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HOME OF PELICAN ISLAND SEBASTIAN CITY COUNOIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 23, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Father John Morrissey of St. Sebastian Catholic Church 4. ROLL CALL 5. 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-03-14) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 03.085 a. 03.086 B. 03.087 C. 03.088 D. 03.089 E. Certificates of Appreciation for Operation Iraqi Freedom Servicemen Nurse Week 2003 Proclamation Civility Month 2003 Proclamation Municipal Clerks Week 2003 Proclamation Staff Presentation - Update Regarding 2002-2003 Park Development Plan (no backup) 1-4 5-12 03.090 13-36 03.091 37-44 03.092 45-72 03.057 73-94 O3.O93 95-96 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Workshop Minutes - 4/9/03 B. Approval of Regular Meeting Minutes - 4/9/03 Co Resolution No. R-03-17 Florida Dept. of Transportation, Aviation Section Joint Participation Agreement for Phase II of Runway 9-27 (Airport Transmittal 4/7/03, R-03-17, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR REHABILITATION OF RUNWAY 9-27 AND CONSTRUCTION OF A PARALLEL TAXIWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-18 Florida Dept. of Transportation, Aviation Section Joint Participation Agreement for Construction of T-Hangars (Airport Transmittal 4/7/03, R-03-18, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-19 Florida Dept. of Transportation Aviation Section Joint Participation Agreement for Wetland and Environmental Mapping and Reports and Approve LPA Group Work Authorization #13 in the Amount of $36,808 (Airport Transmittal 4/14/03, R-03-19, Agreement, Work Authorization #13) a RESOLUTION Of THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR THE WETLAND/ENVIRONMENTAL MAPPING AND REPORTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-20 Amending the City's Investment Policy Pursuant to Entering an Agreement for Investment Services (Finance Transmittal 4/15/03, R-03-20, Attachment 1, Proposed Policy, Current Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY'S INVESTMENT POLICY PURSUANT TO AGREEMENT FOR INVESTMENT SERVICES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Approval of Fiscal Year 2003-2004 Budget Calendar (Finance Transmittal 4/15/03, Calendar) 2 8. COMMrl-FEE REPORTS/RECOMMENDATIONS 03.094 03.071 97-100 10. 03.095 101-122 11. 03.027 123-148 12. A. Tree and Landscape AdvisowBoard 2003 Work Plan (no backup) PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Second Reading and Public Hearing Construction Noise (City Attorney Transmittal 0-03-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Legal Ad Press Journal 4-9-03) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker OLD BUSINESS First Reading of Ordinance No. O-03-07 Petition for Voluntary Annexation by Forte Macauley Development Inc. for a Proposed 72 acre Planned Unit Development - Set Public Hearing for 5/14/03 (GMD Transmittal 4/16/03, 0-03-07, Letter, Map, Application, F.S. 171.044, O-02-13, Minutes Excerpt from Aug. 28, 2002) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. NEW BUSINESS Ao Resolution No. R-03-21 Adopting an Amended Fiscal Year 2002-03 Budget (Finance Transmittal 4/16/03, R-03-21, Memo, Reports, Schedules) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 03.096 149-154 Authorize the Purchase of an Edgewater Marine Boat and Accessories in the Amount of $44,573.00 from Edgewater Powerboats for the Police Department (PD Transmittal 4/4/03, boat specs) O3.O97 155-156 Appoint Member and Alternate Member to Treasure Coast Regional Airport Noise and Flight Training Working Group (12/11/02 minutes page, information newsletter page) 13. CITY ATTORNEY MATTERS '14. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Barczyk B. Mr. Hill C. Mr. McCollum C. Mayor Barnes 03.098 i. 157-158 03.098 ii. Letter from Parks & Recreation Advisory Chairman Ingui Advertisement for April 28th Workshop E. Mr. Coniglio 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (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 AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: 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 August 20, 2003- 6:00 p.m. - Council Budget Workshop August 13, 2003- 7:00 p.m.- Regular Council August 27, 2003 - 7:00 p.m. - Regular Council st September 10, 2003 - 7:00 p.m. -1 Public Hearing of City Budget & Regular Council September 24, 2003 - 7:00 p.m. - Final Public Hearing of City Budget & Regular Council October 8, 2003 - 7:00 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November 12, 2003 - 7:00 p.m. - Regular Council November 26, 2003 - 7:00 p.m. - Regular Council December IO, 2003 - 7:00 p.m. - Regular Council 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP WEDNESDAY, APRIL 9,2003 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher City Council Workshop April 9, 2003 Page Two 4. WORKSHOP ITEMS A. Canal Seawall Enhancement Policy Introduction by City Mana.qer The City Manager briefly introduced the item, noting that there has been some input from citizens that there had been a policy established by former Council in the early 80's, however, no policy had been located upon review of City records. II. Presentation of Options by Department of En.qineering The City Engineer distributed backup regarding Cape Coral's seawall and canal program, and addressed City Council on the matter, citing his discussions with other cities with canal issues. He stated if seawalls were to be fixed they would be so for aesthetic or hydrologic reasons. He further described the hydrologic quantitative and qualitative considerations, the bottom line concern being the pollutants being discharged into the St. Sebastian River. He said best management practices could include involvement of St. Johns River Water Management District. Policy options are either fix them or don't fix them, and by not fixing them it is not clear what the outcome would be. He said fixing either all of the seawalls or some of the seawalls also has to be considered. He discussed methods for fixing the seawalls and cited the most cost effective and aesthetically pleasing would be a rock revetment. He said he would have to talk to SJRWMD to first determine their position on hydrologic needs. He said a meeting with them will be scheduled within the next two weeks. The City Attorney said there is a twenty-year policy, which is actually not in City law but is written in state law, and that it is a landownere' responsibility to take care of their property. He said what should be in the City's law is at what point do property ownere need to repair their property. He said the City could enact the nuisance law to provide for repaire to be made or else the City can go in and fix it and charge them for the repair. He described how the canals were deepened during development and seawalls were established to protect the houses. He said this law has been looked at three times by reviewing GDC deeds during the 80's, and twice in the 90's. He described special assessment progrems which more specially benefit individuals than the general public, and which would come in to play in this situation. He said there should be guidelines written for how seawalls should be kept, an assessment program might be looked at, all the while taking into account what the hydrologic benefit might be, thus considering that the City might want to take part in the program. 2 City Council Workshop April 9, 2003 Page Three The City Manager said staff has the ability to come back with future recommendations relative to a pro-rata program and also look to SJRWMD to participate with hydrologic quality concerns and funding. He also agreed with Mr. Stringer that a policy should be established. III. Options for Financin,q IV. Questions by City Council City Council discussion followed and there was concurrence to establish a written policy. The City Attorney suggested that the properties to the north were more in need of repair, and that area would be the focus once guidelines were in place, that repairs have been basically piecemeal up to this point. The City Engineer said if the seawalls are not fixed, it is unknown how many properties are in jeopardy if there was a collapse. Public Comment Mickey Groeppler, said she had never heard that it was the property owners' responsibility to maintain the seawall, said she had heard that the seawalls may be constructed of asbestos, and asked why the water supply has been stopped on the north side of CR512. Scott Harloff, asked where the law is located in State statutes. The City Attorney said it is in case law, and Mr. Harlow was advised to contact the City Attorney. He inquired when it had been stated, and was given a copy of 1997 minutes. Bill Ingui, asked that when staff meets with SJRWMD they determine whether asbestos in the concrete can become waterborne. The City Manager said those issues will be addressed. Mr. Ingui asked if his plat map shows that he did not own a portion that he had to purchase from the City several years ago. He further cited a settlement agreement with GDC that turned over property along the canals to the City. The City Attorney said where the canals are in right-of-way, people could not just come in and do repairs, it would have to be a City project, but the financial responsibility would be that of the adjoining property owner. The City Manager said the only area where there is a mix of public/private concern is in the area north of CR512 on Collier Creek. City Council Workshop April 9, 2003 Page Four Frank Garland, discussed people on Ponoka Street that are upset about the thought of them having to repair their seawalls. He discussed his circumstances with the seawall abutting his property and the assurances he received from everyone involved in his purchase that the City owned the seawall. It was the consensus of City Council to direct staff to proceed as discussed at this meeting to establish a written policy. A voice vote carried. Jean Gillette, Joyhaven Drive, agreed an ordinance is needed, requested the repair contract be a sealed bid process to more than one contractor, with minority contractors included, a public hearing to discuss the price, if a price cannot be determined, a 50/50 homeowner and City responsibility be established. 4. Being no further business, Mayor Barnes adjourned the workshop at 7:01 p.m. Approved at the Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 9th, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. The Mayor called the Regular Meeting to Order at 7:06 p.m, 2. The Pledge of Allegiance was recited. 3. The invocation was given by Rev. John Vacchiano, First Church of the Cross 4. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum 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 Finance Director, Mark Mason Police Chief, James Davis Regular City Council Meeting April 9, 2003 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a rnajodty vote of City Council members (R-99-21) Mayor Barnes announced a meeting on April 16, 2003 in the Vero Beach Community Center regarding proposed sidewalks. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation for Arbor Day - April 19th Mayor Barnes read the Arbor Day proclamation and presented it to Cathy Fulton, Chairperson of the Tree and Landscape Advisory Board. B. Proclamation for Confederate History Month - April 26th Mayor Barnes read the proclamation and presented it to Gene Lee, Sons of the Confederacy. C. Proclamation for Prevention of Child Abuse Month - April Mayor Barnes read the proclamation and presented it to John Corapi, Hibiscus Childrens' Center. D. Certificate of Appreciation to Charles Cardinale for Citizens Budqet Review Advisory Board Service Mayor Barnes read the certificate, however, Mr. Cardinale was not present. Adrina Davis said he would bring it to him. E. Proclamation Expressin.q Our Support for Our Troops Mayor Barnes read the proclamation and requested that it be posted in the City. F. Certificate of Appreciation for Operation Iraqi Freedom Servicemen Mayor Barnes read and presented certificates of appreciation to Theresa Schearer, mother of Steven Shearer, mother-in-law of Michael Beames and mother, stepfather and grandfather of John Margnelli. 2 Regular City Council Meeting April 9, 2003 Page Three 1-14 03.077 15-20 03.020 21-38 03.078 39-54 03.079 55-56 03.080 57-62 = CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 3/26~03 Bo Resolution No. R-03-14 City Council Meeting Procedures (City Clerk Transmittal 4/2/03, R-03-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MA'Fi'ERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Co Resolution No. R-03-15 Tesluk Vacation of Easement - Lots 9 and ~ of Lot 8, Block 170, Sebastian Highlands Unit 5 (GMD Transmittal 4/2/03, R-03-15, Site Map, Staff Report, Grant of Easement, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND EASTERN ~ OF 8, BLOCK 170, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Do Resolution No. R-03-16 Fink Vacation of Easement - Lots 20 & 21, Block 83, Sebastian Highlands Unit 2 (GMD Transmittal 4/2/03, R-03-16, Site Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 20 & 21, BLOCK 83, SEBASTIAN HIGHLANDS, UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Authorize City Clerk Travel to FACC Annual Conference in Ft. Lauderdale, June 15-18, 2003 (City Clerk Transmittal 4/2/03, Information) Authorize the City Manager to Execute the State Highway Lighting Maintenance And Compensation Agreement Between the State of Florida Department of Transportation and the City of Sebastian (City Manager Transmittal 4/4/03, Agreement) 3 Regular City Council Meeting April 9, 2003 Page Four 03.010 G. 63-66 03.081 H. 67-68 03.082 I. 69-70 03.083 J. 71-72 DRAFT Approve Final Consolidated Change Order to Dickerson Florida, Inc., General Contractor for Improvements to the CR512/Sebastian Blvd. Alleyway, in the Total Amount of $13,843.62) Approve Learning Nest Third Annual 5K Run at Riverview Park on Saturday, May 17, 2003 from 6:30 am to 10:30 am and Approve the Closing of Indian River Drive from Harrison Street North to Davis Street from 7:30 am to 10:30 am Saturday, May 17, 2003 (Public Works Transmittal 4/3/03, Letter) Approve Riverside Church Assembly of God Singles Festival at Riverview Park On Saturday, May 10, 2003 from Noon until 9:00 pm (Public Works Transmittal 4/3/03, Letter) Approve Sebastian River Art Club Shows on the Dates and Times Listed: (Public Works Transmittal 4/3/03, Letter) Saturdays 10 am-4 pm October 18, 2003 November 15, 2003 December 13, 2003 January 17, 2004 February 21 & 22, 2004 March 20, 2004 April 17, 2004 Rain Dates Sundays Noon-4:30 pm October 19, 2003 November 16, 2003 December 14, 2003 January 18, 2004 None March 21,2004 April 18, 2004 The City Attorney read titles for Resolution Nos. R-03-14, R-03-15, and R-03-16. Item D was removed by Mr. Barczyk for discussion. MOTION by Hill/Coniglio "1 move to approve consent agenda items A-C and E-J." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Item D - R-03-16 Mr. Barczyk inquired whether the applicant owns both lots and if proof of unity of title will be provided. The City Attorney affirmed the application requires a unity of title. Regular City Council Meeting April 9, 2003 Page Five DRAFT MOTION by Barczyk/Coniglio "Hearing that, I move to approve item D." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS - None 9. PUBLIC HEARING - None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Baxter Coston, asked about construction traffic on 132nd Street. The City Manager replied that it is a county road where City codes would not apply. Thomas Allen, 132nd Street, expressed concern for the condition of the road described by Mr. Coston. The City Manager said the street is not in the city limits, therefore, the City can work with the subject property owner. Mr. Allen then said he works at the Vero Beach power plant and appreciates weather reports by Mr. McCollum. Bruce Bell reiterated his concern about publication of the Pelican Brief just prior to the election relative to solid waste. He expressed concern about information he reads in the newspaper that he does not hear at meetings, specifically the idea of Miami curbs. The Mayor responded to him. Mr. Bell then inquired about Iow-income housing and income levels. 11. OLD BUSINESS Presentation by City En.qineer Re.qardin.q Proposed Modifications to Jackson Street Extension/Captain Butcher's Site Plan (No Backup) The City Engineer said the site plan calls for stop signs on Indian River Drive at Jackson Street and asked that the plan be modified to remove them until they are needed. City Council discussion followed on the merits of stop signs in that area, and the City Engineer reiterated the methodology to determine need and requested that his department be allowed to put in a crosswalk at this time and install stop signs when it is deemed necessary. He noted that a police report usually precedes the installation of sign. 03.084 73-76 Regular City Council Meeting April 9, 2003 Page Six DRAFT The City Attorney said a major collector would take a higher trigger to warrant a stop sign. The City Engineer said he had not received a request from the Police Department or anyone for stop signs on Indian River Drive, and this request is to put the ball in the Engineering Department's court to let them make the determination when it is needed. MOTION by Coniglio/Hill "1 make a motion that we leave site plan as is." ROLL CALL: Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - nay Mayor Barnes - nay Mr. Coniglio - aye Roll Call carried 3-2 (McCollum, Barnes - nay) 12. NEW BUSINESS Ao Approve First Renewal Option of Agreement for Professional Services Between The City of Sebastian and the LPA Group,. Inc. for the Period of April 29, 2003 Through April 28, 2004 (Airport Transmittal 4/3/03, Letter) The Airport Director commended LPA Group for the fine work they have done for the past three years and their professionalism, recommended renewal of their agreement and introduced Mark Jansen and David Goode. Mark Jansen gave a power point presentation on the many projects completed so far. Vice Mayor Coniglio asked if the City was making a negative impact on Skydive Sebastian and both men said they did not believe so. The Airport Director also responded that the City must do what is right for all of its residents and minimize any problems for any of its tenants. It was stated that there are no definitive security guidelines for general aviation airports, but the first thing that most airports do is put up fencing. MOTION by Barczyk/Hill "Move to approve the first renewal option of the Agreement for Professional Services between the City of Sebastian, Florida and the LPA Group, Inc. for the period of April 29, 2003 through April 28, 2004." ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 6 Regular City Council Meeting April 9, 2003 Page Seven D AFT 13. CITY ATTORNEY MATTERS Stated that on circle page 11 the minutes should be amended to reflect that he was speaking of himself rather than the City Manager. 14. CITY MANAGER MATTERS The City Manager presented a framed display from the United States Post Office with the Pelican Island Wildlife Refuge Centennial stamp. The Finance Director reported on a memo from Jeff Larson, Kirkpatrick Pettis, regarding pricing on the bond, which will reduce interest on the bond in the amount of $200,000 (see memo attached). 16. CITY CLERK MA'I-I'ERS Reminded everyone about the American Cancer Society Relay for Life at Sebastian River High School on Friday and Saturday, April 11 and 12, 2003, and invited the public to come out. 17. CITY COUNCIL MATTERS A. Mr. Coni,qlio Stated that Indian River County will have a resolution to remove non- incorporated county residents from the county Parks and Recreation Board and he was interested in speaking on that item. City Council members agreed that a City resident should remain on the board. B. Mr. Barczyk Thanked Council for the proclamation regarding the troops and POW/MIA flags at memorials. C. Mr. Hill Thanked staff for all of their efforts. 1. Appointment of Citizens Budqet Review Advisory Board Member He appointed Bob Daberkow. Regular City Council Meeting April 9, 2003 Page Eight 18. D. Mr. McCollum Thanked everyone for the troop presentations and asked that the troop proclamation be put on the city website. Asked whether there was video screening on the website and suggested when able, the Pelican Island Wildlife video be played. Said the Indian River County Commission commended Sebastian and Vero Beach for their comments on the proposed bill relative to cell tower communications and the elimination of the Division of Aquaculture. Discussed countries that are opposed to our activities in Iraq, and asked that country of origin be determined before large City contracts are let. E. Mayor Barnes Stated that the Pelican Island Preservation Society had been overlooked when the City commended all the groups involved in the festival, that he had received a letter from them, had mailed a letter of apology along with certificates of appreciation. Reported that there is a parking ordinance that states you do not park in the right-of-way if there is room in the driveway. Requested a letter be written to the State for installation of receptacles for used fishing line at the Sebastian Inlet. Being no further business, the Mayor adjourned the regular meeting at 8:56 p.m. Approved at the April 23r~, 2003 Regular Council Meeting. Walter W. Barnes Mayor ATTEST: Sally A. Maio, CMC City Clerk 8 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Phase II of Runway 9-27 Approvg~ for Submittal by: Terrenle .M~ ~M~r Agenda No. Department O~~t Dept. Head: Finance: General Services: Date Submitted: For Agenda of: 4/7/2003 4/23/03 Exhibits: (2) - Resolution R-03-17, FDOT Joint Participation Agreement (JPA) for Phase II of Runway 9-27 EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $1,230,000 APPROPRIATION REQUIRED: $ n/a SUMMARY In February of 2003, the City of Sebastian approved the "Buyout and Relocation Agreement" with J&S Aviation Inc. This was essentially the last step in clearing obstructions from the ends of Runway 9-27. In anticipation of receiving Federal funding for Phase II of the project, which is rehabilitation of Runway 9-27 and construction of a parallel taxiway, the Florida Department of Transportation (FDOT), Aviation Section has submitted a Joint Participation Agreement (JPA) in the amount of $61,500, representing their 5% contribution to the total project cost. As a reminder, the Federal Aviation Administration (FAA) is expected to fund 90% of the total cost and the remaining 5% ($61,500) will come from airport revenues. Staff is recommending the acceptance of this J-PA, as it will allow us to further proceed with our plans to reactivate Runway 9-27. Airport staff will be present at your April 23, 2003 regularly scheduled meeting, should you have any questions. RECOMMENDATION Move to approve P, esolution R-03-17, accepting the Joint Participation Agreement entitled "Reactivate Runway 9-2 7, Phase/T' in the amount o£ $61,500. RESOLUTION NO. R-03-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR REHABILITATION OF RUNWAY 9-27 AND CONSTRUCTION OF A PARALLEL TAXlWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the rehabilitation of Runway 9/27 and construction of a parallel ta×iway at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 412384-1-94-01, entitled "Phase II - Rehabilitation of Runway 9/27 and Construction of a Parallel Taxiway" on behalf of the City. This agreement reflects a total amount of $61,500.00 provided from FDOT to supplement an anticipated Federal Airport Improvement Program Grant. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Counciimember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of April, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-O30-06 PUBLIC TRANSP ADMIN 07/02 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 412384-1-94-01 (Item-segment-phase-sequence) Contract No: Fund: DS Function: 637 Federal No: Catalog of Federal Domestic Assistance Number: FLAIR Approp: 088719 FLAIR Obj.:. 750004 Org. Code:, 55042010428 Vendor No: VF596000427008 Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and. City of Sebastian hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the. implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Reactivate Runway 9/27 Phase II and as further described in Exhibit(s). A, B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in w project will be undertaken and completed, h~ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $1,230,000.00 is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a pa'rtThishereof.am°untThe Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $61,500.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation aUthority becomes available. 4.20 Front End Funding: Front end funding (!~) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (-is-) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: FORM 725-O30-O6 PUBLIC TRANSP ADMIN 07/01 Page 3 of 12 6.10 The Project Budget: A project budget shall be prepared bythe Agency and approved bythe Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following . requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits evaluations of state financial assistance or limit the authority of any state agency inspector eneral the A ' or any other state official, g , ud~tor Ge~ 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards ~ fiscal year, the Agency must have a single or program-specific audit conducted n accordance with the provisions or OMB FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 4 of 12 Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Subpart C .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the aWarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name'of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take (~appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four~, Office of Modal Development, 3400 W. Commercial Blvd. Ft. Lauderdale, Flodda, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (2) (3) the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such req uisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 8.25 Default: The Agency has been determined by the Department to be in default under any~-~ provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assis~ to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. ~~12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation FORM 725-O30-06 PUBLIC TRANSP ADMIN 07/01 Page 7 of 12 funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitut~s-~i- certification that the Agency will comply with all the requirements imposed by Title Vlll of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. FORM 725-O30-O6 PUBLIC TRANSP ADMIN 07/01 Page 8 of 12 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter-has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. '14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the g hereunder. ~,~_..,,~.. 14.60 State or Territorial Law: Nothing in the Agreement shall requ re the Agency to observe or enforce -"c'ompliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility 'or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives notice of claim for damages that may have been caused by the Agency in the performance of services required under th is Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notifythe Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: ~ 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 10 of 12 of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available Pdor to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before February 28, 2005 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum .of~two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ~enc 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state y. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 daytime period to health care providers, as defined by rule. interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23,00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontt'actor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or Services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM 725-030-06 PUBLIC TRANSP ADM1N 07/01 Page 12 of 12 Financial Project No. Contract No. Agreement Date 412384~1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PRODUCTION APPROVED AS TO FORM, LEGALITY ATTEST: TITLE: .(SEAL) Fin. Proj. No.: 412384-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Reactivate Runway 9/27 Phase SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other soume with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 412384-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $1,230,000 PARTICIPATION: Federal Participation: FA/~ FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 90.00% $1,107,000 5.00% $61,500 5.00% $61,500 $0 TOTAL PROJECT COST: $1,230,000 Fin. Proj. No: 412384-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the .Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1, Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will. not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall .be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the proiect involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JAClP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D.' Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration:' Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the. land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, Joint Participation Agreement (JPA) Exhibit C Page 5 schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Construction of T-hangars Agenda No. ~.~~)~ ~" ~ Department O~rt Dept. Head~~/ Finance: ~ -- General Services: Appro/~ed for ~nb~l ~ T err q~ c~I~r~, ~a~.g~r Date Submitted: 4/7/2003 \ J'~~/~t ;, For Agenda of: 4/23/03 Exhibits: (~O-~/Resolution R-03 -18, Supplemental FDOT Joint Participation Agreement (JPA) for T-hangar Construction EXPENDITURE REQUIRED: $100,000 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $100,000 SUMMARY In September of 2002, the City of Sebastian entered into a lease agreement with Sheltair Sebastian, LLC, for the construction of forty T-hangars. As you may recall, this arrangement was accomplished as a public-private sector partnership, as Sheltair is using our Florida Department of Transportation (FDOT) grant dollars to build the hangars, then paying the City of Sebastian an annual 7% return on all grant dollars used. Our lease agreement with Sheltair Sebastian states that there was approximately $825,000 grant dollars available to them for construction of the hangars. What both parties failed to realize is that nearly $100,000 of this money was used for the design and engineering of the facility, leaving only $725,000 for construction. Based on this fact, the FDOT, Aviation Section has agreed to supplement our existing Joint Participation Agreement (JPA) entitled "Construct T-hangars" by adding $100,000 to make up for this difference. The total of this supplement to the JPA is for $125,000. FDOT is supplying $100,000 and the City's $25,000 match is coming fi.om Sheltair Sebastian, LLC. The City of Sebastian will not have to provide any matching contribution in this circumstance, as we are essentially just passing the grant on to Sheltair Sebastian. As with our previous T-hangar grant agreements, Sheltair will pay us a 7% return on this money as well, meaning a possible annual revenue of $7,000 per year for thirty years, if all of the grant dollars are used. In the event that all of these dollars are not used, the remaining funds can then be converted to any security related project for the airport. Finally, in an effort to further clarify the two grant agreements between the City of Sebastian and Sheltair Sebastian, please see the tables below: Table 1: EXISTING FDOT GRANT AGREEMENTS Grant FDO T Agreement Contribution Name Construct T- Hangars (1) $425,000 Construct T- Hangars (2) $400,000 TOTAL: $825,000 Sheltair Total Project Sebastian Amount Contribution $106,250 $531,250 $100,000 $500,000 $206,250 $1,031,250 Table 2: PROPOSED SUPPLEMENT TO GRANT AGREEMENTS Grant FDOT Agreement Contribution Name Construct T- Hangars (1) $425,000 Construct T- Hangars (2) $500,000 with $100K supplement TOTAL: $925,000 Sheltair Total Project Sebastian Amount Contribution $106,250 $531,250 $125,000 $625,000 $231,250 $1,156,250 .AJ. rport staff will be present at your April 23, 2003 regularly scheduled meeting, should you have any questions. RECOMMENDATION Move to approve Resolution R-03-18, accepting the Supplemental Joint Participation Agreement entitled "Construct T-hangars" in the amount of $625,000. RESOLUTION NO. R-03-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide supplemental funding to continue the construction of T-hangars at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENT Project No. 409864-1-94-01, for the construction of T-hangars on behalf of the City. $125,000.00. Section 2. CONFLICTS. herewith are hereby repealed. Section 3. upon its adoption. This agreement reflects an increase in the amount of All resolutions or parts of resolutions in conflict EFFECTIVE DATE. This resolution shall take effect immediately 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 Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of April, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney FORM 725-030-07 PUBLIC TRANSP ADMIN OGC-07/C2 Page1 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT FM No: 409864-1-94-01 Job No: Contract No: AL199 Fund: DS Function: 637 FLAIR Approp: 088719 Federal No: FLAIR Obj.: 750004 Catalog of Federal Domestic Assistance Org. Code: 55042010428 Number: Vendor No.: VF596000427008 THIS AGREEMENT, made and entered into this ~ day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 6th entered into a Joint Participation Agreement; and of December , 2001 and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment"A" appended hereto; WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment 'W' for a total Department Share of $ 500,000 NOW, THEREFORE THIS INDENTURE WlTNESSETH: that for and in consideration of the mutual beneffisto flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended N/A FORM 725-G30-07 PUBLIC TRANSP ADMIN OGC-07/~)2 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased/der, teased-by $ total cost of the project to $ 625,000 Paragraph 4.00 of said Agreement is increased/desreased by $ revised share in the project to $ 500,000 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended 125,000 bdnging the revised 100,000 bHngingthe Department's of said Agreement is (are) amended by Attachment "A". June 30,2004 FORM 725q)~7 PUBLIC TRANSP ADMIN OGC - 08~99 Page 3 of 4 FM No. 409864-1-94-01 Contract No. AL199 Supp. Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated December 6, 2001 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT Of TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PRODUCTION ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) FORM 725030-07 PUBLIC TRANSP ADMIN OGC - 08/99 Page4 of 4 FM No. 409864-1-94-01 Contract No. AL199 Supp. Agreement Date A'I-I'ACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Estimated construction costs increased. I. PROJECT COST: Approved NetChange Amended ' ' $500,000 $12~i000' $625,000. . II, PART.!CIPATION: . ,. Approved .A..mended . Approved .. NetChange Amended Department 80.0% 80.0% $400,000 $100,000 $500,000 FAA $0 $0 $0 Local 20.0% 20.0% $100,000 $25,000 $125,000 II1. TOTAL PROJECT COST: 100.0% 100.0% $500,000 $125,000 $625,000 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement for Wetland and Environmental Mapping and Reports Approved for Submittal by: Terrence Moore, City Manager Agenda No. Department Origin: Dept. Head: Date SubdUed: 4/14/2003 For Agenda of: 4/23/03 Exhibits: 0) - Resolution R-03-19; FDOT Joint Participation Agreement (JPA) for Wetland/Environmental Mapping and Reports; Proposal from The LPA Group (Work Authorization Thirteen). EXPENDITURE REQUIRED: $ 36,808 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $ 40,000 SUMMARY One of The LPA Group, Inc.'s first tasks with the City of Sebastian was to assist us in developing a new Airport Master Plan along with a Stormwater Master Plan for ah-port property. In order to accomplish the latter-task, the Airport Master Plan had to be complete so that everyone had an idea on what the conceptual development of the airport would be. Once that was complete, The LPA Group then proceeded with the Stormwater Master Plan and applied to Saint John's River Water Management District (SJRWMD) for a Conceptual Stormwater Permit. The purpose of this conceptual permit is so the City can plan for long-term solutions to wetland mitigation, stormwater treatment and retention, overall totals of impervious and/or developed property, etc. At that time, it was understood that SJRWMD would issue the conceptual permit based on information supplied from United States Geological Survey (USGS) mapping. However, based on our first two permitted projects, field observations by SJRWMD vastly differed from the dated information offered in the USGS mapping, resulting in their (SJ-RWMD) added requirement for us to have the entire propemvr sm'eyed mad mapped for protected wetlands and/or species. Though lifts requirement is physically and financially cumbersome, it will allow staff to get an accurate picture of exactly how many wetlands and/or protected species are on the airport. This will further permit us to better plan for furore mitigation efforts, and likely save future expenses by forming a complete mitigation plan, rather than continuously dealing with 'surprise' wetlands, as was the case with the extension of Airport Drive West. Just as an example, that single wetland caused that project to be delayed by almost a year and nearly forty thousand dollars to resolve. Based on that experience, staff reluctantly agrees with this added requirement of SJRWMD to survey and map all airport wetlands. As can be seen in the attached letter from The LPA Group, Inc., the total cost of mapping all airport wetlands and providing the appropriate environmental reports is $36,808. Also attached is Joint Participation Agreement (JPA) from Florida Department of Transportation (FDOT), Aviation Section indicating that they have agreed to fund eighty- percent of the anticipated cost. As such, the recommendation below is to both accept the FDOT grant agreement in the amount of $40,000 and authorize staff to execute the attached Work Authorization 13. Any remaining grant dollars can either be used for airport security or returned to FDOT. Airport staff and representatives from The LPA Group, Inc. will be present at your April 23, 2003 regularly scheduled meeting, should you have any questions. RECOMMENDATION Move to approve Resolution R-03-19, accepting rite Joint Participation Agreement (J-PA) with FDOT entitled "Wetland/Environmental Mapping and Report, t" in the amount of $40,000, and authorize City Manager to execute the attached Work Authorization Thirteen (13) for $36,808 and appropriate same. RESOLUTION NO. R-03-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR THE WETLAND/ENVIRONMENTAL MAPPING AND REPORTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the wetland/environmental mapping and reports at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Project No. 407632-1-94-01, entitled "Wetland/Environmental Mapping and Reports" on behalf of the City. This agreement reflects a total amount of $40,000.00. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Coun¢ilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of April, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030-O6 PUBLIC TRANSP ADMIN 07102 Page I of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 407632-1-94-01 (item-segment-phase-sequence) Contract No: Fund: DS Function: 637 Federal No: FLAIR Appmp:. 088719 FLAIR O~.: 750004 OB. Code: 55042010428 Vendor No: VF596000427008 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Wetland/Environmental Mapping and Reports and as further described in Exhibit(s) A, B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $40,000.00 is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a pa~tThis amount hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 32,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding/I~-~ (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ~I,-~ (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 3 of 12 6.10 The Project Budget: A project budget shall be prepared bythe Agency and approved bythe Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements establishedin paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and ali other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project' funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate With any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor Ge or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal award fiscal year, the Agency must have a single or program-specif c audit conducted in accorda ...... "~ ..... · ,,~.~ w,ul [ne provisions or FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 4 of 12 Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or. an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for Complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Subpart C .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffers. onville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA)title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying .with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Ac}ehcy, the Agency shall submit as part of the audit package to the Department a plan for Corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Office of Modal Development, 3400 W. Commercial Blvd. Ft. Lauderda!~, Florida, 33309 its requisition on a form or forms prescribed bythe Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof)to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.06i, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the.Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all · federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance bythe Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation ofthe conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of provisions of the Agreement. ~ · 8,26 Federal Participation (If Applicable): Any federal agency providing federal financial as to th.e p.r.oject suspends or terminates federal financial aoo,,-* ............... sis~nc'/e'~ · . . o.o,oL,~,,,,~ ~u Lne projecT. In ~rle event of suspensio'~"'0~ termination of federal financial ass stance, the A enc w~ll reimburse the De art. g Y ' p mentfor all disallowed costs FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep. to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and a.c~du}3ts pertaining to the financing and development of the project. 12,00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 7 of 12 funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation. Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opp°rtunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency.shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII. Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIii of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, origin, religion, sex, disability and familial status. ~ FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 8 of 12 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present mem her, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to .such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable taw. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and ency to the end that the Agency may proceed as soon as possible with the project. FORM 725-030-O6 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error omission, or negligent act by the Department or any of its officers, agents, or employees dur ng the performance of the Agreement. When the Department receives notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notifythe Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covedng the project. The Department will review all plans and specifications and will issue to the Agency written approval wi(h any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to 'obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agen(~y facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 10 of 12 of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before January 31,2005 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute One in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal ' agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all /~ecipients shall certify and disclose accordingly. 21.2~) State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state "-..--.-agency. . 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 20 days are measured from the latter of the date the invoice is received Or the goods or services are received, inspected and approved, If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 daytime period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATE GORY TWO for a period of 36 months from the date of being placed on · the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded °r perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 12 of 12 Financial Project No. Contract No. Agreement Date 407632-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. BY: AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: ,(SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PRODUCTION ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) Fin. Proj. No.: 407632-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement . between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Wetland/Environmental Mapping and Reports SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the'funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: Contract No.: Agreement Date: 407632-1-94-0 ! EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian TOTAL PROJECT COST: $40,000 PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Pdmary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 0.00% 20.00% $8,000 80.00% $32,000 $0 $0 TOTAL PROJECT COST: $40,000 ,f Fin. Proj. No: 407632-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. . 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done' in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airpo~ hazards. 4. Oompatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: It will keep a layout plan of.the airport up to date showing: (t) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structUres (such as runways; taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal fLJnding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan ~ Joint Participation Agreement (JPA) Exhibit C Page 2 shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. '10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. '14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary sh.all have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the materia! prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JAClP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. - b. Securing written 2ermission from the Department to execute each agreement with any third party. C.-Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days (~f receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. §. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building.codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, an¢ ~,~ Joint Participation Agreement (JPA) Exhibit C Page 5 schedules approved by the Department for the project. The Agency assures that it will allow the D="=~,~",,* to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 6 Mpr 11 u~ U~:b~a Ihe LPR Group Orlando (4D?)30B-O4BO p.) ~ TransporEatJon Consultants 2000 I~ESEARCN PARK%~/AY, SUITE ~ 52 · ORLANDO, FL 32826-3287 · 407-306-0200 · FAX 407-306-04-60 April 10, 2003 Mr. Jason Milewski Airport Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: De,'.~r Jason: Stormwater Master Platt - Wetland and Wildlife Delineation Sebastian Municipal Airport Airport Master Plan Update - Work Authorization No. 13 Fo[lowing is a scope of services for additional Engineering and Environmental work for the referenced project. We are also enclosing a fee proposal (Exhibit A) for these services. If our proposed scope and fee meet with your approval, please forward us a purchase order and a notice to proceed. This seeps c~f wnrk under Work Authorization Number One (i) titled, 'Sebastian Municipal Airport - Airport Master Plan Update,' is complemented with these additional services, re include the engineering and environmental services to respond to environmental, wetland and historical resource concerns expressed by SJ'RWMD in their letter regarding the Environmental Resource Permit application submitted. The scope of this work authoriaztion shall include the following tasks: Review, fiaggi~g and classification of wetlands; ThreatenedTendangered species review and report; Archaeological survey and report; Meetings and site visit8 to coordinate with regulatory agency(ies); Survey of jurisdictional wetlands; and Revise/modify Stormwater Master Plan Report and Drawings to include environmental concerns. LPA will provide these Basic Service~ in accordance with Exhibit B, Section I of the Prime Agreement, with limited services, for a lump sum fee of $36,808. you have any quesdons, or need additional information, please colt. Project. Mar~gE_ r CC.: Mohsen Mohamrnadi (LPA) File T^4[2001. lc ATL&NTA = BATON ROUGE · CHARLESTON · CHARLOTI'E · CHICAGO · COLUMBIA · GREENSBORO I GULF?ORT · JACKSONVILLE }~NOX\"ILLE · MOBILE · ORLANDO · R',~,.LEIGH · RICHMOND ~ 5AR,~OTA · '£ALLA~'-C6SEE · TAMPA · WESTPALM BEACH Exhibit A SEBASTIAN MUNICIPAL AIRPORT Stormwater Master Plan - Amendment 1 MANHOUR ESTIMATE Desi,qn Services Item/Task Description Coordination with City Coordination with Subconsultant Coordination with SJRWMD Revise/Modify Stormwater Master Plan Report and Drawings Quality Control Project Senior Manager Engineer Designer 16 12 16 Technician Technical Assistant 16 Total: 10 44 16 10 Exhibit A SEBASTIAN MUNICIPAL AIRPORT Stormwater Master Plan - Amendment 1 COST BREAKDOWN Basic Services CLASSIFICATION HOURS Principal Project Manager Senior Engineer Engineer Designer Technician Technical Assistant TOTAL HOURS TASK COST 10 44 16 10 80 $8,458 DIRECT EXPENSES Reproduction Postage Travel Subconsultant Storm L. Richards Surveyor TOTAL EXPENSES $150 $50 $150 $18,ooo $1 o,ooo $28,350 HEOTAL COSTS LPA GROUP INCORPORATED $36,808 01/23/02 Page A-1 of A-1 ~WORK AUTltOR][7_,ATION FOR3 [ CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services (Project Identification No.) _ _Thirte~ (Work Authorization No~ It is agreed to undertake the £ollowing work in accordance with the provisions of our Prime Agreement £or Professional Services dated ~ ~escri tion of Assi ent: Please see attached proposal from The LPA Group, entitled Work Authorization fhirtee~,~ 3), Wetland and Wildlife Delineation. ~'-asis of Corn ensation/Per/od of Services: In accordance with Exhibit B, Section I of the Prime Agreement, services shall be provided for a lump sum payment 0/'$36,808. Agreed as to scope of services, time schedule, and budget: For the City of Sebastian (Florida) Date: For The LPA Group, Inc. Date: Attachment: Proposal from The I_PA Group, Inc. dated April 10, 2003, entitled Work Authorization Thirteen 73. Wetland and Wildli e Delineation. HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Resolution No. R-03-20 Amending the City's Investment Policy pursuant to entering an agreement for Investment Services AP~~~lan ager Agenda No. ©5' 7 Department Origin: Finance~ Date Submitted: April 15, 2003 For Agenda of: April 23, 2003 Exhibits: · Resolution R-03-20 · Attachment 1, Revised Investment Policy · Replaced Investment Policy via R-00-57 EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY On October 10, 2000, the City Council adopted an amended Investment Policy in accordance with Section 2-111 of the amended City Code and Section 218.415, F.S. Subsequent to this adoption of the investment policy, the City Council has authorized an agreement to outsource investment advice and strategy to Kirkpatrick Pettis, Smith, Polian, Inc., Langhoff Brooks division, an arm of our Financial Advisor, the Investment Policy again needed to be updated to reflect this change. In reviewing the policy, it became clear that a rewrite of the entire policy was necessary to put in provisions for benchmarks, investment limitations, both percentage of portfolio and types, and to clarify certain sections of the policy. Enclosed, as Attachment 1 is the rewrite of the policy. Staff believes this policy identifies the necessary limitations and type of investment in accordance with the general language included in Florida Statutes. RECOMMENDED ACTION Move to adopt Resolution No. R-03-20. RESOLUTION NO. R-03-20 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY'S INVESTMENT POLICY PURSUANT TO AGREEMENT FOR INVESTMENT SERVICES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 218.415, Florida Statutes, provides provisions for adopting an investment policy; and WHEREAS, the City Council has adopted an amended investment policy in accordance with Section 218.415, Florida Statutes via Resolution R-00-57 on October 11, 2000; and WHEREAS, the City of Sebastian has entered into an agreement for investment services with Kirkpatrick Pettis; and WHEREAS, benchmarks, limitations on investment type, and changes to the existing investment policy necessitated a complete rewrite of the existing investment policy, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. INVESTMENT POLICY. The City of Sebastian's Investment Policy is hereby amended and adopted Section 218.415, F.S. and further identified as attachment 1. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 23, 2003. EFFECTIVE DATE. This resolution shall take effect on April 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 Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 23r'~ day of April, 2003. CITY OF SEBASTIAN, FLORIDA By:. Walter Barnes, Mayor ATTEST: Sally Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney Attachment 1 INVESTMENT POLICY CITY OF SEBASTIAN C[T~ OF HOME OF PELICAN ISLAND Approved:, 2003 TABLE OF CONTENTS Page II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. PURPOSE SCOPE INVESTMENT OBJECTIVES DELEGATION OF AUTHORITY STANDARDS OF PRUDENCE ETHICS AND CONFLICTS OF INTEREST INTERNAL CONTROLS AND INVESTMENT PROCEDURES CONTINUING EDUCATION AUTHORI7~,D INVESTM]ENT INSTITUTIONS AND DEALERS MATURITY AND LIQUIDITY REQUIREMENTS COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS PERFORMANCE MEASUREMENTS REPORTING THIRD-PARTY CUSTODIAL AGREEMENTS INVESTMENT POLICY REVIEW 3 3 3 4 4 5 5 5 6 6 6 7 14 14 14 14 15 City of Sebastian Investment Policy Page 2 INVESTMENT POLICY CITY OF SEBASTIAN~ FLORIDA HON~£ OF PELICAN ISLAND PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City of Sebastian, Florida (hereinafter "City"). These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and an investment return competitive with comparable funds and financial market indices. II. SCOPE In accordance with Section 218.415, Florida Statutes, this investment policy applies to the investment of public funds in excess of the amounts needed to meet current expenses, which includes cash and investment balances of the following funds: General Fund Special Revenue Funds Capital Projects Funds Enterprise Funds Permanent Funds Trust and Agency Funds This policy does not apply to the investment of principal, interest, reserve, construction, capitalized interest, redemption or escrow accounts created by ordinance or resolution pursuant to the issuance of bonds where the investments are held by an authorized depository. This policy does not apply to funds not under investment control of the City; such as, the Police Officers' Pension Plan. III. INVESTMENT OBJECTIVES Safety of Principal The foremost objective of this investment program is the safety of the principal of those funds within .the portfolios Investment transactions shall seek to keep capital losses to a minimum, whether they m'e from securities defaults or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased, or City of Sebastian Investment Policy Page 3 The duration has been reduced or lengthened, or The quality of the investment has been improved The liquidity of the investment has been improved. Maintenance of Liquidity The second highest priority is liquidity of funds. The portfolios shall be managed in such a manner that funds are available to meet reasonably anticipated cash flow requirements in an orderly manner. Return on Investment The third highest priority is income. Investment portfolios shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. IV. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the City's Investment Committee. The Investment Committee shall be established consisting of the City Manager, City Attorney and the Director of Finance. The Investment Committee shall meet periodically to review the City's investment strategy. The management responsibility for all City funds in the investment program and investment u'ansactions is delegated to the Director of Finance. The Director of Finance shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the activities of employees. The City may employ an investment manager to assist in managing some of the City's portfolios. Such investment manager must be registered under the Investment Advisors Act of 1940. Vo STANDARDS OF PRUDENCE The standard of prudence to be used by investment officials shall be the "Prudent Person" standard and shall be applied in the context of managing the overall investment program. The Director of Finance acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of any personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectation are reported to the City Manager and the Investment Committee in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The Prudent Person standard is as follows: Investments shall be made with judgment and care, under ch'cumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of ~ their own affairs, not for speculation, but for investment, considering the probable safety /, of their capital as well as the probable income to be derived from the investment. (~~ While the standard of prudence to be used by the City' s staff is the Prudent Person standard, any pe't'J15~ or firm hired or retained to invest, monitor, or advise concerning these assets shall be held to the higher standard of "Prudent Expert". The standard shall be that in investing and reinvesting moneys and in City of Sebastian Investment Policy Page 4 acquiring, retaining, managing, and disposing of investments of these funds, the consultant shall exercise: the judgment, care, skill, prudence, and diligence under the circumstances then prevailing, which persons of prudence, discretion, and intelligence, acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the funds, so as to minimize the risk, considering the probable income as well as the probable safety of their capital. VI. ETHICS AND CONFLICTS OF INTEREST The City's staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Also, employees involved in the investment process shall disclose to the City any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City' s investment program. VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES The Director of Finance shall establish a system of internal controls and operational procedures that are maintained in writing. The internal controls should be designed to prevent losses of funds, which might arise from fraud, employee error, and misrepresentation by thh'd parties, or imprudent actions by employees. No person may engage in an investment transaction except as authorized under the terms of this policy. Independent auditors as a normal part of the annual financial audit to the City shall conduct a review of the system of internal conu'ols to ensure compliance with policies and procedures. VIII. CONTINUING EDUCATION The Director of Finance or his designee responsible for making investment decisions shall annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. City of Sebastian Investment Policy Page 5 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The Director of Finance shall maintain a list of financial institutions and broker/dealers that are approved for investment purposes ("Qualified Institutions"). Only firms meeting one of the following requirements shall be eligible to serve as Qualified Institutions: A. The firm must comply with all of the following requirements. i. Primary and regional dealers that qualify under Securities and Exchange Commission Rule 15 C3-1 (unifozxn net capital rule); ii. Capital of no less than $10,000,000; iii. Registered as a dealer under the Securities Exchange Act of 1934; iv. A member of the National Association of Securities Dealers (NASD); v. Registered to sell securities in Florida; and vi. The firm and assigned broker have been engaged in the business of effecting transactions in U.S. government and agency obligations for at least five (5) consecutive years; or, B. Public Depositories qualified by the Treasurer of the State of Florida, in accordance with Chapter 280, Florida Statutes. C. Qualified Public Depositories may provide the services of a securities dealer through a Section 20 subsidiary of the financial institution. D. Direct issuers of commercial paper and bankers' acceptances. Xe MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investment maturities shall not exceed three (3) years. XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS After the Director of Finance or the investment advisor has determined the approximate maturity date based on cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or approved broker/dealers must be contacted and asked to provide bids/offers on investments in question. Bids will be hetd in confidence until the bid deemed to best meet the investment objectives is determined and selected. Investment Policy Page 6 City of Sebastian However, if obtaining bids/offers are not feasible and appropriate, investments may be purchased utilizing the comparison to current market price method on an exception basis. Acceptable current market price providers include, but are not limited to: Co Do Telerate Information System Bloomberg Information Systems Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing Daily market pricing provided by the City's custodian or their correspondent institutions Examples of when this method may be used include: When time constraints due to unusual circumstances preclude the use of the competitive bidding process B. When no active market exists for the issue being traded due to the age or depth of the issue C. When a security is unique to a single dealer, for example, a private placement D. When the transaction involves new issues or issues in the "when issued" market Overnight sweep investments will not be bid, but may be placed with the City's depository bank relating to the demand account for which the repurchase agreement was purchased. XII. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION Investments should be made subject to the cash flow needs and such cash flows are subject to revisions as market conditions and the City's needs change. However, when the invested funds are needed in whole or in part for the purpose originally intended or for more optimal investments, the Director of Finance or the investment advisor may sell the investment at the then-prevailing market price and place the proceeds into the proper account. Investments not listed in this policy are prohibited. The following are the investment requh'ements and allocation limits on security types, issuers, and maturities, as established by the City. The Director of Finance or designee, and the Investment Committee shall have the option to fm-ther restrict investment percentages from time to time based on market conditions, risk and diversification investment strategies. The percentage allocation requirements for investment types and issuers are calculated based on the market value of each investment. City of Sebastian Investment Policy Page 7 A. The Florida Local Government Surplus Funds Trust Fund 1. Purchase Authorization Invest in the Florida Local Government Surplus Funds Trust Fund 2. Portfolio Composition A maximum of 100% of available funds may be invested in the Florida Local Government Surplus Funds Trust Fund. B. United States Government Securities 1. Purchase Authorization Invest in negotiable direct obligations or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to the following: Cash Management Bills Treasury Securities - State and Local Government Series ("SLGS") Treasury Bills Treasury Notes Treasury Bonds Treasury Strips 2. Portfolio Composition A maximum of 100% of available funds may be invested in the United States Government Securities. 3. Maturity Limitations The maximum length to maturity of any direct investment in the United States Government Securities is five (5) years from the date of purchase. C. United States Government Agencies 1. Purchase Authorization Invest in bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by the United States Governments agencies, provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to the following: City of Sebastian Government National Mortgage Association (GNMA) -GNMA guaranteed mortgage-backed bonds -GNMA. guaranteed pass-through obligations United States Export - Import Bank -Direct obligations or fully guaranteed certificates of beneficial ownership Investment Policy Page 8 Farmer Home Administration -Certificates of beneficial ownership Federal Financing Bank -Discount notes, notes and bonds Federal Housing Administration Debentures General Services Administration United States Maritime Administration Guaranteed -Title XI Financing New Communities Debentures -United States Government guaranteed debentures United States Public Housing Notes and Bonds -United States Government guaranteed public housing notes and bonds United States Department of Housing and Urban Development -Project notes and local authority bonds 2. Portfolio Composition A maximum of 50% of available funds may be invested in United States Government agencies. 3. Limits on Individual Issuers A maximum of 25% of available funds may be invested in individual United States Government agencies. 4. Maturity Limitations The maximum length to maturity for an investment in any United States Government agency security is five (5) years from the date of purchase. Federal Instrumentalities (United States Government sponsored agencies) 1. Purchase Authorization Invest in bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by United States Government sponsored agencies (Federal Instrumentalities) which are non-full faith and credit agencies limited to the following: Federal Farm Credit Bank (FFCB) Federal Home Loan Bank or its City banks (FHLB) Federal National Mortgage Association (FNMA) Federal Home Loan Mortgage Corporation (Freddie-Macs) including Federal - Home Loan Mortgage Corporation participation certificates Student Loan Marketing Association (Sallie-Mae) 2. Portfolio Composition A maximum of 80% of available funds may be invested in Federal Instrumentalities. 3. Limits on Individual Issuers City of Sebastian Investment Policy Page 9 A maximum of 40% of available funds may be invested in individual Federal Instrumentalities 4. Maturity Limitations The maximum length to maturity for an investment in any Federal Instrumentality security is five (5) years from the date of purchase. E. Interest Bearing Time Deposit or Saving Accounts 1. Purchase Authorization Invest in non-negotiable interest beating time certificates of deposit or savings accounts in banks organized under the laws of this state and/or in national banks organized under the laws of the United States and doing business and situated in the State of Florida, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. Additionally, the bank shall not be listed for credit watch with S&P and/or Moody's Rating Services. 2. Portfolio Composition A maximum of 25% of available funds may be invested in non-negotiable interest bearing time certificates of deposit. 3. Limits on Individual Issuers A maximum of 15% of available funds may be deposited with any one issuer. 4. Maturity Limitations The maximum maturity on any certificate shall be no greater than tlu'ee (3) years from the date of purchase. F. Repurchase Agreements 1. Purchase Authorization Invest in repurchase agreements composed of only those investments based on the requirements set forth by the City's Master Repurchase Agreement. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. A third party custodian with whom the City has a cun'ent custodial agreement shall hold the collateral for all repurchase agreements with a term longer than one (1) business day. A clearly marked receipt that shows evidence of ownership must be supplied to the Director of Finance and retained. Co Securities authorized for collateral are negotiable direct obligations of thet/~x United States Government, Government Agencies, and Federa]t ~ Y'~'~ Instrumentalities with maturities under five (5) years and must have a markef value for the principal and accrued interest of 102 percent of the value and fo~,~,~ the term of the repurchase agreement. Immaterial short-term deviations from City of Sebastian Investment Policy Page 10 102 percent requirement are permissible only upon the approval of the Director of Finance. 2. Portfolio Composition A maximum of 50% of available funds may be invested in repurchase agreements excluding one (1) business day agreements and overnight sweep agreements. 3. Limits on Individual Issuers A maximum of 25% of available funds may be invested with any one institution. 4. Limits on Maturities The maximum length to maturity of any repurchase agreement is 90 days from the date of purchase. Commercial Paper 1. Purchase Authorization Invest in commercial paper of any United States company that is rated, at the time of purchase, "Prime-l" by Moody's and "A-i" by Standard & Poor's (prime commercial paper). 2. Portfolio Composition A maximum of 25 % of available funds may be directly invested in prime commercial paper. 3. Limits on Individual Issuers A maximum of 10% of available funds may be invested with any one issuer. 4. Maturity Limitations The maximum length to maturity for prime commercial paper shall be 270 days from the date of purchase. Corporate Notes 1. Purchase Authorization Invest in corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States that have a long term debt rating, at the time or purchase, at a minimum "Aa3" by Moody's and a minimum long term debt rating of "AA-" by Standard & Poor' s. 2. Portfolio Composition A maximum of 15% of available funds may be directly invested in corporate notes. City of Sebastian Investment Policy Page 11 3. Limits on Individual Issuers A maximum of 5% of available funds may be invested with any one issuer. 4. Maturity Limitations The maximum length to maturity for corporate notes shall be three (3) years from the date of purchase. Bankers' Acceptances 1. Purchase Authorization Invest in Bankers' Acceptances issued by a domestic bank or a federally chartered domestic office of a foreign bank, which are eligible for purchase by the Federal Reserve System, at the time of purchase, the short-term paper is rated, at a minimum, "P-i" by Moody's Investors Services and "A-I" Standard & Poor's. 2. Portfolio Composition A maximum of 25% of available funds may be directly invested in Bankers' Acceptances 3. Limits on Individual Issuers A maximum of 10% of available funds may be invested with any one issuer. 4. Maturity Limitations The maximum length to maturity for Bankers' Acceptances shall be 180 days from the date of purchase. J. State and/or Local Government Taxable and/or Tax-Exempt Debt 1. Purchase Authorization Invest in state and/or local government taxable and/or tax-exempt debt, general obligation and/or revenue bonds, rated at least "Aa2" by Moody's and "AA" by Standard & Poor's for long-term debt, or rated at least "MIG-I" by Moody's and "SP- 1" by Standard & Poor's for short-term debt. 2. Portfolio Composition A maximum of 20% of available funds may be invested in taxable and tax-exempt debts. 3. Maturity Limitations K. Registered Investment Companies (Money Market Mutual Funds) City of Sebastian Investment Policy A maximum length to maturity for an investment in any state or local government debt security is three (3) years from the date of purchase. 1. Investment Authorization Invest in shares of open-end or no-load money market mutual funds provided such funds are registered under the Federal Investment Company Act of 1940 and operate in accordance with 17 C.F.R. § 270.2a-7, which stipulates that money market funds must have an average weighted maturity of 90 days or less. The prospectus of such funds must indicate that the share value shall not fluctuate. 