of:ltsrigbt, title and~interest in, to and :under:this;AgreementL(including, without'limitation; .those:.wlth. respect to thePropertyand;all payments~.of:any kind;due~or.:which~are to becomes:due.to Lessor:hereunder) and.any such~purchaser(s), .assignee(s)~or. transferae(s);.shall thereafter(jointly, if'more than one)' be.deemed to be the Lesso~ hereunder, except that' Lessor' and Lessee agree end. acknowledge thaL any. such~13urcnas- er,(s),-assignee(S) or:transferae(s):wlll have made' no:representation or warranty, and'therefore, will assume no,obligation, with respect.to the title; merchantability, condition, quality or. fitness of the-Property·for any particular purpose, or'for'the enforcement of any:warrantiesr or'service agreement..made or'assigned to Lessee~by the initial 'Lessor'names herein. Upon' Lessee'sreceipt :of written .' (a)~WlthoUt the pfior,.writt~h, consent:of:~'Lessor,~: Lessee shallmot~:'(i) ~assign, transferipledge~or'hypothecate~orotherwise dispOse,o?this~Agreement~the: ' ~ Preperty;.or'ahy~:part.rther_eof, or any interest';thereof;.(ii)~sublet~the Property,.or- - any part, thereof, or, ( i)~permit the: Property;to: beusedfor any?purpose: not:per~ · mitred'bY-,Paragraph ~':,hereof. :~:"~ ' '' :'{ ~¥"'- ' ' ,' ,i ' ~'/.~i !~.,;, ": · , : '":~.; j .-..?: _(l~)~L:eS'sc~r'sh~il; be:e'nti~ied ~Vith·or.withOutmoticett~,,,or~ithe!Co'nsent (~f; · notice'of. Lessor's sale~ assignment or transfer'of all or-any~part of its interest hereunder. Lessee agrees to-attom'to and recognize any such purchaser(s), assignee(s)~ or transferee(s)~ (jointly if. more than~ one) as the Lessor(s) under this Agreement. Upon assignment, Lessor-is'thereby relieved,of any further obligations~ Upon.written request Lessee agrees to;execute anddeliversuch certificatesorother, instruments.as'may reasonably, be requested..inciuding; but not limited, to. a, separate.acknowledgement'of;assignmant and.~attommant'cer- tificate=in the~customary form as toany, purchaser's, assignee~s or'transferee!s right, title:and:interest in., toand under thisAgreement; and with respect~to the Property~and.the Payments thereafter'dueand'payable pursuant ~m..this Agreement; 1'5, PERSONAE PROPERT~.',The property.is:and:shall at~all :times 'be~and remain personal, property, as 'described in Paragraph~6 (b). 16~-LESSOR[S;RIGHT TO-PERFORM~FOR'EESSEE. If Lessee fails:to make any payment:,or~pefform,'or.comp!y:w!th any,~of .its,covenants~or"obligations'hereunder, Lessor;may,,but sha not be reduired to. make Such payment or perform o~'comply with such~covenants~and~obligationson behalf~of Lessee-and the-amount.of: any such payment'and.the: expenses-(including;bst~not:limited;to reasonable-attorney's:fees) 'incurred;by~',Lessor,in;performing ,orcomptying:~with :such:covenants and obligations, as:the.case may:be~ togethe~-with'interest~.thereon~at'thehighest,.ratepermitted:by~ app icab e.law ,~hall be:payable'by Lessee upon:demand.', : . - " 17; INTERESTON..DEFAUI~T.: If. Less .ee fails'to pay'~anypaymentdueunder'this Agreement~.whether. payments:of: rent.:under~ Paragraph 1,,.payment:of taxes~ under Paragmph~2. or: payment;for.;pedormance by Lessor'of:Lessee!sobligations; :under Paragraph'.,16 or-Otherwise, within.fiffeen,.days:affer the,due date~hereof, Lessee agrees to;pay,Lessor-interest ont.'such delinquant,paymants'from'the date-due until hereto, in- Lessee.'Lessee will'immediately notify Lessor of any change occurring in or to the Property, of :a change in Lessee's address, or in any act or cimumstance warranted or represented by Lesseeto Lessor, or if any Event cf Default'occurs. (h) Use of the. neuter gender herein is for. purooses of convenience only.and shall be.deemed to mean and.include the masculine- or feminine gender whenever and wherever appropriate. (I) The captions set forth, herein are for, convenience~of.reference only. and shall not define or limit any of the terms or provisions-:hereof; ' (j) Exceet as otherwise-orovided herein, this. Agreement'shall be-rbindingupon and.inure to:the benefitof the parties hereto and..their'respective heirsi~executors~ administrators, legal, representatives, successors,and ,assigns where permitted, by this Agreement: 21;PREPAYMENT' OPTION.:.Provided Lessee has complied-with the,terms:and conditions of'thisAgreemant. Lesseeshall?have,the Option,to prepay the,payments due-during'the Term hereof as-to.all but nobless than .all of the. Pmperty~which,is~hen subject ~to:this-,Agreement-.on the date prior.to the'next payment, coming due~,Lessor sh'all be given:written,notice by Lessee of: Lessee~s intention ,to-prepay, 60~days:prior to,the next.paymant, due. An.administrativefee of fifty'dollars'.($50:00)may, be :cnarged Lessee onany such' prepayment. 22:.I.~ATE CHARGES. Whanever any payment:is not, made by Lessee' infulFwithin thirty (30) days' of the date'due, Lessee,agrees to~ pay. to,!~essor; not',later than.on~ month'thereafter, an amount~equal' to 5% of the full,scheduled:payment,' but only to',, the extent allowed.by;law,,.Such, amount,shall:be payabie,in'.addition to: all~ amounts payable by,'Lessee~as:'a'~result of exercise,of:any~.of:the' remedies' heroin.provided; 23;;.SECURITY. INTERESTS'To secu~;epayment';andpedormance~of all obligations Of'Eessee.-to, Lessor ,hereunder, Lessee 'hereby~grants:to Lessor,a,continu ng?security. ~connection :with~this~agreement~ ,must;be. in~wtiting~and~may-be~given'by~certified or interest'in'the Equjpment~and pmceeds;theraof.~ Leesee~shall,execute~one:or~;more registered~mail,:rand~shall~:be~deemed;~t0:have=been~giveni;and-mceived f0rty;eight (48) ~ Uniform CommerciallCode.,financing~statements=in form;satisfactory, to~LessoFt0!per-' hours affera'reg stered,0r:certified?letter'containing such notice 'postageprepaid .is., - fect~the~-security,interest grantedby, Leesor;toLessee~herein; Eessee;shall~.reimburse~ , oeposited~in!the~ united:Statee~mail;: andif.given~,otherwise.shall:,be~deemed.to,have Eess0r,for:any,;searches;ffiings;:recordings; stamp'fees~or'taxes~arising;fmm;the~fiF- ing'o[~rec°rdingof~any.~Uniform~Commercial~ cod~:.financingistatemant~ amendmenti~ ~ -, 19~.~ LIMITATION;ON;~PAYMENTS~.Trhe:'interest'component~of~rental payments due hereunder, is~not,:intended; t0:: andiin,, no event~shall,,~exceed,.,the.maXimum~,rate:permit~ ted'~by aPplicable~.law and~in the,!evant;any~amount',in_excess:of"'the'.maximum,rate' -. permittedlis;paid by~Lessee~or~collected;by,~LeeSor;. than. LesSee~shall~be,entitled=.to ; receive ,a credit.' against any~amounts~thereafter~due hereunder~or any: of. the,amount 'of?such!excess .0r;if.~no:amounts~remain=due~h~-r~under the,.Lessee shall~be;entitled or'termination,.and :this' contract:or, any~othe['instrument~er~statement; Eessee~agrees~.. to: procure for Lessor~such.'estoppel~certificatee; landlord~sormortgagee~s ;waivers',or.- other=similar,documents as~Lessor=~may~,reasonably~request;;Should :Lsseee:be pro-= ~, hibited::(by State. Statues Charter Local,:Ord nancas etc )'fr0m~grant ng~Lessot, a ' security,;interest~in the=.Equipment~.under lease,: thanr th s'paragraph,shal ~be~nu ;and~ void~and:Lessor, shall not,receive .tion'of~both Lessee ~re . , emmentaluse;. purposes 0nly. and, Leasei.the non.breaching party shalr~recover~from'the~breach ng. party expenses-incurred,.as'.a'result~of~.said'.breach,Jncluding,, without;~limitation, reasonable~ or other less ~from. any:loss or.'damage:caused;~therebY including~with~3ut' limitation~ reasonable attomey~'s fees;,~Lessor;may;;f0i',the purpose 0f;;'inspectiOn~ at, all; raasonable times',, enter~upon: any job .build!ng:oripiace~where,.the~'P~mper'~y and ~he. books;and:records of:the Eeesee with reepect!hereto'are.located;. . (b)~,Ti'ime iS:°f'.the essence~ N0:.covenant; or. obligations:hereunder to, be per- . .formed' ~y~Lessee may. be.~waived,except' by'the.~written',consant-or,Lessor:and waiver of any such covenant,or?obligation Or:a~forbearance~to.invoke any, remedy, on any, occasion ~shal -not::const tUte;to, be.:treated':as~a.~waiver~of ,such~covenant :or obligation -or,any other :covenant ~or. obligation~asto.any~other;occasion' and;shall,not'preclude Lessor ,fr0m~invoking 'such remedy_ at.rany:.late~:time~prior .to:the Leesee~'s~cure.of, the condition g ving,dse..to~such~remedy,~.Lessorfs.,dghts.hersunder'are:cumulative~and (c) ~This:Agmement. shall be construed.and.governed.in accordance,with the laws of the State in.which Lessee,is, located;; Should:.theLessee .be ~located~in Florida bothEeeso[-~and Lessee herebyagree~venue for'~all~legal';action;regarding this~ . 