2. Portfolio Composition A maximum of 50% of available funds may be invested in money market funds. 3. Limits of Individual Issuers A maximum of 25% of available funds may be invested with any one money market fund. 4. Rating Requirements The money market funds shall be rated "AAm" or "AAm-G" or better by Standard & Poor' s, or the equivalent by another rating agency. 5. Due Diligence Requirements A thorough investigation of any money market fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Director of Finance or the investment advisor that will contain a list of due diligence considerations that deal with the major aspects of any investment pool/fund. A current prospectus must be obtained. Intergovernmental Investment Pool i. Investment Authorization Intergovernmental investment pools that are authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes. 2. Portfolio Composition A maximum of 10% of available funds may be invested in intergovernmental investment pools. 3. Due Diligence Requirements A thorough investigation of any pool fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Director of Finance or the investment advisor that will contain a list of due diligence considerations that deal with the major aspects of any investment pool/fund. A current prospectus must be obtained. City of Sebastian Investment Policy Page 13 XIII. DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS Investment in any derivative products or the use of reverse repurchase agn'eements are not permitted. A "derivative" is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or indices or asset values. XIV. PERFORMANCE MEASUREMENTS In order to assist in the evaluation of the portfolio's performance, the City will use performance benchmarks for short-term and long-term portfolios. The use of benchmarks will allow the City to measure its returns against other investors in the same markets. The State Board of Administration's, Local Government Surplus Funds Trust Fund ("SBA Pool"), monthly rate of return will be used as a benchmark as compared to the portfolios' book value rate of return for current operating funds. Investments that have a longer-term investment horizon will be compared to the Merrill Lynch 1- 3 Year Government Index or an equivalent index comprised of U. S. Treasury or Government securities. The appropriate index will have a duration and asset mix that approximates the portfolios and will be utilized as a benchmark to be compared to the portfolio's total rate of return. XV. REPORTING The Director of Finance shall provide a quarterly investment report including the listing of holdings in the portfolio at cost and market value to the City Manager. This report will then be forwarded to the City Council. Such reports shall be available to the public. Schedules in the quarterly report should include but not be limited to the following: A. A listing of individual investments held at the end of the reporting period B. Coupon, discount or eaming rate C. Final maturity date on all investments D. Book value, and market value E. Income Earned XVI. THIRD-PARTY CUSTODIAL AGREEMENTS All securities, with the exception of certificates of deposits, shall be held with a third party custodian; and all securities purchased by, and all collateral obtained by the City should be properly designated as an asset of the City. The securities must be held in an account separate and apart from the assets of the financial institution. A third party custodian is defined as any bank depository chartered by the Federal Government, the State of Florida, or any other state or territory of the United States which has a branch or principal place of business in the State of Florida as defined in Section 658.12, Florida Statutes, or bv'"~x a national association organized and existing under the laws of the United States which is authorized, accept and execute trusts and which is doing business in the State of Florida. Certificates of deposI maintained by book-entry at the issuing bank shall clearly identify the City as the owner. City of Sebastian Investment Policy Page 14 The City Manager shall execute on behalf of the City, third pm'ty custodial agreement(s) with its bank(s) and depository institution(s). Such agreements may include letters of authority from the City, details as to the responsibilities of each party, method of notification of security purchases, sales, delivery, procedures related to repurchase agreements and wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps and describing the liability of each party. The custodian shall accept transaction instructions only from those persons who have been duly authorized by the City of Sebastian and which authorization has been provided, in writing, to the custodian. No withdrawal of securities, in whole or in part, shall be made from safekeeping, shall be permitted unless by such a duly authorized person. The custodian shall provide the Director of Finance with safekeeping receipts that provide detail information on the securities held by the custodian. Security transactions between a brokeffdealer and the custodian involving the purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any liens. XVII. INVESTMENT POLICY REVIEW The Investment Committee shall review the policy annually and make recommendations to the City Council for modification thereto. City of Sebastian Investment Policy Page 15 ATTACHMENT 1 CITY OF SEBASTIAN INVESTMENT POLICY Old Policy Adopted October 10, 2000 I. SCOPE II. III. The investment policy applies to the investment of surplus funds which includes cash and investment balances of the following funds: General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Trust and Agency Funds This policy does not apply to the investment of principal, interest, reserve, construction, capitalized interest, redemption, or escrow accounts created by ordinance or resolution pursuant to the issuance of bonds where the investments are held by an authorized depositary. This policy does not apply to funds not under investment control of the City; such as, the Sebastian Police Officer Pension Fund, the International City Management Association deferred compensation program administered by the Retirement Corporation, or the United States Conference of Mayors deferred compensation program administered by the Public Employee Benefit Services Corporation. INVESTMENT OBJECTIVES The following investment objectives will be applied in the management of the City's funds. mo The primary objective and the highest priority of the City's investment activities is the safety of principal. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. B. There shall be sufficient liquidity to meet the City's operating, payroll and capital requirements. C. The optimization of investment returns shall be secondary to the requirements for safety and liquidity, while striving for a reasonable rate of return. PRUDENCE AND ETHICAL STANDARDS The "Prudent Person Rule" shall be used in the management of the overall investment portfolio. The "Prudent Person Rule" states: "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income ~ derived." Page 1 of 4 IV. Vo VI. VII. The Director of Finance or his designee, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. PERFORMANCE MEASUREMENT The benchmark yield for the overall performance of the portfolio is considered to be a market rate at least equal to the ninety (90) day Treasure Bill rate. DELEGATION OF AUTHORITY An Investment Committee shall be established consisting of the City Manager, City Attorney, and Director of Finance. The Investment Committee shall approve all investments prior to their purchase, except routine transfers between the State Board Account and the Operating Account of the City. The Investment Committee shall meet at least semi-annually to review the City's investment strategy. AUTHORIZED INVESTMENTS Authorized investments are limited pursuant to Chapter 166.261, Florida Statutes and the Cash Management Services Contract. MATURITY AND LIQUIDITY REQUIREMENTS mo To the extent possible, investment maturities shall be matched with known cash needs and anticipated cash flow requirements. Investments of operating funds shall have maturities of no longer than twenty-four (24) months. B. Investments do not necessarily have to be made for the same length of time that the funds are available. The basic criteria for investment maturities are as follows: 1. Keep maturities short in a period of constantly rising interest rates based on Treasury bill auctions or the daily Federal Funds rate. 2. Keep maturities short in a period of an inverted treasury yield curve (short-term rates are higher than the long-term rates.) Maturities should be lengthened when the treasury yield curve is normal and is expected to remain that way based on economic reports taken as a whole. The yield curve is normal when short-term rates are lower than long-term rates. 4. Maturities should be lengthened when interest rates are expected to fall based on economic reports taken as a whole. 5. Maturities should be staggered to provide for sequential maturities. Page 2 of 4 VIII. IX. Investments shall be purchased with the intent of earning a favorable rate of interest and return on the City's funds for the stated maturity. The value of individual investments (such as treasury and federal agency securities) will fluctuate with market conditions and may offer opportunities for favorable gains if liquidated. All factors shall be considered when liquidating an investment prior to its scheduled maturity, including market conditions (e.g., rising or falling interest rates) and the opportunity to reinvest the funds at a favorable return. BID REQUIREMENTS Investments shall be made through a competitive bid process. A minimum of three (3) banks and/or dealers shall be contacted and asked to provide bids on the securities on question, except those with City investments of $2,000,000 unless approved by the City Manager. Bids shall be awarded based on the highest yield on the investment, or, at the discretion of the Director of Finance, with the Local Government Surplus Funds Trust Funds administered by the State Board of Administration when it is deemed probable that interest rams will increase in the very near futures and is not prudent to commit funds for a period of time at a lower interest rate. Surplus funds may also be invested with the Local Government Surplus Funds Trust Fund when investments in local financial institutions exceed the maximum authorized per institution. However, on an exception basis the City may invest in the following instruments and may divest itself of such investments at prevailing market prices or rates: Local Government Surplus Funds Trust Fund Direct obligations of the U.S. Treasury Florida League of Cities Florida Municipal Investment Trust The Director of Finance or his designee shall notify the successful bidder verbally in order to expedite the purchase of the investments via a check, wire transfer or account transfer. This notice shall be confirmed by a letter from the Director of Finance or another authorized signatory of the City which states the fund and account for which the investment is made, the principal amount of the investment, the yield or interest rate, any premium or discount applicable to the investment, the maturity date, and instructions for payment of interest. RISK AND DIVERSIFICATION Investments shall be diversified to conU'ol the risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, dealer, savings and loan, or bank through which these instruments are bought and sold. No more than $2,000,000 shall be held by any one depository without the approval of the City Manager. The depository that holds the funds for the Local Government Surplus Funds Trust Fund administered by the State Board of Administration pursuant to Chapter 218, F.S., shall be excluded from this requirement. All investments shall be held in the name of the City of Sebastian and shall be designated as an asset of the City of Sebastian. Securities, other than non-negotiable certificates of deposit, purchased from a bank shall be held in safekeeping by the trust department of the bank. Securities purchased from Primary dealers shall be held in safekeeping by a third party custodian. Due to the cost of safekeeping, one-business day repurchase agreements made pursuant to a Cash Management Services Contract may be placed with the depositary relating to the demand account for which the repurchase agreement was purchased. Page3of4 { 01i9) X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The Investments shall only be purchased from financial institutions that are designated as qualified public depositories" pursuant to Chapter 280, F.S., or from Primary dealers. Purchases of all investments, except those from the Local Government Surplus Funds Trust Fund administered by the State Board of Administration pursuant to Chapter 218, F.S., shall be made through the local office of the financial institution. Repurchase agreements shall only be entered into with the financial institution providing Cash Management Services. XI. CASH MANAGEMENT SERVICES The City shall enter into a Cash Management Services Contract with a local bank no later than March 31, 2000. This contract shall be placed for bid among all the qualified local banks. This contract shall provide for zero balance checking accounts for certain revenue, operating, and construction accounts of the City. These accounts shall be designated by the Director of Finance. The Director of Finance or his designee shall monitor investments pursuant to a Cash Management Services Contract. The investment of surplus funds in overnight repurchase agreements pursuant to this contract shall not exceed $1,500,000 for three consecutive working days. These investments hall be guaranteed by obligations of the U.S. Government. Funds in excess of $1,500,000 shall be invested in accordance with the preceding paragraphs. XII. INVESTMENT REPORTS In accordance with City of Sebastian Ordinances Section 2-120, quarterly investment reports shall be provided to the City Council. The investment report shall include a list of the investments in the portfolio by fund, type, maturity, interest rate or yield, book value, market value, and income earned as of the report date. XIII. INTERNAL CONTROLS The Director of Finance shall, by January 1, 2000, prepare written internal control policies and procedures for investment transactions made pursuant to this Investment Policy. The City Manager shall be notified immediately upon deviations from currently approved investment policies. Compliance with these internal controls shall be audited annually by independent auditors as part of the City's annual financial audit. XIV. CONTINUING EDUCATION REQUIREMENTS The Director of Finance shall complete eight (8) hours annually of continuing professional eduoation in subject courses of study related to investment practices and products. XV. POLICY REVIEW This Investment Policy shall be reviewed annually by the Director of Finance who shall make recommendations for amendments as appropriate. Page 4 of 4 HONE OF PELICAN ISL4ND City of Sebastian, Florida Subject: Fiscal Year 2003-2004 Budget Ca~//~.. AP~~r Exhibits: · Fiscal Year 2003-2004 Budget Calendar EXPENDITURE REQUIRED: N/A Agenda No. (~,~-0 .~'3 Department Origin: Finance (~ Date Submitted: April 15, 2003 For Agenda of: April 23, 2002 AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY During the course of each budget year, the City Council approves a budget calendar which sets the dates when certain actions will be accomplished for purposes of complying with reporting requirements as well as, complying with the timing of adoption of the budget in conjunction with the other taxing authorities in the County. Staff has developed a fiscal year 2003-2004 budget calendar for your review. There may be changes depending on the County's meeting schedule, which has been known to change in the past. More importantly, staff has scheduled budget workshops on Wednesday opposite to the norrnal council meeting nights in August, however, staff has scheduled public hearings on regular meeting nights in September. This has been done so that the City does not schedule the public heahngs to close to the County and School Board budget hearings thereby preventing potential conflicts. RECOMMENDED ACTION Approve the fiscal year 2003-2004 budget calendar. FISCAL YEAR 2003-2004 BUDGET CALENDAR DATE 2/13/2003 4/11/2003 4/14/03-4/18/03 4/23/2003 4/24/03 - 5/9/03 4/28/2003 6/9/03 - 6/13/03 6/2/2003 6/23/2003 7/10/2003 7/24/2003 8/14/2003 TBD 8/1/2003 8/20/2003 TBD 9/9/2003 9/10/2003 9/16/2003 9/24/2003 .DAY EVENT Thursday City Manager's Budget Workshop with City Departments Friday Fiscal Year 2004 Proposed Budgets to Finance for Compilation Monday thru Friday Finance Compiles Budgets Wednesday City Council approves Budget Calendar Thursday thru Finance Director to meet with Departments - go over programs, Friday preliminary budgets, goals, objectives, etc. Monday Capital Improvement Program Meeting with Departments. Monday thru Friday City Manager Fiscal Year 2004 Proposed Budget Meetings with Departments and Divisions Tuesday Friday Thursday Thursday Thursday TBD Friday Wednesday TBD Tuesday Wednesday Tuesday Wednesday Estimate of Property Value to be received from Property Appraiser City Manager's Reconm~ended Budget to be compiled and mailed to Budget Advisory Committee members with supporting documentation. Budget Advisory Committee meeting Budget Advisory Committee meeting Budget Advisory Committee meeting, if necessary 1ST READING OF SCHOOL BOARD BUDGET @ 7:00p.m. Fiscal Year 2004 Proposed Budgets to City Council Council Budget Workshop @ 6:00 p.m. FINAL ADOPTION OF SCHOOL BOARD BUDGET @ 5:30p.m. COUNTY 1ST READING OF COUNTY BUDGET @ 5:01 p.rr~ 1st Public Hearing of City Budget - Adopt Preliminary Millage Rate @ 7:00 p.m. COUNTY ADOPTION OF BUDGET & MILLAGE RATES @ 5:01 p.m. Final Public Hearing of City Budget - Adopt Final Millage Rate and Budget Resolution @ 7:00 p.m. City of Sebastian, Florida ._ . AGENDA TRANSMITTAL Subject: construction noise; 0-03 -4 Agenda No. Date Submitted: 4/16/03 For Agenda of: ,. 