'Agreementshall be~in:~St;~Lucie. County, FlOrtda~ ; ' (d).ThisAgreement. c~nstitutesthe entire.,agreement:between the:p~rties and shall~not:be~modified; ~waived; discharged,'~terminated,~amended, altered or changed many respsct:excapt'bya~writtan:documant,.signed by both~LessorandLessee, (e)i~Any',term o~'~provisi0nof:~this;Agreemant!found:tobe prohibited by law or. unenforceable .shall:he-.ineffective to::the extent'of 'such 'prohibition.:or unenforceability without; to the.extant reasonably~possible; invalidating;the remainder~of this Agreement. . , . (f).The Lessor'hereunder'shall have the'right'at.any timeor times, by~notica to Lessee'to designate,or appoint, any person or entity to, act as :agent or trustee' for Lessor,,forany, purposes hereunder. (g),,All'transportation, drayage, rigging, transit insurance premiums',and other charges payable for delivery of the 'equipment to. and.from the premises of Lessee, and ail installation, connect, disconnect and packing charges, shall be paid ,by GEN 408 REM 12,01 lmwitness,hereof~~ the.unders gned Lessor.has du y accepted and executed .this., Lease. this day.. of. , '20 LESS~:: Riversidei NatiOnal. Bank~ :~,;~.;'~.i-~'.' P;O~. Box2078~ Ft: Pier. ce, FL34954 561'-466~1200 (Signature) (Print Name) (Title) EQUAL HOUSING:LENDER MEMBER':F~D3.C. SE, RA STIAI I HOME OF' PEUCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-03-11- Authorizing City Manager to Execute the Community Development Block Grant Agreement Award Contract #03DB-IA-10-40-02-N34 Approved for Submittal by: City Manager Agenda No. Dept. Origin: City Clerk Date Submitted: 3/6/03 For Agenda of: 3/12/03 05.05q Exhibits: DCA Letter dated 2/28~03, Resolution No. R-03-11, Exhibit "A" Contract #03DB- 1 A-10-40-02-N34 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The State of Florida Department of Community Affairs has submitted to the City of Sebastian for execution the Community Development Block Grant Agreement Award Contract #03DB-IA-10-40-02-N34. Three original executed agreements along with signature authorization form, work plans and required documentation must be returned to the Department by March 28, 2003. As you will recall, City Council authorized application for this grant for the first time in 2001 to be utilized for improvements to Louisiana Avenue. Following subsequent CATF meetings, public hearings and application submissions, the City received notification from DCA that an award to the City of Sebastian in the amount of $700,000 had been approved. RECOMMENDED ACTION Move to adopt Resolution No. R-03-11 authorizing the City Manager to execute three original Community Development Block Grant Agreement Award Contracts (#03DB-1A- 10-40-02-N34) for submission to the Department of Community Affairs. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" COLLEEN CASTILLE JEB RUSH Governor ~ Secretary February 28, 2003 The Honorable Walter Barnes Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Community Development Block Grant Award-Contract ff-03DB-1A-10-40-02-1~34 Dear Mayor Barnes: As you are aware, your FFY 2003 Community Development Block Grant (CDBG) application is in the fundable range for an award of federal funds in the amount of $700,000.00. To facilitate further processing of your application, I will need your help in seeing that the enclosed Agreement and required forms are executed and returned to DCA by March 28, 2003. Directions for completion of the forms and obtaining signatures on the Agreement are enclosed. If it is necessary for your local government to approve this Agreement during a full commission meeting, please pursue getting this item on the next agenda now! Please return three executed copies of the Agreement, signature authorization form, work plans and the documentation required in item ¢N of the enclosed instruction sheet to: Colleen Matthews Bureau of Community Development Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 We look forward to working with you in the administration of your CDBG project. If you have any questions, please contact Steve Massey, your area representative, at 850/922-1891. Sincerely, Libby Lane Program Administrator LL/ph Enclosures CC: Jordan & Associates Terrace Moore 2555 SHUMARD OAK BOULEVARD ,, TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Sun¢om 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Hishway, Suite 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 48~-7956 RESOLUTION NO. R-03-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT #03DB-1A-10-40-02-N34 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian applied to the Department of Community Affairs for a Community Development Block grant to be utilized for improvements to Louisiana Avenue; and WHEREAS, the DCA has awarded a grant in the amount of $700,000 and submitted COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT #03DB-1A-lO-40-O2-N34 for execution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, THAT: Section 1. AGREEMENT. The City Manager of the City of Sebastian, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT #03DB-1A-lO-40-O2-N34, attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section its adoption. EFFECTIVE DATE. This Resolution shall become effective upon It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Walter Barnes Vice Mayor James A. Hill Councilmember Ray Coniglio Councilmember Joe Barczyk Councilmember Ed Majcher The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of March, 2003 CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney Exhibit "A" Contract Number: CFDA Number: 03DB-IA-10-40-02-t¢34 14.228 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Sebastian (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal govemment, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS,. the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and the Scope of WOrk, Attachment B, of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachments C and D. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon the date last signed, and shall end twenty-four (24) months after the date last signed, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS (a) Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (b) Recipient requests for contract modification may be submitted at any time.during the contract period. In order to avoid delays which may affect timely close-out of this contract, the Department recommends that modifications be sent at least 45 days prior to the contract end date in order to provide sufficient time for Department approval prior to that date. (c) Pursuant to Florida Administrative Code, Rule 9B-43.03(25), the minimum score Within the fundable range for the application cycle and category in which this Agreement is funded shall be established by the publication and distribution of the Final Ranking after Appeals. Any modification which would reduce the score below the fundable range shall not be approved by tl3e Department. (d) All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (e) Notification of the refund or repayment made by the Recipient to the Department should be sent to the CDBG Program Office at the following address: Department of Community Affairs CDBG Program Office 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen DOllars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) and OMB Circular No. A-87, "Cost Principles for State and Local Govemments," OMB Circular No. A-21. (b) All original records pertinent to this Agreement shall be retained by the Recipient for five years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $10,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 4. Records relating to displaced persons or businesses shall be retained for five years following final closeout or resolution of all claims and litigation, whichever comes last. 2 (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachments A and B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through .Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) Once the Department has issued a monitoring report containing finding(s) and/or concern(s), the Recipient must issue a written response addressing the finding(s) and/or concern(s) and indicating corrective action that has been taken or provide information required by the Department necessary to resolve the issue(s) within the time frame specified by the Department in the monitoring report. (b) At a minimum, the Recipient shall provide the Department with a Closeout Package due within forty-five (45) days of termination of this Agreement, and upon reasonable notice provide additional program updates (c) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payment until they are completed or may take such action as set forth in paragraph (9). "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work (Activity Work Plans) in Attachments A and B. (d) Additional repOrting requirements are addressed in Attachment D Special Conditions. (7) MONITORING; TRAINING; TECHNICAL ASSISTANCF (a) The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A of this Agreement. (b) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described in the approved application and this Agreement in accordance with the requirements of Sections 290.041 - 290.049, Fla. Stat., as amended, Florida Administrative Code, Rule Chapter 9B-43, as amended, and other applicable state and federal laws and regulations. (c) Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written requeSt by the Recipient and/or upon a determination by the Department of Recipient need. 3 · (d) The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such activities. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts' or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its Option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A and Attachment B. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: · 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise, available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 5 (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Susan Fleming Small Cities CDBG Program Department of Community Affairs Telephone: 850/922-1893 Fax: 850/922-5609 Emaii: susan.fleming@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 6 (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convictecl vendor list following a conviction for a public entity crime or (~n 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 a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatorY vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,' bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and 4. have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. '7 Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (h) Should the Recipient fail to enfome the provisions of any promissary note, mortgage, security agreement, or other obligation in any written contract with a beneficiary, co0tractor, agent, or subrecipient who received payment or benefit from funds disbursed under this Agreement, the Department may, with thirty (30) days written notice to the Recipient, automatically substitute itself for the Recipient in said written contract for the purpose of enforcing said written contract and may, at its discretion, continue to administer said Participating Party Agreement or written consent. (i) The Recipient agrees that future changes in applicable laws, rules and regulations governing the Federal and local CDBG Program are applicable to this Agreement on their effective dates, or in the case of Florida Administrative Code, Rule Chapter 9B-43, upon dissemination by the Department of a Technical Memorandum so advising Recipients. Failure of the Recipient to acknowledge receipt shall not invalidate this provision. (j) The Recipient agrees that no member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the goveming body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, Or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (k) The Recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violation Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 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. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds 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. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, including: 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above 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 State of Florida at each of the following addresses: Department of Community Affairs CDBG Program Office 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 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. (e) If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is no.._~t required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and 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 funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). In the event that a copy of the audit report for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for the 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), including a copy of the Recipient's audited schedule of expenditures of Federal awards, directly to the Department at the following address: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahasseel Florida 32399-2100 (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i) An audit performed bY the State Auditor General shall be deemed to satisfy the above audit requirements. (13) PROPERTY MANAGEMENT AND PROCUREMENT (a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Rule 9B-43.014(1 ), Florida Administrative Code, as amended from time-to-time; and relevant state and local laws applicable to procurement of supplies, equipment, construction and services. (b) The Recipient shall comply with uniform standards governing the utilization'of property prescribed in 24 C.F.R. Part 85 and in C.F.R. Part 570. 3.0 (14) SUBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (b) The Recipient will monitor the activities of any subrecipient pursuant to the requirements in 24 C.F.R. Part 5?0 and HUD Handbook "Managing CDBG, A Guidebook for Subrecipients Oversight" dated August 1993. (c) All Recipients or Subrecipient contracts for which CDBG is in any par[ a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any costs incurred after a notice of suspension or termination is received by the Recipient may not be funded with CDBG funds unless previously approved in writing by the Department consistent with 24 C.F.R. Part 85. All subrecipient contracts shall contain provisions for termination for cause or convenience' and shall provide for the method of payment in such event. (15) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) in the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A - Budget; Attachment B - Scope of Work (Work Plans); Attachment C - State and Federal Program Statutes and Regulations; Attachment D - Special Conditions; and Exhibit 1 - Federal Resources. funds. (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $700,000.00 subject to the availability of (b) Any advanced payment under this Agreement is subject to s;216.181 (16), Florida Statutes. The amount which may be advanced is subject to Rule Chapter 9B-43, Florida Administrative Code, 24 13. C.F.R. Part 85, 24 C.F.R. Part 570, Federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. (c) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement (d) All funds shall be requested on forms provided by the Department for that purpose. (e) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the grant apPlication as originally submitted that relate to preparation of the grant application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in. compliance with all other requirements of this contract. (f) Funds expended for otherwise eligible activities prior to the effective date of this Agreement, except for those provided for in this contract or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to this Agreement, are ineligible for funding with CDBG funds. (g) In the event that the Department suspends funding pursuant to the provisions of this Agreement, said suspension shall take effect as of the receipt of the notice of said suspension by the Recipient. Any requests for payment for which the Department has not yet disbursed payment shall be subject to said suspension. (18) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, _Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, this Agreement may be extended for a period of at least six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient receives any interest income, it shall be returned to the Department. 17. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (19) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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. 2.' If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of'Congress, or an employee of a Member of Congr.ess in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this cedification be included in the award documents for all subawards at all tiers (including subcontracts, subgrents, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (20) COPYRIGHT, PATENT AND TRADEMARK (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent of copyright unless the Agreement provides otherwise. 13 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (21) p~ROGRAM INCOME (a) Program Income is defined in Rule 9B-43.003(47), Florida Administrative Code. (b) Program income generated prior to closeout of this grant shall be returned to the Department unless: 1. The program income is used to fund additional units of CDBG activities referenced in the grant agreement under which the program income was generated; and 2. The recipient amends the grant agreement to encompass expenditure of that program income prior to administrative closeout; and 3. The funds are to be expended pursuant to the provisions of 24 C.F.R. Part 570, Sections 290.046-.049, Florida Statutes, and Rule Chapter 9B-43, Florida Administrative Code. (c) Pursuant to 24 C.F.R. Section 570.489(e)(2)(ii)(c), program income retained by a Recipient during the term of this grant must be substantially disbursed before requesting additional funds from the Department. (d) All program income generated after closeout shall be returned to the Department. (e) The Recipient must report program income on hand from this or any other CDBG grant on the semiannual program income report. (22) _LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: Date: Name and title: SAMAS # FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: Name and Title: Shirley W. Collins, Director Division of Housing and Community Development 3_5 Attachment B Scope of Work (Work Plan) Attachment C State and Federal Program Statutes and Regulations By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: 2. 3. 4. 5. 6. 7. 8. 10. 11 12. 13. 14. 15. .16. 17. 18. 19. 20. 21. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Community Development Block Grant, Final Rule; 24 39. C.F.R., Part 570; Florida Small and Minority Business Act, s. 288.702- 40. 286.714, F.S.; Florida Coastal Zone Protection Act, s. 161.52-161.58, 41. F.S.; Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; 42. Title I of the Housing and Community Development Act of 1974, as amended Treasury Circular 1075 regarding drawdown of CDBG 43. funds 44. Sections 290.0401-290.049, F.S.; Rule Chapter 9B-43, Fla. Admin. Code.; 45. Department of Community Affairs Technical Memorandums; 46. HUD Circular Memorandums applicable to the Small Cities. CDBG Program; 47. Single Audit Act of 1984; 48. National Environmental Policy Act of 1969 and other 49. provisions of law which further the purpose of this Act; National Historic Preservation Act of 1966 (Public 50. Law89-665) as amended and Protection of Historic Properties (24 C.F.R. Part 800); 51. Preservation of Archaeological and Historical Data Act of 1956; 52. Executive Order 11593 - Protection and Enhancement 53. of Cultural Environment; Reservoir Salvage Act; Safe Drinking Water. Act of 1974, as amended; 54. Endangered Species Act of 195.8, as amended; Executive Order 12898 - Environmental Justice Executive Order 11988 and 24 C.F.R. Part 55 - 55. Floodplain Management; 56. The Federal Water Pollution Control Act of 1972, as 57. amended (33 U.S.C., s. 1251 et.seq.); Executive Order 11990 - Protection of Wetlands; 58. Coastal Zone Management Act of 1968, as amended; 59. Wild and Scenic Rivers Act of 1968, as amended; Ctean Air Act of 1977; 60. HUD Environmental Standards (24 C.F.R. Part 58); Farmland Protection Policy Act of 1981; Clean Water Act of 1977; Davis - Bacon ACt; Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C.s. 327 et. seq.; The Wildlife Coordination Act of 1958, as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.); Noise'Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; Protection of Histodc and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - EmploymentS'raining of Lower income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 C.F.R. Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.); OMBCirculars A-87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform ACt of 1989 and 24 C.F.R. Part 12. 36. 37. 38. Coastal Zone Management Act of 1972, P.L. 92-583; Archl.tectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; 3.8 ATTACHMENT D SPECIAL CONDITIONS Housing Category The following reports must be completed and submitted to the Department of Community Affairs (DCA) in the time frames indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (9) of this Agreement. bo The Contractual Obligations and MBE Report must be submitted to DCA by April 15 and October 15 annually. The form should report new contractual activity (do not report contracts that have been previously reported). If no activity has taken place during the reporting period, the form must be submitted indicating "no activity". The Request for Funds Form must be submitted to the DCA at a minimum of once per quarter. If no activity has taken place during the quarterly reporting period for which funds will be requested, the form must be submitted indicating "no funds required". The Projection of Contract Payments and Report on Accomplishments to Date Form must be submitted to the DCA four (4) times a year: May 1, August 1, November 1 and February 1. In Section I Funding Projection, if ne funding will be required for the applicable reporting period, the form must be submitted indicating "no funds required". In Section II Accomplishments, all accomplishments must be reported from implementation to date. If there are no accomplishments to report, "no accomplishments to date" must .be indicated. Failure to comply with the above reporting requirements may result in suspension of funding or in the Department's inability to honor Request for Funds. PRE-AWARD REQUIREMENTS: 1 ) This Agreement shall be executed by the Recipient and returned to the Department at its offices at 2555 Shumard Oak Boulevard, Florida, 32399-2100, within thirty (30) days after receipt, in accordance with Fla. Admin. Code.., Rule 9B-43.014(2). All time periods in this Agreement refer to calendar days. After receipt by the Department of the signed Agreement and those submissions required in paragraph two (2) of this Attachment D, the Department will execute this Agreement and return an original to the Recipient. 2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the Department, but in any case, no later than thirty (30) days from the date of execution of this Agreement by the Recipient: A) Develop, subject to the approval of the Department, a detailed consolidated Work Plan for the project as described in the Application. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited submitting plans, specifications, and bid documents to the Department (if required); issuing notices to proceed to contractors; three intermediate dates for completion of portions of the activities (i.e., 33%, 66%, and 100% completion); and submission of the administrative closeout package. Pursuant to OMB Circular A-87, Attachment B, Paragraph 32, funds obligated or expended on activities prior to the effective date of this Agreement are ineligible for reimbursement except those expenses to comply with the requirements of.24 C.F.R. Part 58 and for the application preparation cost detailed in the application. The Department reserves the option of rejecting Work Plans wherein the time frames are not realistic, where proposed funding time frames are at great variance with proposed completion of activities, or where the Work Plans are not sufficient in detail; B) Submit to the Department the completed Civil Rights Profile Form to facilitate the Department's civil rights review; C) Establish a separate non-interest bearing checking account ("the CDBG operating account") for the purpose of this grant. This non-interest bearing checking account shall be used for all CDBG expenditures unless an escrow account is established pursuant to 24 C.F.R. Section 570.511 for payments to contractors for rehabilitation of single-family dwellings or multi-family dwellings containing no more than four housing units. Funds will be dispatched directly to the CDBG operating account. Three copies with original signatures of the attached Signature Authorization Form shall be returned to the Department. Each individual who is asignatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects in writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department; D) Establish, if desired by the Recipient, a separate interest bearing checking account ("the CDBG escrow account") for the purpose of payment of the housing rehabilitation activity expenditures during the term of this Agreement. This interest bearing checking account shall be used only for CDBG expenditures pursuant to 24 C.F.R. Section 570.511 for payments to contractors for rehabilitation of single-family dwellings or multi-family dwellings containing no more than four housing units and shall not be used for payment of administration, relocation, or other purposes. Funds for escrow purposes will be dispatched directly to the CDBG operating account. Each individual who is a signatory on the CDBG escrow account must be bonded. All interest accruing on the CDBG escrow account shall be forwarded to the Department on no less than a quarterly basis for submission to the U.S. Department of Housing and Urban Development; and E) Submit to the Department an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R. Part 12. PRIOR TO EXPENDING MORE THAN $5,000 ON ADMINISTRATION OR WITHIN 90 DAYS: 3) Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Five Thousand Dollars ($5,000), but in any case. no later than ninety (90) days from the effective date of this Agreement, the Recipient shall undertake the following: A) Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; B) ' Should the Recipient be undertaking any activity subject to the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (UP, A), as amended, the Recipient shall document completion of the notice requirements provided in HUD Handbook 1378, Change 4. A non-exhaustive list of activities that would trigger this requirement would be proposed temporary relocation of tenants, acquisition of property, acquisition of easements or rights-of-way, proposed demolition of housing units, or displacement; C) Unless the Recipient has received a letter from the Department approving its procurement policy, the Recipient shall amend the policy to address the Department's review comments and submit to the Department a copy of the amended policy, including documentation of adoption; E) Modify its Housing Assistance Plan to require that any housing unit rehabilitated with CDBG funds must be covered by flood insurance for the period following rehabilitation of the structure to the closeout of the grant contract; and F) The documentation required in paragraph 5 below for any professional services contract. 