4/23/03 SUMMARY: As discussed previously, the limits on hours of construction noise, along with other noise abatement provisions, were removed from the Land Development Code during its last update. Since these restrictions aren't directly related to land use, this was appropriate. However, no replacement provisions were written into the regular Code. The proposed Ordinance reinstitutes the prior restrictions with one change. The previous ban on Sunday construction activities could not withstand court challenge. There is a valid basis for limiting noise during the weekend as a whole, so a later start time is proposed for the weekends. If this is not desired, an easy amendment can make a consistent 7 to 7 schedule for all the days of the week, or ban construction from the entire weekend, however the Council wishes. More extensive regulations on noise will require greater research and will come at a later date. RECOlVlMENDED ACTION: At Council's discretion- Move to pass Ordinance 0-03-4 ........ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER.' ~j~ ORDINANCE NO. 0-03-4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6, HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residential construction, by necessity, brings activities of a commercial nature into the residential neighborhoods of the City; and WHEREAS, the peaceful enjoyment and tranquility of the citizens in their homes can best be protected by limiting the hours that such construction activities can take place; and WHEREAS, the traditional Monday through Friday work week is still the norm for a significant number of Sebastian citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Section 26-6 Hours of Construction Limitations which shall read as follows: Sec. 26-6. Hours of construction limitations. Construction activities within the city limits shall only be allowe0 durin~ the hours of 7 a.m. to 7 o.m.. Monday thromyh Friday. and 9 a.m. to 5 r>.m. on Saturday and Sunday, Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of April, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 u.s. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, The Press Journal has been entered as second class matter at the Post Office in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Price Per Day PO # 2671863 City of Sebastian 0410912603 $65.72 ord. 0-03-04 Total $65.72 Subscribed and sworn to me before this date: O4/07/20O3 BEVERLY M. KEEHNER / No. CC797362a ~J Persona~ly Y, now~ [ ] Other i.D. ,1010 Legal ~Netiee$ PuBLIc HEARING NOTICE ; CITY OF SEBASTIAN iINDIAN,RIVER COUNTY, ' . FLORIDA ORDINANCE. NO; O~03-04 AN ORDNANCE OF THEj CITY OF SEBASTIAN? INDIAN RIVER COUNTY,~ FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CON- STRUCTION · [IMITATION; PROVIDING FOR CON- FLICTS; PROVIDING FOR SEVERAB~LITY;' PROVIDING FOR AN EFFECTIVE DATE. The City Council o~ file Ciiy of Sebastian,' Indian River County, Florida, will hold a public hearing concerning the adoption of-the OrdinanceI with the'title as shown ab0ve~ on Wednesday April 23rd, I 2003 at 7:00 p.m. in the CIl~yI Council Chambers, City Hall/ 1225 Main Street, Sebastian, Flarida. At the conclusion of this'public hearing orat a subsequent meeting; the City Council may enact this Ordi- nance into ~ law. ' Interested parties; ma,/ inspect the pro- 15osed Ordinance in fha Office 'of the' C ty. Clerk .at City Hall and may appear at the hearing' and be heard with;~respect to the proposed Ordinance. Any per~on who mq¥ wish to appeal..any decision which may be .made;.by the City Cogncll at 'this hearing wvill need to ensur~ that a verba- tim.record of the proceedings is made which record includes .the testimony and evidence upon ,which the appeal will be based.. (F.S. 286.0105) In compliance with the Ameri- can with Disabilities ActI (ADA), anyone who needs a special accommodation forI this meeting sh0~ld contact I file City's ADA CoerdinatorJl at 589-53301 at 'least .481 hours in advance of the meefihg. By Sally A. Maio, CMC City Clerk April 9, 2003 ' 2671863r City of Sebastian, Florida Subject: Petition for Voluntary Annexation by Forte Macaulay Development Inc for a proposed 72-acre planned unit development situated at the intersection of CR 510 and CR 512, and known as Sebastian River Landings. Approved for Submittal by: Agenda No. ~.~. O q5 Department Origin: Growth Management Tracy E. Hass~ Date Submitted: April 16, 2003 For Agenda of: April 23, 2003 Exhibits: Ordinance No. 0-03-07, letter of request, location map, application, and Chapter 171.044 F.S. EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None I REQUIRED: None None SUMMARY Forte Macaulay Development Inc. submitted a letter of request for the annexation of 72+/- acres of land situated at the intersection of CR 510 and CR 512. The proposed use of the property is for development of a Planned Unit Development to be known as Sebastian River Landings. Additionally, the property is currently zoned Agricultural (A-l) with a Low Density Residential (L- 1), 3 units per acre, land use designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-R), with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. A separate land use change is being requested for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the developer. RECOMMENDED ACTION Move to pass Ordinance No. 0-03-07 on first reading and schedule a second reading and public heating for May 14, 2003. ~ ORDINANCE NO. 0-03-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Tlt-E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See Exhibit "A " attached as depicted on the attached map. Section 2. INITIAL LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-02-14. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of May, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney a~ 8 SKETCH OF LEGAL (NOT A SURVEY) SHEET 1 OF 3 I W L7 / LAND DESCRIBED IN 0.R. BOOK 1085. PAGE 2110 LAND DESCRIBED IN O.R. BOOK 1063. PAGE 1071 L16 LAND DESCRIBED IN O.R. BOOK 1131. PAGE 2872 SOUTHEAST 1/4. 0f THE SOUTHWEST 1/4. LESS O,R. BOOK 193. PAGE 4.96 -SCALE: 1"=400' DWN.BY:D.D.G. CHD.BY:J.M.M. CLIENT NO. 2020015 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF' THE PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW ANO ITS CER- TIF'ICATION IS NON-TRANSFERABLE. ANY COPY HEREOF. TO BE CON- SIDERED VALID. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY' THI~ FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. LAND SURVEYINC INC. StEE TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 3 UNE TABLE LINE LENGTH BEARING L1 65.4.1' S 8g'43'01" E L2 21.99' N 00'08'38' E L5 655,71' N 00'15'08' E L5 500.59' S 89'49'19" E L6 659.29' N 00'10'4.0" E L7 762.51' S 89'36'05" E L8 124..58' S 00'16'34" W L9 24..09' $ 89'41'56" W LIO 352.97' N 00'08'39" W Lll 186.69' N 18'4.1t05'' E L12 1365.52' S 36'4.6'08" E L13 966.25' S 00'20'59" W L14. 1788.06' N 89'4.5'01" W L15 564.30' N 00'16'59" E L16 313.50' N 89'4,,3'01" W L17 564.50' S 00'16°59" W L18 587.15' N 89'45'01" W ICURVE I RADIUS DELTA .C1 2205.75' 12'07'3,3" CURVE TABLE LENGTH CHORD 466.82' : 465.95' CHORD BEARING N 4-4'30'42" E -C ERTI'F:I CATION ! H~REB'Y CERTIFY T'I...~T THt~ S&.;-r'cH ~ A4,a, DE UNDER M'K RESF~ON$1BLE CHARGE I~E~'7~ ~ MINIMUM TECY-INICA(. ST~r~.AR~$ AS $~'r FORTIH ~ TH~ F~LORIOA BOARD ~6NINO BATE: ~02 F~. CERT. NO.6~89 THIS SKETCH ~ BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIF1C. ATION IS NON-TRANSFER&BI_E. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAt. OF A REGISTERED SURVEYOR EMPLOYED BY THIS F1RM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS. INC. ~'ILLIAM MOTT LAND SURVEYING INC. SATEU. JTE BE. ACH Pf~F'ESSIONAL CEN'I~R 1275 ~OUTH PATR~CX DRN[. SUITE H SATELUTE BF,,NCH, FI..ORI~A, 32957-5955 SKETCH .. (NOT A · SHEEY OF LEGAL. SURVEY) 3 OF-3 LEGAL DESCRIPTION:-OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.R. Book 1085, Page 2!10 and O.R. Book 1063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: : Beginning at the Southwest comer of said Section 23; thence South 89°43'01'' Eastalong the South line of said Sec'don 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel'8851-150, as recorded. in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF- BEGINNING of the herein described parcel; thence North 00°08'38'' East along said East Right-of- Way line, a distance of 21.99 Feet; thence North 00°1E08'' East along said East Right-of-Way line, a distance of 655.71 Feetto the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian River County; thence South 89°49'19'' East along said South line, a distance of 500.59 Feetto the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40'' East along said F~t line, a distance of 659.29 Feet to the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 89~36'0E' East along said North line of the Southwest 1/4 of the Southwest 114, a distance of 762.51 Feet to the Northeast comer of the Southwest 1/4 of the Southwest t/4 of said Section 23; then~:e South 00°16'34" West along the East line of said Southwest' 114 of the Southwest 114, a distance of 124.58 Feet; thence North 89°41'36" East, a distance of 24.09 Feet; thence North 00"08'39" West, a distance of 332.97 Feet; thence North 18°41'03'' East, a distance of 186.69 Feet to the point of curvature of a non tangent circular curve concave to the Northwest, having a radius of 2,205.75 Feet, and a central angle of 12°07'33"; thence from a tangent bearing of North 50°34'29'' F~t, run Northeasterly along the arc of said curve an arc distance of 466.82 Feetto theWest Right'of-way line of the Sebastian River Drainage District Right- of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°4~08'' East along the said West Right-of-Way line, a distance of 1,365.52 Feet; thence South 00°20'59'' West along the said West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 1/4 of said section 23; thence North 89°43'01'' West along the said South line, a distance of 1,788.06 Feet to the East line of lands described in O.R. Book 486, Page 677, of the said Public Records of Indian River County; thence North 00°16'59" East along the East line of said O.R. Book 486, Page 677, a distance of 564.30 Feet to the North line of said O.R. Book 486, Page 677; thence North 89°43'01'' West along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Feet to the West line of said O.R. Book 486, Page 677; thence South 00"16'59" West along the said West line of O.R. Book 486, Page 677, a distance of 564.30 Feet to the said South line of Southwest.l/4 of said Section 23; thence North 89~43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 Acres of land more or less. CHD.BY: J.M.M. ICLIENTNO. 2020015 CERTIFICATION HEREBY' CE~TIF"Y TI-fAT THf$ SI~'~."TCH W.A~ 1,4ADE UNDER ~ RESPONSIBI..E CI'f,a,R~E AND ~*UR~ TO SE~_//~/~7/~THE FLORIC~, STATUTES. ~ ..,,/J~/" ..,/( /~ . DANIEL D. GARNER, P.S.bl. SIGNIN'~ '"~'-D-ATE:~ ~d.~_O,~7/0'2 FLA. CERT. N0.6189 THIS SKETCH HA~ BEEN PREPARED FOR THE EXCLUSIVE USE OF' THE PER~ON, PERSONS OR ORGANIZATION IDENTIFIED BELOW ~40 ITS CER- TIFICA"RON IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MuST Bi[ EMBOSSED WITH THE S~,L OF A REGISTERED SURVEYOR EMPLOYED BY THIS RRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SATEM.ffE BEACH PROFESSIONN. CENTER 1275 SOUTH PATRIC~ DRNE. SUITE H SATEU. JTE BEACH. R. ORIOA, 32937-3955 PHONE (521) 775-4525 ucc~sg~ MOSBY AND ASSOCIA TES, INC. 2455 14th Avenue Post Office Box 6368 vero Beach, Flora 32961-6368 Telaphone: 561-,.~9-00~5 · Facsimil,: 561-778-3617 March 26, 2002 Mr. Tracy Hass City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Sebastian River Landing - Forte Macauley Development Indian River County, Florida Engineer's Project Number: 02-145 Dear Mr. Hass: On behalf of the subject property owner's we are requesting that the subject property be annexed within the corporate limits of the City of Sebastian. The property consists of 72.5 ac. and is located on the southeast comer of the intersection of CR510 and CR512. Attached is a copy of the survey with legal description of the property. Our client for this project wants to p~,ceed as soon as possible on this project. Should ],~u ,hav~fany~luestions regarding the above subject, please call. an~ty Mosby, P.E. RLM/jeb Section 23 31s-38e map # 0Z33 compiled 08/07/01 by the Indian Ri~er County Property Appraiser's Office page 1-79 Permit Application No.' "' City of sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: MR. TIM. LTE~t~S &ddress[ 1688 W. HIBISCUS BLVD. MELBOURNE, FL 32901 PhoneNumbe~..(321 ) 953 - 3300 FAXNumber. (321) 984-2890 E-Mail: Owner (If different from applicant) Name: Address: Phone Number: ( ) - FAX Number:. ( ) - E-Maih IType of permit o~~requested: PLEASE COMPLETE ONLY'THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'i-i'ACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable): SEBASTIAN" RIVER LANDINGS J B. Site Information Address: SOUTHEAST CORNER OF CR512 & CR51 0 Lot: Block: Unit: Subdivision: SEE LEGAL Indian River County Parcel #: 23_31-38-00000-5000-00005-0, 5.1, 5.2 Zoning Classification: Future Land Use: RESIDENTIAL ~(Q._u.~l c3~ PUD-R ', Proposed Use: RESIDENTIAL Existing Use: VACANT C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): ANNEXATION FROM INDIAN RIVER COUNTY TO THE CITY OF SEBASTIAN AND THE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT DATE RECEIVED: Form CD-.200'I O-Q. FEE PAID: $ 3~x)-6~ RECEIVED B~ - Permit Application No. D. Project Personnel: Agent: RANDY MOSBY, P.E. Name: MOSBY & ASSOCIATES, INC. Address 2455 14th AVENUE VERO BEACH, FL 32960' Phone Number:.(561)569 - 0035 FAX Number: (561 )778 - 3617 E-Maih Attorney: Name: Address Phone Number:. ( ) FAX Number: ( ) E-Mail: Engineer: RANDY MOSBY, P ·E. Name: MosBy & ASSOCIATES, INC. Address 2455 14th AVENUE VERO BEACH, FL 32960 PhoneNumbe~. (561) 569 - 0035 FAXNumbe~. (561) 778- 3617 E-Mail: Surveyor: Name: WILIAM MOTT LAND SURVEYING, INC. Address 1275 S. PATRICK DRIVE, SUITE H SATELLITE BEACH, FL 32937 PhoneNumbeF.(321) 77.3"- 4323 FAxNumber: (321) 777-4795 E-Mail: ~3:;*~i,~, . ~ 3.~ ~ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: i AM THE OWNER ~ kM--THE LEGAL'REPRESENTATIVE OF TH~. OWNER OF ~E PROPER~ DESCRIBED WHICH IS THE SUBJECT MA~ER OF THIS THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE APPLICATIO~ THA~ALL ~ ~ DATE ~~AN~BSCRIBED BEFORE ME BY ~O~ .~C ~ ~HO IS p~RSONALLY KNOWN TO M~OR PRODUCED AS IDENTIFICATION, THIS ~ DAY OF ~~ -' ~~ NOT^R¥'S S,GNATURE PRINTED N~Q%F_N OTARY coM. ,¢0,' . p,RAT, ON ,o,,c. MY COMMISSION # CC 980216 ~ 2 of 3 -~-~eloprnent Application Revision: _~ File ~~a Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/~NE, THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT '~F THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planninq & Zoninq. BOARD/COMMISSION OF THE CF~Y OF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPER'P/IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~VE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR ~EWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY coERcION APPLIED, OR TH ~~,4'iD-~O N SENT PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. ..... DATE ~:~:'r~:~nd s~ubscribed before me by_ who i~ personally known ta-.a:~or produced as identification, this __L.~~ day of r"~/4 .... ~J~ '~. ~-- Notary's Signature Printed Name of Notary Commission No./Expiration ~~l~ Seal: EForTh CD-200~ Page 3~vel°pment Application Revision: ~ ~ File ~-~a EVKNS BUTLER ~002 AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF INDIAN RIVER President of 510/512 Holdlngs~.Inc. L lack Davis, President of Pdver Valley l~arms. Thc,, being daly sworn depose and say ttmt I ax= the Owner in fee simple of ail that cerr~ piece ar paxcel of l~._el situated and lying in Indian River _C _orporation ,aforesaid. and known and designated as: Approxlm_~tely ?g acres. Tvrp 31, Rn~ 38 Has~. SW 1/4 of SecIion 23, Indian River County That I authorize the applicants, as Retmesentatives of Forte lvIacaulay Development Cansult~ts, Ina, Hu~h lvL Evans, Sr., Arthur F. Ewes, TIT an~l/o~ Timothy C. Selus, t~ be ouz ag~ aha apply for thc consicla-afion of annaxa~on, rezoni~g, site plan approvals, subdivision plat ~eview application, pr~llmin~y and final plat v=view and approval, or any other necessaiT development order, comp p~=- ~,~,~,~ or permk ~equired to devdop and plat the above ~ prop~nm as a sinst¢ family r~idence subdivision wir~i~ the Indian River County. anct tha~ th~ star~menm of fac~ contained in said application are t~ue. STATE OF FLORIDA COUNTY OF INDIAN RIVER vy t~r_~v. ~e~v~L_~ , who is pcmonally known ro mc, or who h~ produced ~.F~W'c~ (~e.~- as iden~:~eation. Notary Public ' State of Florida.at Laxge My Commi~. 'on F~xpires: 05/16/2002 i~! ~l. FAX ~32i 98A 2890 EVANS BUTLER ~003 '"" ", ' "' 'J ".. .". ' , ,i '. ';' ' ',".' AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF [~REVARD I, Timothy C. 3elus, member of Sci, as'dan ]River Land. g, LLC, being duly swora depose and say Sebastian River Landing, LLC is the Developer of that certain piece or parcel of land situated and lying ia the City of Sebastian aforesaid, and known and designated as: That I authorize Kepresentatives of Mosby and ASsociates, Inc. to be the agents of Sebastian P. iver Landing, LLC; and to apply for the consideration of annexation, rezo~i~g, site plan approvals, subdivision plat review application, prelimirmry and final plat review and approval, or any other necessal7 development order, comp plan amendment, or permit required to develop and plat the above described properties as a single family residence subdivision within the City of Sebastian, and that thc statements of fact contained in sa/d applica~~ - . Sebastian River~_nding, LLC. Timothy C. Jelus, Member STATE OF FLORIDA COUNTY OF The foregoing insw,ment was acknowledged before me th;~ ,/~'~- day of by '7',,...~-,..,~ C. J¢ ~ , who is personally known to me, or who has produced ~ identification. - N°~~uN/~ State of Florida at Large ,, My Commission Expires: ,2002, ELIZABETH E. KENNEDY Notary Public, Slats of Florida My Comm. exit. Aug. 31,200,1 Comm. No. CC 96~859 171.044 Voluntary annexation.-- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an'exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must proVide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. History.