2O PRIOR TO EXPENDITURE OF FUNDS FOR ARCHITECTURE OR ENGINEERING SERVICES: 4) The local government shall not expend any CDBG funds for architectural or engineering services until the Department has received the information required in paragraph 5 relating to architectural and engineering services. PRIOR TO ENTERING INTO A SOLE SOURCE CONTRACT: 5) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposer procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. WITHIN FIVE DAYS OF CONTRACTING FOR PROFESSIONAL SERVICES: 6) For each procured and executed professional services contract for which CDBG funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which CDBG funding will be requested, submit a copy of the following procurement documents: A) Public notice of the terms of the request for proposals in a newspaper of regional circulation,. including affidavit of publication; B) List of entities to whom a notification of the request for proposals was provided by mail or by fax; C) List of firms which submitted a proposal (only if shod-listing procedure was used); D) Completed shod-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); E) Completed final evaluation / ranking forms; F) Portion of commission minutes dealing with contract award; G) Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); H) Contract (signed or proposed); Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; J) If a protest was filed, a copy of the protest and documentation of resolution; K) A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; L) If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and M) If a professional services procurement will not be undertaken, so advise the Department. 2! ADMINISTRATIVE REMINDERS: 7) No expense to be paid with CDBG funds pursuant to this Agreement may be incurred prior to the effective date of the Agreement, except as provided for in paragraph 6(A) of this Attachment D and except for those eligible application preparation costs outlined in the terms of this application, as received by the Department on or before the application deadline. Funds expended for otherwise additional eligible activities prior to the effective date of this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their- eligibility or addition to the Agreement are ineligible for funding or reimbursement. 8) The Recipient, by executing this Agreement, does thereby certify that there will be. no program income generated as a result of this grant. However, should program income be inadvertently generated, it will be returned to the Department within three working days of receipt of said program income. Program income is defined in accordance with 24 C.F.R. Section 570.489(e) without regard to any excluded amounts. Should the program income be generated from the payment of aloan made by the Recipient to an eligible beneficiary for the purpose of housing rehabilitation, the Recipient may only undertake additional eligible housing rehabilitation prior to closeout with the proceeds of such repayment, or return the program income to the Department. 9) The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973. This documentation must address such things as elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is rehabilitated to any extent with CDBG funds shall be insured under the National Flood Insurance Program until at.least submission of the administrative cioseout package. 10) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 11 ) The Recipient shall expend and document the expenditure of the amount of local government general revenue contribution that is claimed for points on Form CDBG-H-4 in the Application, as it may have been amended through 'the completeness process, and reflected on Attachment A to this Agreement. Except for the CDBG portion of the cost of post-administrative closeout audits and for unreimbursed application preparation cost, these local government general revenue funds shall be expended after the date of the site visit and prior to submission of the administrative closeout. The local government general revenue contribution shall be expended concurrently with expending CDBG funds for the same purpose. The expenditure of local govemment general revenue funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeout. 12) The Recipient shall expend and document the expenditure of the amount of other grant or loan leverage funds that is claimed for points on Form CDBG-H-3(B3) in the Application, as it may have been amended through the completeness process, and as reflected on Attachment A to this Agreement. These grant or loan leverage .funds shall be expended as described on Form CDBG-H-4 after the date of the site visit and prior to submission of the administrative closeout. The expenditure of other grant or loan leverage funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeout. 13) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). 14) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the interior's Standards for Rehabilitation and Guidelines for Rehabilitatin,q Historic Buildin,qs. 15) A deed restriction shall be recorded on any real property or facility acquired or constructed with CDBG funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.489(j). 16) The Recipient shall cOnduct all public hearings relating to this Agreement and performance thereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings .... 17) The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that such updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of such administrative closeout and assessment of penalties which would have otherwise occurred. 18) The Recipient must comply with the Housing Assistance Plan that was provided to the department as part of the application process. The Recipient agrees that this Housing Assistance Plan must be followed when selecting beneficiaries and housing units, and shall only be modified after application deadline with prior DCA approval. 19) For properties constructed prior to 1978, any homeowner, resident, or tenant remaining in, being relocated. from, or locating to any housing unit that is to be rehabilitated or that has been rehabilitated, in whole or in part, with CDBG funds provide under the terms of this Agreement, shall be advised: A) The property may contain lead-based paint; B) The hazards of lead-based paint; C) The symptoms and treatment of lead poisoning; D) The precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards); E) and The need for and availability of blood lead level screening for children under seven years of age; F) Appropriate abatement procedures may be undertaken if lead-based paint is found on the property. 20) The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by contracted activity as defined on Attachment A and on the Work Plans required in paragraph 2(A) of this Attachment D. 21) Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed by the State of Florida, Department of Business and Professional Regulation. 22) Change orders for rehabilitation or reconstruction of housing units which cumulatively exceed one thousand dollars ($!,000) above the original contract amount, shall only be paid with CDBG funds if those change orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8 Housing Quality Standards. 23) All change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or her representative and the contractor and a representative of the local government prior to any initiation of additional work based on that change order. 24) To document completion of construction, each housing unit case file shall contain the following information: 23 A) A statement from the contractor that all items on the initial work write, up and those modified through change orders have been completed; B) An acknowledgment that the housing unit meets the applicable local code and Section 8 Housing Quality Standards, signed and dated by the local building inspector or the local government's housing rehabilitation specialist; C) A signed statement by the housing unit owner or his or her representative that the work has been completed based on the work write-up and change orders. Should all requirements be fulfilled and the homeowner or their representative refuse to acknowledge completion of the work, ,the housing unit case file shall be documented with a statement detailing the stated reason for said refusal; and D) This documentation shall be completed prior to the submission of.the administrative closeout package and shall accompany the administrative closeout package when submitted to the Department. 25) The following data will be provided by housing unit as part of the administrative closeout for each activity providing direct benefit (ie., housing rehabilitation, temporary relocation, hookups, etc.): A) Name of each recipient and address of each housing unit rehabilitated with CDBG funds, the date the construction was completed on the housing unit, and the amount of CDBG funds spent on that housing unit; B) Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household, and the LMI or VLI status of the household; C) The number of occupants in the household, categorized by sex; and D) The racial demographics of the household by number (white, black, Hispanic, Asian/pacific islander. Hassidic Jew or American Indian/Alaskan native; 26) The statistics provided in Number 25 above shall be summarized by activity and submitted with the administrative cioseout package. 27) Any payment exceeding fair market value as .established through the appraisal process established in HUD Handbook 1378 for acquisition of any property, right-of-way, or easement, shall be approved in writing by the Department prior to distribution of the funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid with CDBG funds. 28) The Recipient shall take photographs or video of all activity locations prior to initiating, any construction. As the construction progresses, additional photography or video work shall be done to document the ongoing improvements. Upon completion of construction, a final set of photographs or video of the activity locations will be done. AGREEMENT SPECIFIC SPECIAL CONDITIONS: Not applicable. 24 EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14.228 $700,000.00 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: 1. The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement. The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal programs and State projects included in Exhibit 1 be provided to the Recipient. 25 City of Sebastian, Florida Subject: New Chiller Condenser Coils ~oved. fo/r~ubmittal by: ITerr~_~oore, City Manager Agenda No. 0 5.0 0 0 Department Origin_.R;..Publie Wot Dept. Head: Finance: General Services: Date Submitted: 02/24/03 For Agenda of: 03/I2/03 Exhibits: Written Estimates EXPENDITURE BUDGET REMAINING: APPROPRIATION REQUIRED: $10,412 $10,412 REQUIRED: SUMMARY The Building Maintenance Department in their Fiscal year 2002-2003 budget requested $10,000 to replace the Chiller condenser coils on the Police Department Air Conditioner. Hill York who supplied the unit has given the department the best price in the amount of $10,412. The other two prices, which are attached for your review, are $12,865 and $13,788 respectively. The current system has a small leak and is leaking Freon, and needs to be replaced as soon as possible. Therefore, the time required for formal sealed bidding is not practical, however written quotes have been obtained for price comparison purposes. RECOMMENDATION Move to waive formal sealed bidding procedures, and accept informal written quotes. Award Hill York the installation of new chiller condenser coils for a total amount of $10,412. YORK SERVICE CORPORATION Project Estimate iDa~: N'~v~m~r IS, 20o2 Project cope Hill York is pleased to present the following proposal to repair The Trane Chiller located at The Police Department at the above location which was found to have Corroded and leaking coils ,Hill York will furnish and install new Condenser coils,install new Liquid driers to refrigerant circuit,properly evacuate system and . perform a proper start up,Option #1 reflects the prme for naa) coated coils. O tiaa #2 ,refleets the price for coated coals whmh Hill York recommends due to Io.~tio~ being dose to the Ocean and with a.high salt content in the air,These PricesdaclUde afl'tabor and material to properly perform this task, Note, all work to be performed during normal business hours. NOTE: Any baiLclieg code upgrad- that m%y lm rOquirod are e~cluded, O~Ion 1: Non-Coate~ Coil Price opffon ~ Coated Coil Price $10,412.01) .Sll,89S.00 : ':~9 Submi~d by: ' ,,, AuthOrt2atlon te Pm~oecl - __ D~te: , Feb 13 03 lO:03a RIRREO 8IR OOMD 8S4 ~88 ~010 AWn: Mark Vcidt Proposal AIRREO AIR CONDITIONING 2181 SW $8th T~rm~s Hollywood, Fl~'lda 33023 Ph, (964) ~9-1234 Fax (9~J4) 989-~010 (7t2) C~ty of Setn~tian ~%~ (~2) 1255 Main Strict C:TY, ~'TA"~ In0 ZiP C;(3~E SebmKian, FL. 329~8 j~r~. 2 113 /03 We Propose '~'a'~" m furnish r'm,~tal and ilbor - c,~nl:~lle In a~or~nr~e wflh apacffil~tOfl$ ~, ~r t~ sum ~: Paynn~l lo be ma~e as :'l~aOw~: dOlllam Prop~ to repl~ ~e~orated con~r ~fl ~ T~ Chiller ~t ~ca~d ~ Police Dep~m~t Option ~ 1 * Provide ~d ~t~ Tr~e Fa~ory Noa-Coa~ Condoner Coils · Recover "gvac~ ~d Cha~ System ~ Sta~ ~d Ch~k syat~ Op~nllon ' Pro~ ~o~ ~d CO~ ~r O~on Option # 2 * Provide and llusmll Trane Factory Coaled Coils Recovery Refrigerant * Install New Lklaid Line Driers * Evacnate am1 Cmn'ge S}3tem Start and Cheek Operation Provide Labor and Material Cost for Option # 2: fit 14,698.00 Exclush)ns: * Any item er issue DOt expressly mentioned and included w~tb ~ abram. All work to be pertbrmcd during regular working hours: Monday thru Friday 8:00AM to 5:00PM Acceptance of Proposal D. te: 2/7/2003 TO: City of 8ebtithln AI'I'N: Mlrk Veldt I~6 PA. In Street Setmstl.n, I=loricle 32988 ARROW PLUMBING & AIR 126'1 Jupiter' Perk Drive Jupiter, FL Phone: (H1) 744-4'!7~ Fax: (~el) 744.eott$ Job Description Instellatlon of New Chiller Condeneer Coil,. located on the Police Department Trane Chiller 8cope Of Work Arrow Plumbing & 'Air wlil fumlah end lnet~fl new Condeneer coils on' the Trane Chiller. In~t~ll new coM, replace liquid line drtem, evacuate, and perform oompi~t~ ~rtup, Price Include. all neoeeenry I~bor, end metsrlal~ to complete the Job, Ol~Jon #t: Replac~ condM coll~- Non Coat. d: $ Option ~: mphlcecond~t~ereoil~. Co~:l for C0n'0~iofl: $14,924.00 We recommend InntMling the 00ile with ¢0rro~ion protection, duet= the 01o,~ proximity to the ~4¢~r end high Mit content In the elf. We eppr~clete the opportunity to qu0~ on the ebove referenced project, tdtould you have any que~tlor~ or concarr~, please do not hNIt~te to call. Total: Submitted By: kin KJ~=. Ol~meral Maneger SEBASTIAN HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Construction Board Approved for Submittal by: Agenda No: 03. 005 Department Origin: City Clerk's Offi~ Finance: Date Submitted: 3/4,/03 For Agenda of: 3/12/03 Exhibits: Application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Due to Mr. White's resignation, there is an alternate position available. Move to appoint __ 9/30/04. RECOMMENDED ACTION to the vacated alternate member position to expire HOME. OF I~UCAN ISLAND RECEIVED OF S E~AST~,~N '3FFICE OF OITY 0LERK Z t)3 FEB 12 57 APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: F/~T~..I c~lC HOME ADDRESS' HOME PHONE: '779--' HOME FAX: 7'77-.--,,~g'g-23c:j~ E-MAIL: BUSINESS: (~"-~"¢~") "T"t'-"~..~¢~ d~. ~- .us . ss A D ss: BUSINESS PHONE: ~¢~-~ BUSINESS FAX: 5~ E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~J '~'1¢-~' HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? /t. JO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1' 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 year~ - meets next in 2005) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent boerd) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/.OR EXPERIENCE: (attach sep.ar._ate,resume if'n~_cessary) I , REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS. TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /JO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~.,~.~ 5 ~ ~o-~cJ I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. rovided with, read and understand City ~tian Code of Ordinances Sections 2-166 through 2-173 I have been I~formation relative to a specific board or is available i qu ~pplicant Signature .~l:zbso,ibed a~ld sworn ,o before me ~',~; (-/~. /,_ , ~ : , / as identification. kno~'n to me,//or, has produced ~wp-form~,applicat.wpd rev. 512002 II ,.,,A.,~.~.,~ ~N, v. ROUSSEAU ~' '.:,=.. MY COMMISSION # OD 089531 I1~'~:.-' EXPIRES: March 18, 2006 ~-; ';,~ ~F,'~' Bon~edThmNot~yPub!icUnde~/rlters CITY OF HOME OF PELICAN ISLAND FEBRUARY 10, 2002 PRESS RELEASE CONSTRUCTION BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL AN UNEXPIRED ALTERNATE CONTRACTOR POSITION ON THE CONSTRUCTION BOARD WITH TERM TO EXPIRE 9/2004. ALL BOARD MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED THROUGH WEDNESDAY, MARCH 5, 2003. City of Sebastian, Florida Subject: Presentation by Triad Housing Partners in regards to the proposed Pelican Isles housing development on Louisiana Avenue. Exhibits:CL~etter of request by Triad Housing Partners. Agenda No. O9,03~ Department Origin: Growth Management Traey E. Hass ~ Date Submitted: February 27, 2003 For Agenda of: Marchl2, 2003 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Triad Housing Parmers, L.L.C. recently presented a proposal to City Council in regards to the potential development of 152 apartment units and 18 for sale townhouses. The apartments units will range in size from a minimum of 762 square feet for a 1 BR/1 BA unit up to 1,277 square feet for a 3 BR/2BA unit. The attached letter from David Schultz, of Triad Housing Partners L.L.C., outlines the proposed development including financing for such a project. During the February 12, 2003 City Council meeting, concerns were raised relative to the proposed developments' impact on Louisiana Avenue. Louisiana Avenue was not designed to accommodate the vehicular traffic associated with such a development, even as current improvements are slated for the roadway. In evaluating possible alternative access points for the site, the city owned right-of-way adjacent to the FPL power line appears to be a viable alternative, and a probable solution to the access debate. As such, the City would require the developer to enter into a developer's agreement with the City for construction of said roadway. The anticipated completion of the roadway would coincide with construction of the Pelican Isles project. Triad Housing Parmers has agreed in principle to participate in a cost share agreement with the City for construction of Powerline Road. Representative of Triad Housing will be in attendance to further explain details of their proposed project, including those elements outlined in this transmittal. RIAD February 14, 2003 M r. Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Pelican IslesApartments, Louisiana Avenue, Sebastian, FL Dear Mr. Moore: i appreciate your taking the time to schedule me in front of the City Commission the other night. I was very pleased to hear detailed and intuitive questions form the Mayor and Commissioners. I would like to take an opportunity to provide you with an analysis that we have performed with regard to the revenue stream generated by our development. ! have assumed, for this analysis that the option to defer the entire Recreational Impact Fee for a period of 11 years is chosen by the City. During that 11 year period, the deferred fee will bear an interest rate of 0%. At that time, the entire deferred Impact fee amount ($148,200) would be paid to the City. As mentioned in my prior letter, to guarantee the City's receipt of the deferred Impact Fee, we would agree to place the entire Impact Fee in escrow prior to the issuance of building permits. That way, there can be no issue as to whether the fee will be paid at the expiration of the deferral period. The enclosed analysis does not include the payment of building permit fees or any other permit fee that we will pay at the time of building permit. As you can see, the total projected real estate taxes, based upon the current millage rate of the County and the City's portion of that millage rate (as provided to me by the Indian River County Tax Assessors Office) over the entire deferral period are $271,580. As ! previously described, the unit mix within our development is planned as shown below. As a re..~lt of the fccdback that we received from the City Comission, we are redesigning our plan to incorporate tennis and shuffleboard courts and some additional ground-floor 'senior' accessible units type& We are working on that final plan and will make certain that it caters to all populations while providing a certain benefits to the Sebastian senior population. Unit Type Size Quantity I BR/1 BA 762 32 2BR/2BA 1,065 80 3BR/2BA 1,277 40 One Oakwood Boulevard, Suite 195, Hollywood, Florida 33020 (954) 929-7157, (954) 922-5414 2/14/2003 Page 2 of 2 For your records, I have also enclosed the net present value calculation that the Rorida Housing Rnance Corporation performs in ascertaining whether we have received adequate local government support. The dollar amount required for a threshold local government contribution is $75,000. The net present value of the deferred impact fees for that 11 year period is $78,226. I look forward to our conference call on February 20th at 2 P.M. Again, thank you for the opportunity. Rease do not hesitate to call me with any ques[ions regarding the enclosed information. ~i ncerely, Partners, LLC David Schultz ~ I I I I I I I I I I I ~lnterest Rate . 0% IDeferrat Period IDiscount Deferred Amount Net present Value of Payments at 6.79% Value of Contribution 11 Years 6.79% 148,200 69,974 78,226 Year Month 1 Monthly Payment Due Accrued Interest 1 $ $ 25 $ 3 $ $ 45 $ 55 $ 65 $ 75 $ 8 $ $ 95 $ ~o $ ~ $ $ 12 $ $ ~ $ $ 25 35 $ .45 $ s $ $ 65 75 $ 85 95 $ ~o $ $ ~ $ $ 12 $ $ 1 $ $ 25 $ 35 $ 45 $ 55 $ 65 '- $ 75 $ 85 $ 95 $ lO $' $ ~ $ $ ~2 $ $ 1 $ $ 25 $ 3 $ $ 45 $ 55 $ 65 $ 75 $ 85 $ 95 $ ~0 $ $ 12 $ $ 1 $ $ 2 $ $ 35 $ 45 $ SS $ 65 $ 75 $ 85 $ 95 $ 10 $ $ ~ $ $ ~2 $ $ I $ $ 25 $ 3 $ $ 7 8 9 10 11 45 65 95 115 12 $ 1 $ 3 $ s $ 65 75 95 11 $ 12 $ 35 6$ 75 85 95 10 $ 11 $ 12 $ 1 $ 25 3 $ 65 95 10 $ 12 $ 2 $ 3 $ s $ 65 75 8 $ 95 10 $ 11 $ 12 $ 1 $ 25 3 $ 45 65 75 8 $ 9 $ lO $ 11 $ 12 $ - 148,200.00 HOJ~E OF PELICAN ISLAND City of Sebastian, Florida Subject: Authorize the City Manager to execute a Cash and Investment Management Agenda No. 0 3.0 5 7 Department Origin: Finance(~~ Date Submitted: March 5, 2003 For Agenda of: March 12, 2003 Exhibits: · Cash and Investment Management Advisory Agreement. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A IAPPROPRIATION REQUIRED: N/A SUMMARY Over the past four years the economy has been suppressed, resulting in numerous interest cuts by the Federal Reserve Bank. These interest rate cuts have further resulted in a reduced income stream from interest to the City from its investments over that same time. Following is a graph showing the downward spiral associated with the declining interest earned. INVESTMENT EARNINGS 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 FY2000 FY2001 FY 2002 FY2003 FISCAL YEAR Note: FY 2001 includes some income from the Bond and FY 2003 has been annualized based upon current earnings through February. Although I have diligently worked to invest funds in Callable Agency notes which have returned at least one to two points in excess of the current 1.5% provided by the State Board of Administration Rates, it has become apparent that the investments are not returning the level of income necessary or at least close to previous years. In discussions with other municipal finance directors, outsourcing the treasury function, i.e. investment management, has become a more practical matter in light of the current economy. Most municipalities with larger cash reserves for investment have received and are beginning to see~ returns that have exceeded all in-house attempts at the same return. By outsourcing the treasury function to a highly regarded investment group as well as a subsidiary of our Financial Advisor firm of Kirkpatrick Pettis, we will be taking advantage of a wide array of resources not cm-rently available at this level in the City. In addition, Finance staff will continue to oversee the treasury function although, the investments will be held by SunTrust Bank as custodian and the investment decisions will be made by the investment advisor. Please note that the types of investments are limited by State law and the City's Investment policy thus reducing exposure to potential loss. The investment fees based upon the .001% advisory fee quoted in the contract is estimated to be $8,000 to $10,000 per year based upon the current level of cash available for investment. RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between The City of Sebastian and Kirkpatfick Pettis, Smith, Polian, Inc., Langhoff Brooks division. CASH and INVESTMENT MANAGEMENT ADVISORY AGREEMENT This Cash and Investment Management Advisory Agreement (the "Agreement") is entered into the 13th day of March 2003 between Kirkpatrick Pettis, Langhoff Brooks division (the "ADVISOR") and the City of Sebastian, Florida (the "CITY"). In consideration of the mutual promises, covenants and undertakings set forth herein, the parties hereby agree as follows: 1. Appointment of Advisor. The CITY hereby appoints the ADVISOR and the ADVISOR hereby agrees to provide investment advisory services in respect of the fixed income securities in the CITY'S Investment Portfolio (the "PORTFOLIO"). 2. Appointment of Fiscal Agent. The CITY has appointed Suntrust Bank as Fiscal Agent (the "AGENT") to provide custodial and/or safekeeping services including holding account assets and providing periodic reporting. 3. Services. The ADVISOR shall provide the following services: a. Assist in the development and review of the CITY's investment policies, procedures and strategy; b. Monitor financial markets to identify fixed income investment opportunities consistent with the CITY's investment objectives; Execute discretionary fixed income securities transactions within the guidelines of the CITY's investment policy statement, State of Florida statutes or other guidelines imposed by the CITY and, Provide a monthly statement showing deposits, withdrawals, purchases, sales and maturities of investments, earnings received, and the value of assets held on the last business day of the month. The ADVIS OR shall maintain complete records of all activities transacted on behalf of the CITY. The CITY, by executing this Agreement, does not surrender ownership of the cash or securities comprising the PORTFOLIO. The ADVISOR does not act as a custodian of any assets in the PORTFOLIO or have possession of any PORTFOLIO assets. Upon term/nation of the Agreement all books and records accumulated by the ADVISOR shall become property of the CITY. Except to the extent required by law, the ADVISOR shall deliver to the CITY, following termination of the Agreement, only copies of the requested books and records. 4. Advisor Representations. The ADVISOR represents that it is registered as an Investment Advisor under the Investment Advisors Act of 1940, and that its activities contemplated herein are to the best of its ~owledge, in compliance with all laws and regulations applicable, and that all necessary actions required to authorize such activities have, to the best of its knowledge, been taken. 5. Fees. In consideration of the services performed by the ADVISOR, the CITY agrees to pay the ADVISOR an investment advisory fee. The annual investment advisory fee for providing investment advisory services for the CITY as provided herein shall be 0.10% (10 basis points) of the Security Market Value (MV) of the PORTFOLIO. Fees will be payable monthly and calculated as follows: Total of "PORTFOLIO" MV on 1st day of month + total of "PORTFOLIO "MV on last day of/~ Page 1 of 4 month/2 x .0010/12 Notwithstanding the above, there will be no asset investment advisory fees assessed in respect of funds in the PORTFOLIO invested in either 1) money market funds or 2) Local Government Surplus Trust Fund administered by the Florida State Board of Administration. If and to the extent that the CITY request the ADVISOR to render services other than those to be provided by the ADVISOR under Section 3, such additional services shall be compensated separately on terms and conditions to be agreed upon in writing by the CITY and the ADVISOR. 6. Reports. In order that the CITY may be kept informed of the status and activities of the fixed income investments in the PORTFOLIO concerning which ADVISOR provides services hereunder, the ADVISOR either shall furnish itself, or cause the Broker/Dealer(s) that execute(s) transactions on behalf of CITY to furnish directly to the CITY's Director of Finance, copies of all transaction (trade) confirmations for the PORTFOLIO concerning which ADVISOR provides services hereunder. In addition, the ADVISOR agrees to furnish to the CITY periodic statements relating to the fixed income investments in the PORTFOLIO concerning which ADVISOR provides services hereunder, including details of all fixed income transactions involving the PORTFOLIO, a month-end listing of fixed income investments held in the PORTFOLIO, and a report of the performance of the fixed income investments in the PORTFOLIO concerning which ADVISOR provides services hereunder. Such statements will be furnished to the CITY within fifteen (15) days time after the close of each month. 7. Term. This Agreement shall extend for one year from the date hereof and shall be automatically renewed each year thereafter. Notwithstanding the above, this Agreement may be terminated at any time for any reason by either party, with or without cause, by giving the other party at least 30 days written notice prior to the effective date of termination. 8. Standard of Performance. The ADVISOR will at all times render the services called for in this Agreement skillfully, diligently and to a high quality, professional standard. However, the ADVISOR does not imply or guarantee any profits, any particular results or any freedom from loss in connection with its recommendations or otherwise in performing its services hereunder. 9. Services for Other Clients. It is understood that the ADVISOR provides investment advisory services for other clients. It is further understood that the ADVISOR may provide investment advice to such other clients that differs from the investment advice provided to CITY hereunder. If the purchase or sale of fixed income securities for the PORTFOLIO and one or more such other clients is effected at or about the same time, such purchase or sale shall be allocated among the other clients in a manner deemed equitable by the ADVISOR. 10. Disclosure Statement. The ADVISOR represents that it has delivered to the CITY, at least five business days prior to the execution of this Agreement, its current Form ADV, Part II. By signing this Agreement below, the CITY hereby acknowledges its receipt of said document at least five business days prior to the execution of this Agreement. 11. Modification. This Agreement shall not be changed, modified, terminated or discharged in whole or in part, excep~ by an instrument in writing signed by both parties hereto, or their respective successors or assigns. 12. Successors or Assigns. The Agreement may not be assigned by either of the parties without the prior written consent of the other. The Agreement constitutes the entire Agreement of the parties with respect to the matters contained herein and no modification of this Agreement shall be effective unless such modification is in writing and signed by both parties hereto. Page 2 of 4 13. Applicable Law. This Agreement shall be govemed by the Laws of the State of Florida, and furthermore by the Investment Advisors Act of 1940 and the rules and regulations promulgated by the Securities and Exchange Commission under said act. 14. Vailiditv. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. 15. Mutual Efforts. The terms of this Agreement have been derived by mutual efforts of the parties, and any ambiguities thereto shall not be construed against either party as the drafter of the document. 16. Notification. Notices and reports as called for herein shall be mailed, in the care of: CITY City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attn: Mark Mason, CPA Director of Finance ADVISOR Kirkpatrick Pettis 3504 Lake Lynda Drive, Suite 155 Orlando, FL 32817 Attn: Jeff Larson Copy to: Kirkpatrick Pettis, Langhoff Brooks division 1050 17th Street, Suite 1620 Denver, CO 80265 Attn: Scott Prickett Page 3 of 4 AGREED TO AND ACCEPTED: KIRKPATRICK PETTIS Signature Printed or Typed Name Title Date AGREED TO AND ACCEPTED: CITY OF SEBASTIAN, FLOR/DA Signature Printed or Typed Name Title Date Page 4 of 4 City of Sebastian, Florida Subject: Updated Stormwater Model and Master Stormwater Management Plan by CDM Al~roved fgr'Submittal by: Agenda No. 0 ~. 0~_ ,~ Department: En~.ineering / SWU Dept. Hea~: [ ~~, ~, ~. Date Submitted: 03/04/03 For Agenda off 03/12/03 Exhibits: EXPENDITURE BUDGET REMAINING: REQUIRED: APPROPRIATION REQUIRED: SUMMARY The City contracted with Camp Dresser & McKee (CDM) in 2001 to update an existing stormwater model (initially established by others in a 1996 study) and to develop a master stormwater management plan (MSWMP) for the City. CDM submitted the final report, including the updated stormwater model, in January 2003. A copy of that report was also submitted to St John's River Water Management District (SJRWMD) for their review and comment. The purpose of the MSWMP is to inventory and characterize the primary stormwater management system, update selected hydrologic parameters of the basin, update the existing stormwater model, identify areas that have indicated flooding, and develop alternatives to alleviate both flooding and water quality problems. The updated model and the outline of the MSWMP included in the report identify a number of best management practices (BMP's) and capital improvements required to alleviate flooding problems and improve water quality in the City. A major feature of the overall recommended plan calls for implementation of a "Miami curb" system in selected locations throughout the City. This, in theory, can eliminate many open wet swales and reduce swale maintenance costs. The MSWMP is intended to be a working document subject to further revision and update as dictated and allowed by latest technology and specific permitting requirements. Adoption of the CDM report of January 2003 will enable the City to go forward with further working discussions, detailed planning, approvals, financing, and implementation of the recommendations of the MSWMP by the Stormwater Utility Division of the City's Engineering Department. RECOMMENDATION Move to adopt the Master Stormwater Management Plan, including the updated stormwater model, as outlined in the January 2003 report by / from Camp Dresser & McKee, Inc.