--s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 75-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176. ORDINANCE NO. O-02-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WI~TCI~ AMENDS TltE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIleICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 67 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of' Timothy Jelus and Hugh Evans for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-1 (Low Density P,.esidential, 3 units per acre) to two parcels designated LDR (Low Density P,.esidential) and CL (Commercial Limited) in the City; and WHEREAS, the City Council has considered the criteria identified in Section 54-1-2.9 of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WI-W.~AS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals o£ the City o£ Sebastian. NOW, TFI~..REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "21" Section 2. DESIGNATION. The Comprehensive Plan Future-Land Use Map shall be amended to include the affected property, and designate the following described property as LDP~ (Low Density Residential): See attached Exhibit "B" and shall designate the following described property as Commercial Limited: See attached Exhibit "C" in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. . CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 28th day of August, 2002, by Councilmember Councilmember Ma j c h e r Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio 13a r c zyk The motion was seconded by and, upon being put to a vote, the vote was as follows: aye aye aye aye aye ATTEST: City Clerk' ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,200__. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney Regular City Council Meeting August 28, 2002 Page Six Lisanne Monier, read a letter into the record, suggesting revisions to the plan as to intensity and for the protection of the riverfront. Damian Gilliams, suggested that a sidewalk be added on the south side of Jackson to US 1. The City Manager said there is a sidewalk proposed in front of the Community Center at this time for fiscal 2002/2003. Sal Neglia, objected to the discussed crosswalk. MOTION by Coniglio/Hill "I'd like to move that we overturn the denial and grant approval of the site plan with the addition of the stop signs as proposed by the--as proposed." Mr. Hill noted that the street will be city right-of-way and the city can conduct the appropriate studies and accomplish whatever is necessary. Mr. Majcher said he wanted to add the access to other property owners. Mr. Hill said the only way that could be done is to purchase the land and reduce the parking requirements, and that is a responsibility of the landlord to purchase the needed land. ROLL CALL: Mr. Hill - aye Mr. Barczyk ' aye Mr. Coniglio - aye Mr. Majcher - nay Mayor Barnes - aye MOTION CARRIED 4-1 (Majcher- nay) Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:33 p.m. All members were present. 02.189 First Public Hearinq on Ordinance No. O-02-13 - Sebastian River Landings Comprehensive Land Use Amendment for 72 Acre Planned Unit Development - CR510 and CR512 - For Transmittal to DCA (Growth Manaqement Director Transmittal 8/21/02, O-82-13, Conceptual Plan, Location Map, and P & Z Recommendation) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Advertised PJ Display) Regular City Council Meeting August 28, 2002 Page Seven Mayor Barnes opened the public hearing at 8:34 p.m. and the City Attorney read the Ordinance by title. He advised that the acreage is actually 66.912 acres due to the removal of a lateral canal and that as a first reading this is allowable since it is a reduction, not an increase. The Growth Management Director presented the proposed comprehensive land use plan amendment for property scheduled for annexation based on City Council favorable action on land use and rezoning. He advised that with Council approval, the land use will be transmitted to the Department of Community Affairs and upon return with comments, scheduled for a second hearing. It was noted that this was an area considered during the impact analysis study. The Growth Management said lot sizes have not yet been determined and will be addressed in the preliminary development plan. Mr. Majcher asked if Council could set a minimum lot size when Considering whether or not to annex this property, due to the fact that this is the gateway to the City. The Growth Management Director said the PUD ordinance allo~vs flexibility. The City Attorney said special concerns can be incorporated. Discussion took place on the density of 3.5 units per acre as. requested. Tim Jelus, 1688 West Hibiscus Boulevard, Melbourne, described the types of deed restricted developments they provide, which require a higher density to offset improvements such as curb and gutter, elaborate landscaping, open recreation area, brick entrances, lighting, fountains, etc. He said the average · home will be 1800 to 2000 square feet at an average cost of approximately $15O,OOO. MOTION by Majcher/Hill "1 would make a motion than that we would approve it based on what the county would go for which would be 3.0 units per acre as opposed to 3.5." The City Attorney advised that the approval being requested is only Iow density residential land use for transmittal to the Department of Community Affairs and that the appropriate time for this motion is during the next item. The motion was withdrawn. Jack Davis, addressed City Council on history of development in this area. Dan Bryant, Vero Beach, supported the annexation. TAPE II - SIDE I (9:17 p.m.) Regular City Council Meeting August 28, 2002 Page Eight Wesley Davis, encouraged Council's attention to this annexation. Pete Connelly, Land Acquisition Agent for McCauley Development, urged approval. Sheri Reichert, 772 Cavern Terrace, Sebastian, expressed concern about impact of annexation, suggesting imposing assessments for future needs. The City Attorney apologized for allowing density to be discussed at this stage and recommended that the testimony given be submitted as evidence with the conceptual plan. MOTION by Barczyk/Majcher "1 recommend we hold first reading and public hearing for Ordinance No. O-02-13, and move to authorize staff to transmit the proposed land use amendment to the Florida Department of Community Affairs for review." The City Attorney clarified the motion included the amended acreage. ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 02.189 First Public Hearinq on Ordinance' No. O-02-i4 - Sebastian River Landin.qs Conceptual Development Plan and Rezonin.q for 72 Acre Planned Unit Development- CR510 and CR512 -2nd Public Hearin.q to be Conducted at a Later Date (Growth Mana,qement Director Transmittal 8/21/02, O-82-14, Conceptual Plan, Location Map, and P & Z Recommendation) This item is Quasi-Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISITING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the Ordinance by title, clarified that this is the first of two hearings. Mayor Barnes opened the hearing at 9:29 p.m. There was no ex-parte communication to disclose. The City Clerk swore in the Growth Management Director and the applicant, Timothy Jelus. The City Attorney asked them to swear by their previous testimony for this quasi-judicial matter.,,.-~---~ o'ff oF HONt[ OF PELICAN ISLAND City of Sebastian, Florida Subject: Resolution No. R-03-21 Adopting an A/~ed Fi~/yiear 2002-03 Budget. r S,uJt~mi : ' y~_.~l~ger Agenda No. O,.~, O~Z 7 Department Origin: Finance ~ Date Submitted: April 16, 2003 For Agenda of: April 23, 2003 Exhibits: · Resolution No. R-03-21 · 2"a Quarter Budget Review Memorandum · Project Status Reports by fund as of March 31, 2003 · Schedule of Investments by Fund with the State Board of Administration as of March 31, 2003 · Schedule of Investments by Type as of March 31, 2003 EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: REQUIRED: N/A N/A I N/A SUMMARY Pursuant to policy established in previous fiscal years, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports and investment reports are also included for your review. Following adoption of the City of Sebastian's budget on September 25, 2002, there were several program changes that occurred over the six months ended March 31, 2003 that require an amendment to the budgets of the various funds of the City. These program changes include charges and reimbursements for the Pelican Island Festival for Personal Services costs associated with overtime, revenue increases based upon current trends over estimates, supplemental appropriations, bond proceeds distribution for capital improvements and the debt service fund associated with it and appropriations made during the first quarter by City Council. In keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 03-21, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 2nd Quarter Budget review. Move to approve R-03-21. RECOMMENDED ACTION RESOLUTION NO. R-03-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 25, 2002, the City of Sebastian adopted Resolution No. R-02-41 providing for the adoption of the City's 2002-03 budget; and WHEREAS, an analysis of the revenues and expenditures for the six (6) months ended March 31, 2003 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2002 and ending September 30, 2003 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Ordinance shall be come effective on March 31, 2003. 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 Ray Coniglio Councilmember Joe Barczyk Councilmember Nathan B. McCollum Councilmember James A. Hill The Mayor thereupon declared this Resolution duly passed and adopted this 23~d day of April, 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 FUND GENERAL Revenues Expenditures LOCAL OPTION GAS TAX Revenues Expenditures DISCRETIONARY SALES TAX Revenues Expenditures RIVERFRONT REDEVELOPMENT Revenues Expenditures RECREATION IMPACT FEE Revenues Expenditures STORMWATER UTILITY FEE Revenues Expenditures LAW ENFORCEMENT FORFEITURE Revenues Expenditures G.R.E.A.T. PROGRAM Revenues Expenditures DEBT SERVICE Revenues Expenditures DST SER 2003 DEBT SVC FUND Revenues Expenditures CAPITAL PROJECTS FUND Revenues Expenditures GOLF COURSE Revenues Expenditures AIRPORT Revenues Expenditures 5,891,440 5,891,440 1,588,510 1,588,510 REVISED BUDGET $ 9,245,028 $ 9,245,028 $ 695,179 $ 695,179 $ 1,975,826 $ 1,975,826 $ 217,387 $ 217,387 $ 248,982 $ 248,982 $ 737,574 $ 737,574 $ 13,101 $ 13,101 $ 32,050 $ 32,050 $ 64,616 $ 64,616 $ $ $ $ $ $ $ 205,968 $ 6,117 $ 205,968 $ 6,117 ADJUSTMENTS $ 122,139 $ 122,139 $ - $ - $ 234,739 $ 234,739 $ 108,000 $ 108,000 $ 36,936 $ - $ $ $ $ - $ - $ - $ $ $ 771,724 $ 771,724 $ 8,430,788 $ 8,430,788 AMENDED BUDGET $ 9,367,167 $ 9,367,167 $ 695,179 $ 695,179 $ 2,210,565 $ 2,210,565 $ 325,387 $ 325,387 $ 285,918 $ 248,982 $ 737,574 $ 737,574 $ 13,101 $ 13,101 $ 32,050 $ 32,050 $ 64,616 $ 64,616 $ 771,724 $ 771,724 $ 14,322,228 $ 14,322,228 $ 1,588,510 $ 1,588,510 $ 212,085 $ 212,085 EXHIBIT "A" HOME Oi: PEMCAN ISLAND TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER DATE: APRIL 23, 2003 SUBJECT: 2ND QUARTER BUDGET REVIEW - MARCH 2003 As of March 31, 2003, the status of budgets for the major operating funds was as follows: % OF BUDGET AMENDED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 9,245,028 $ 4,976,909 $ 4,268,119 53.8% Expenditures $ 9,245,028 $ 4,237,424 $ 5,007,604 45.8% GOLF COURSE Revenues $1,588,510 $ 902,369 $ 686,141 60.5% Expenses $1,588,510 $ 875,259 $ 713,251 48.7% AIRPORT Revenues $ 205,968 $ 83,350 $ 122,618 40.5% Expenses $ 205,968 $ 106,805 $ 99,163 51.9% Highlights of the second quarter status analysis include: Overall revenues supporting the General fund are being received as planned. During the six months ended March 31, 2003, 53.8% of the budgeted revenues were received. The second quarter budget review includes recommendations to increase overall revenue by $122,139 that consists of $16,743 in Water Utility Taxes, $1,834 in Propane Utility Service Tax, $36,081 for Communications Services Tax revenue sharing, $3,970 in Occupational Licenses, $10,000 for a Federal Local Law Enforcement Block Grant, $8,988 in PD Overtime Services Fees, $8,850 in Cemetery Fees, $5,138 in Special Events Personnel Service Fees, $6,000 in Parking Fines, $4,600 in Donations and Motor Fuel Tax Rebate, and $39,840 in Fund Transfers from Discretionary Sales Tax, offset by a net projected decrease in Appropriation from Fund Balance of $19,955. The General fund expenditures are projected to have a net increase of $122,139 resulting from various adjustments to fixed costs, addition of reimbursed overtime for the Pelican Island Festival of $~3,988 from Fish and Wildlife, various approved appropriations during the first quarter for PD software equipment for Stormwater, and an increase in overtime costs for the Police Department Dispatch of $21,040. 3. Special Revenue Funds All Special Revenue funds are receiving revenue as planned and recording expenditures as programmed. The only significant change is the necessary increase in the Discretionary Sales Tax Fund to make provision for transfers to a new debt service fund for the Series 2003 bond. Also, an increase to the Riverfront Redevelopment District for the loan associated with the contract to prepare a redevelopment plan for the proposed addition of the triangle area of Sebastian Boulevard to the existing Redevelopment Agency. 4. Debt Service Fund Overall, the debt service fund for the water line assessment is receiving revenue as planned and recording expenditures as programmed. There are no changes to this fund for the second quarter. There is an additional Debt Service Fund being added to the overall number of funds via Bond Resolution for the accumulation of funds for the debt service on the Infrastructure Sales Tax Revenue Bond, Series 2003. 5. Capital Projects Funds Enclosed with this budget review are capital project status reports. There are several recommended capital projects to be added in the second quarter, toinclude the City Hall complex. 6. Golf Course Fund The Golf Course revenues are less than anticipated through the fh'st six months. There are, however, no changes recommended for this quarter. The Golf Course expenses are being recorded as programmed and is expected to stay the same for the remainder of the year. There are no recommended changes for this quarter. 7. Airport Fund Overall revenues are being received as planned through the first six months. However, due to a reimbursement for overtime associated with the Pelican Island Festival, as well as an overall increase in expenditures for various and necessary fixed costs, staff recommends an increase in revenue of $6,117. Expenditures are occurring as anticipated, however, adjustments are necessary to reflect increases in fixed costs associated with re-stripping a runway, overtime costs for the Pelican Island Festival, and other fixed COS[S. 8. There are no program improvements recommended for implementation for the 2nd quarter review: Staff has kept within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. 2 ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $4,976,909 or 53.8% of the $9,245,028 budget was received during the six months ended March 31, 2003. This percentage is high due to 89.2 percent property taxes being received during those six months. Last year 58.3% of budgeted revenue was received during the same period. _TAXES: Real and Personal Property Tax Collections is on the same pace as last year at 89.2% of budget collected. Staff is optimistic that the amount budgeted will be collected by fiscal year end. The Franchise Fees and Utility Service Taxes will continue to be monitored, as some of them are below the 50% collection estimate for the first six months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. An analysis of monthly remittances by FPL, Indian River County and the State shows original estimates to be on target for the most part, however, recommended increases for the Water Utility Tax of $16,743, Propane Utility Tax of $1,834 and communication Services Tax of $36,081 are in order due to a greater number of water hookups, sales for propane exceeding expectations, and a higher than expected amount from the State for the Communication Services Tax. LICENSES AND PERMITS: Occupational and Professional Licenses are being received ahead of the pace set last year at 96.1% of budgeted revenues as compared to 94.0% last year for the same period. Occupation License revenues has exceeded projected revenue and is recommended to be increased by $3,970. Construction permitting is well ahead of the prior year of 63.0% at 70.2% of budgeted revenues, however, there is no recommended increase until the third quarter as staff continues to monitor the permits for continued growth and/or the same rate of pe~xnits as is currently being experienced. INTERGOVERNMENTAL REVENUE: During the six months of 2002-2003, the City has received 43.4% of the projected revenue compared to 43.2% for the same period last year. This is mostly due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October 2002 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. The City did receive a grant of $10,000 with a local match of $1,112 (budgeted) from the Federal Local Law Enforcement Block Grant program and is recommending the associated increase of the same. GENERAL GOVERNMENT REVENUE: During this six months the City has received 49.5% of the budgeted revenues in this group. This is an 18.8% decrease from the previous year of 58.8% received during the same period. Although revenue is down from the previous year, an increase in PD overtime service fees associated with the Pelican Island Festival for which we were reimbursed by the Fish and Wildlife Service is required. This will necessitate a recommended increase in this revenue source of $8,988. In addition, with the implementation of fees for the Cemetery, other than lot sales, staff is projecting an increase of $8,850 for this revenue source. Also, reimbursement from Fish and Wildlife Service for personal services in the amount of $5,138 increases the Special Event Personal Services Fees account. Staff continues to be confident that budgeted revenues from these sources will be received. FINES AND FORFEITURES: During the six months ended March 31, 2003, 44.3% of revenue had been collected or received as compared to 39.6% in the prior year. This increase is primarily from Parking Fines of which $6,425 has been collected to date on an estimated budget of $3,274, therefore, staff recommends increasing this budget by an estimated $6,000. MISCELLANEOUS REVENUES: During the six months ended March 31, 2003, the City has received 47.3% of miscellaneous revenues. This compares to 56.3% received in the prior year for the same period. This decrease is primarily due to the fact that some of the revenue sources do not receive collections prior to March 31. There are, however, two revenue sources that have or are expected to increase. Due to a sizable donation, of $1,000 for the Public Safety Employee funds, we recommend a con'esponding increase in budget associated with the donation, which was entirely unexpected. In addition, due to the implementation of the fuel tank at the compound, the expected revenue from the Fuel Tax Rebate has doubled in two months; therefore, staff recommends increasing this budget by $3,600. OTHER REVENUE SOURCES: Other revenue is being received as planned. There was two appropriations by City Council during the second quarter for equipment and software for the Stormwater Division and the software for the PD RMS/CAD upgrade, respectively, and is incorporated herein in the amount of $39,840. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: Department: General FUnd Taxes 4,966,982 54,658 5,021,640 Licenses and Permits 558,848 3,970 562,818 Intergovernmental 1,708,857 10,000 1,718,857 Charges for Services 252,243 22,976 275,219 Fines and Forfeits 130,927 6,000 136,927 Miscellaneous Revenues 163,749 4,600 168,349 Interfund Transfers 491,401 39,840 531,241 Non-Revenue Sources 972,021 (19,905) 952,116 Total :;9;245;0281, : : 2' :: ::::12 ,139::: 9i367,167 NET RECOMMENDED INCREASE TO THE GENERAL FUND REVENUES $122,139. 4 ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include adjustments to fixed costs associated with billing changes, rate changes, usage, etc. since originally budgeted in mid fiscal year 2002. Half of the departmental percentages were at or below the 50% level for the six months ended March 31, 2003. In addition, there are additional funding requests included by department. EXPENDITURES: ORIGLN~L REVISED Department: City Manager BUDGET C~NGES BUDGET PERSONAL SERVICES 280,015 0 280,015 OPERATING EXPENDITURES 23,428 360 23,788 CAPITAL OUTLAY 1,515 0 1,515 Total Operating Expenditures - Increase recommended for cellular telephone services of $360 for a change in provider from Verizon to Nextel to be on the same service as the rest of the City. Department: City Clerk 2002~2003 ~C0~~ED : 2002::2003: BUDGET CHANGES ::BUDGET PERSONAL SERVICES 200,946 0 200,946 OPERATING EXPENDITURES 71,021 50 71,071 CAPITAL OUTLAY 5,875 0 5,875 Operating Expenditures - Increase of $50 is associated with the reallocation of telephone service charges from non-departmental with the implementation of the new phone system which charges the specific phone number associated with the depm'tments. Department: Finance : 2002~2003 RECO~~ED 2002i2003 CHANGES: PERSONAL SERVICES 256,566 0 256,566 OPERATING EXPENDITURES 79,456 135 79,591 CAPITAL O UTLA Y 1,515 0 1,515 Total Operating Expenditures - Increase of $135 is associated with the reallocation of telephone service charges from non-departmental with the implementation of the new phone system which charges the specific phone number associated with the departments. M;LS' Divisi°n CH~N~ES ~ PERSONAL SERVICES 74,583 0 74,583 OPERATING EXPENDrrtmES 20,286 365 20,651 CAPITAL OUTLAY 8,451 0 8,451 Total 103~320 Operating Expenditures - Increase of $365 is associated with the reallocation of telephone service charges from non-departmental with the implementation of the new phone system which charges the specific phone number associated with the departments. Administration Division BUDGET iCHANGES :: B~GET~ PERSONAL SERVICES 138,580 243 138,823 OPERATING EXPENDITURES 26,151 0 26,151 CAPITAL OUTLAY 0 0 0 TOtal Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. 6 Department: Police 2002:2003 RECO~~ED 2002]2003 .. School Resource Officer Unit BUDGET CHANGES B~GET : PERSONAL SERVICES 103,737 906 104,643 OPERATING EXPEND fl URES 11,425 0 11,425 CAPITAL OUTLAY 1,034 0 1,034 Total 1i6;196: 906i 1~7,102 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. ORIGINAL ::REVISED Department: Police REcO~NDED 2002,2003 PatrOl DiVisi°n : ~ :B~GE CHANGES ~GET PERSONAL SERVICES 1,361,377 4,744 1,366,121 OPERA"I lNG EXPENDrI'URES 101,566 14,380 115,946 CAPITAL OUTLAY 155,700 (3,268) 152,432 Total 15i856 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Net increase due to associated charges for small tools and equipment of $4,000 and Uniforms of $3,980 in conjunction with the Local Law Enforcement Block Grant of $10,000, and a reallocation of resources for fuel costs from capital outlay of $6,400. Capital Outlay - Net decrease due to a reallocation of resources for fuel costs offset by an increase associated with costs associated with the Local Law Enforcement Block Grant for capital equipment. c°mmunitY P°li~ing U~t ~~S : PERSONAL SERVICES 121,946 613 122,559 OPERATING EXPENDITURES 12,522 0 12,522 CAPITAL OUTLAY 0 0 0 TOta1 [ i3 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Department:Police: 2002i2003 REcO~NDED : REVISED ~ 2002,2003 ii Code WnforcementDivision PERSONAL SERVICES 84,368 0 84,368 ..OPERATING EXPENDITURES 10,147 991 11,138 ... CAPITAL OUTLAY 2,000 0 2,000 Total 96;515 Operating Expenditures - Net increase results from an increase in fuel costs due to under-budgeting for two vehicles. Detective Division PERSONAL SERVICES 417,871 1,972 419,843 OPERATING EXPENDITURES 60,684 3,052 63,736 CAPITAL OUTLAY 9,377 0 9,377 Total 487}932 i : 5i0~ Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Net increase results from an increase in fuel costs due to under-budgeting for vehicles based upon prior year usage. : SupP°rt services DiViSi°n : C~~S PERSONAL SERVICES 233,577 182 233,759 OPERATING EXPENDITURES 24,193 890 25,083 CAPITAL OUTLAY 37,500 11,675 49,175 Total : : 295;270: : 308~017 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Increase associated with City council appropriation for additional costs for Records Management System software. Capital Outlay Increase associated with City council appropriation for additional costs for Records Management System software. Department: e°nce : 2002;2603 Communicati°ns DiVision B~GET PERSONAL SERVICES 314,386 21,040 335,426 OPERATING EXPENDITURES 32,116 440 32,556 CAPITAL OUTLAY 37,500 9,325 46,825 Total 384i002 30~805 1 414;807. Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service of $182 and an overall increase in overtime of $20,858 due to a shortage of personnel (at times down by three dispatchers due to illness, separations, vacations, personal time, etc.) that has requh'ed the use of overtime to cover shifts. Salary savings associated with unfilled positions will ultimately offset this increase. Operating Expenditures - Increase associated with City council appropriation for additional costs for Computer Aided Dispatch System software. Capital Outlay - Increase associated with City council appropriation for additional costs for Computer Aided Dispatch System software. Department: Engineering ::::~CO ~E~.~]]:!: PERSONAL SERVICES 384,847 400 385,247 OPERATING EXPENDiT URnS 26,191 0 26,191 CAPITAL OUTLAY 1,560 0 1,560 Total : i2;998 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. stormWater utilit~ DiVision PERSONAL SERVICES 513,437 691 514,128 OPERATING EXPENDITURES 243,95~ (1,707) 242,244 CAPITAL OUTLAY 111,899 17,510 129,409 Total 869;287 :: 885,781 Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Net decrease associated with a reallocation for budget for parks mowing to the Parks division of $4,679, an increase of $208 associated with the reallocation of telephone service charges from non-~ departmental with the implementation of the new phone system which charges the specific phone number 9 associated with the departments, and an increase in fuel costs of $2,764 for unanticipated increase due to unexpected use of vehicles and equipment. Capital Outlay - Increase associated with City council appropriation for equipment. VISED Department: Roads & ' 2002!2003 2002~2003. Maintenance CHANGES ~/ PERSONAL SERVICES 523,~ 19 2,32~ 525,440 OPERATING EXPENDITURES 74,258 0 74,258 CAPITAL OUTLAY 31,008 0 31,008 TOtal Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Maintenance GE~. ~GE~ PERSONAL SERVICES 164,352 299 164,651 OPERATING EXPENDITURES 56,317 3,903 60,220 CAPITAL OUTLAY 13,900 0 13,900 Total Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Increase associated with $25 associated with the reallocation of telephone service charges from non-departmental with the implementation of the new phone system which charges the specific phone number associated with the departments, $3,096 appropriated by City council for repairs to the three newly constructed bathrooms, and an increase in fuel costs of $2,764 for unanticipated increase due to unexpected use of vehicles and equipment. 10 ReCreation B~GET CHANGES PERSONAL SERVICES 503,520 1,427 504,947 OPERATING EXPENDITURES 163,149 7,758 170,907 CAPITAL OUTLAY 45,762 0 45,762 Total 712;431 ~: 9;185 721;616: Personal Services - Net increase associated with overtime for Pelican Island Festival reimbursed by Fish & Wildlife Service. Operating Expenditures - Net increase results from a reallocation of budget ($4,679) from Stormwater for Parks Mowing along with an increase of $579 for the same and in telephone service for the reactivation and addition of telephone lines for the median sprinkler system on U.S. 1 and Schumann Drive. PERSONAL SERVICES 362,744 0 362,744 OPERATING EXPENDITURES 20,769 453 21,222 CAPITAL OOTLAY 0 0 0 TotaI , Operating Expenditures - Increase results from fuel costs of $453 for unanticipated increase due to unexpected use of in vehicles and equipment. ORIGINAL REVISED Department: Non,departmental 2002,2003 RECo~~ED 2002h2003 OPERATING EXPENDrr URES 538,287 20,939 559,226 INTERFUND TRANSFERS 284,000 0 284,000 CONTINGENCY 0 0 0 Total : .;822~287 : . ;~43756 Operating Expenditures - Net decrease results from the additional charge for prior year worker's comp audit of $17,873, a reallocation of telephone costs to departments of $808, an increase in public safety employee expense fund of $1,000 for an unexpected donation of the same amount, $850 for departmental supplies associated with the purchase of City of Sebastian Shirts for the various board members, and $2,024 for non-ad valorem taxes due to an unexpected increase in the solid waste disposal fee. 11 Following is a summary of the General fund Departments and Divisions explained above: FUND & AMENDED .,RECOMMENDED REVISED ACCOUNT DESCRIPTION BUDGET CHANGES BUDGET ter und Operating Expenditures and Capital Outlay by Department/ Division: Legislative City Manager Central Garage City Clerk Legal Finance M.I.S. Division I-Iuman Resources Police Department: Administrative Division School Resource Unit Patrol Division Conmmnity Policing Unit Code Enforcement Detective Division Support Services Division Communications Division Engineering Stormwater Utility Public Works: Roads & Maintenance Building Mainatenance Parks & Recreation Cemetery Growth Management Building Department Non-departmental Total Operating Expenditures and Capital Outlay by Department/Division: 43,882 43,882 304,958 360 305,318 164,196 164,196 277,842 50 277,892 129,071 50 129,121 337,537 135 337,672 103,320 365 103,685 192,219 192,219 164,731 243 164,974 116,196 906 117,102 1,618,643 15,856 1,634,499 134,468 613 135,081 96,515 991 97,506 487,932 5,024 492,956 295,270 12,747 308,017 384,002 30,805 414,807 412,598 400 412,998 869,287 16,494 885,781 INCREASE ~'DECREASE) 360 50 50 135 365 243 906 15,856 613 991 5,024 12,747 30,805 400 16,494 628,385 2,321 630,706 2,321 234,569 4,202 238,771 4,202 712,431 9,185 721,616 9,185 115,664 115,664 215,512 215,512 383,513 453 383,966 453 822,287 20,939 843,226 20,939 9,245,028 122,139 9,367,167 122,139 NET RECOMMENDED INCREASE TO THE GENERAL FUND EXPENDITURES $122,139. 12 ANALYSIS OF DISCRETIONARY SALES TAX SPECIAl, REVENUE FUND Revenues: Discretionary Sales Tax BUDGET CHANGES: BUDGET: Discretionm-y Sales Tax 1,946,217 0 1,946,217 Other Revenue 29,609 234,739 264,348 Total :;294;739 Other Revenue - Increase results from an appropriation from prior year fund balance to fund an interfund transfer to the newly created Debt Service Fund for the Infrastructure Sales Tax Revenue Bond, Series 2003 for interest debt service due on October 1, 2003 and one-half of principal due on April 1, 2004. This is part of the bond resolution flow of funds for funding debt service on a monthly and annual basis. Expenditures: Discretionary Sales lax CAPITAL OUTLAY 0 0 0 INTERFUND TRANSFERS 1,951,696 258,869 2,210,565 UNAPPROPRIA'I'ED 24,130 (24,13 0) 0 TOtal : Operating Expenditures - Net increase results from appropriation of funds by City council for Stormwater equipment and software for the Police department in the amount of $39,840, an interfund transfer of $469,029 for debt service to the newly created Debt Service Fund for the Infrastructure Sales Tax Revenue Bond, Series 2003 for interest debt service due on October 1, 2003 and one-half of principal due on April 1, 2004, offset by a decrease in transfers of $250,000 originally funded for the City Hall restoration project which is now funded by bond proceeds, and a net decrease in unappropriated DST funds of $24,130. 13 ANALYSIS OF RIVERFRONT REDEVELOPM-F~NT SPECIAL REVENUE FUND Revenues: AD r ~ : : VISED Special;RevenueFund- : 2002~2003:: :RECOM~ED 200222003 Riverfront RedevelOpment Tax Increment Revenues 192,033 0 ~92,033 Other Revenue 25,354 108,000 133,354 71'otal 217~387: : Other Revenue - Increase results from appropriating funds for the City council authorized loan to the Riverfront Redevelopment funds for the Redevelopment Plan contract with Iler & Associates. Expenditm'es: Riverfront RedeveloPment OPERATING EXPENDIT LIRES 82,470 108,000 190,470 CAPITAL OUTLAY 0 0 0 INTERFUND TRANSFERS 130,444 0 130,4'!'!. UNAPPROPRIA2'ED 4,473 0 4,473 TOtal Operating Expenditures - Increase results from the consultant agreement with Iler & Associates for the Redevelopment plan. See funding above. ANALYSIS OF RECREATION IMPACT FEE SPECIAl, REVENUE FUND Revenues: R ec rea ti o n impac t Fee Recreation Impact Fee 246,242 36,936 283,178 Other Revenue 2,740 0 2,740 Total Recreation Impact Fee - Increase results from a greater than anticipated number of building permits for new housing construction that has far exceeded anticipated revenue. 14 Expenditures: Special Revenue Fund- 200242003 RE¢o~NDED 200242003 Recreation Impact Fee BUDGET 'C~NGES BUDGET INTERFUND TRANSFERS 190,000 0 190,000 UNAPPROPRIATED 58,982 36,936 95,918 Total 248~982 28549i8 Unappropriated - Offset to the anticipated increase in recreation impact fees for new construction. ANALYSIS OF DST SERIES 2003 DEBT SERVICE FUND Revenues: Debt svc FUnd Other Revenue 0 771,724 771,724 Other Revenue - Increase results from an estimated $500 in interest income, $469,029 in transfers from the Discretionary Sales Tax fund for debt service due October 1, 2003 and April 1, 2004, and bond proceeds of $302,195 for cost of issuance, accrued interest and bond discount. Expenditures: DST Set 2003 2002.2003 : ~CO~~ED ~. 2002;2003 Debt Svc Fund ~ · : :: DEBT SERVICE 0 296,001 296,001 UNAPPROPRIATED 0 475,723 475,723 TotaI ~ Debt Service - Increase is associated with the estimated cost of issuance of the Infrastructure Sales Surtax Revenue Bond, Series 2003. Unappropriated - Increase results in the amounts associated with the transfer in from DST Special Revenue Fund for Debt Service on October 1, 2003 and April 1, 2004, accrued interest and bond discount. 15 ANALYSIS OF CAPITAL PRO.JECTS Capital Projects are proceeding as expected (See enclosed project summaries by fund). The following amendments and additions to capital projects are recommended including those improvements that were appropriated for during the first quarter. These projects are interim program changes either authorized by the City Manager in accordance with the Budget Resolution or via other resolution creating the capital improvements. Funding Title Amount Source 512 Alleyway $20,000 Budget Svgs Pipe Lining $22,010 Budget Svgs Stormwater Master Plan $25,856 Budget Svgs City Hall $3,718,967 Bond Issue $2,693,955 Bond Issue Police Department School Building Renovation $650,000 Bond Issue City Hall Out Buildings City Hall Park $900,000 Bond Issue $400,000 Bond Issue Comments Council approved supplemental appropriation for 512 Alley Improvement. Council approved supplemental appropriation for the installation of pipe lining for a collapsed pipe. Council approved supplemental appropriation for development of a capital plan and negotiations with SJRWMD. Estimate of Cost via Spatial Needs Analysis less architectural & design fees approved in first quarter. Estimate of Cost via Spatial Needs Analysis less architectural & design fees approved in first quarter. Estimated cost not including $250,000 Historic Preservation Grant previously approved. Estimate of cost. Estimate of cost not including anticipated FRDAP grant. ANALYSIS OF AIRPORT FUND Airport FUnd : ; Rents & Royalties 163,434 0 163,434 Other Miscellaneous Revenue 5,773 862 6,635 ,Non-Operating Revenue 36,761 5,255 42,016 Total ~ Other Miscellaneous Revenue - Increase is a result of reimbursement by Fish & Wildlife Service for overtime associated with the Pelican Island Festival. 16 Non-Operating Revenue - Increase results from an appropriation from retained earnings to fund continuing operations. Airport: , 2002~2003 RECO~NDED 2002,2003 Administrative BUDGET C~NGE,q BUDGET PERSONAL SERVICES 125,617 1,052 126,669 OPERATING EXPENDITURES 77,309 5,065 82,374 CAPITAL OUTLAY 3,042 0 3,042 INTRAFUND TRANSFERS 0 0 0 CONTINGENCY 0 0 0 Total 205;968;' 6,117 :2i2;085 Personal Services - Increase is a result of overtime of $862 associated with the Pelican Island Festival and an increase in Worker's Compensation for the prior year audit of $190. Operating Expenditures - Recommended increase is a result of an increase in audit fees for the fiscal year 2002 audit, R&M-Grounds Maintenance for re-striping the runway, $418 for computer supplies associated with implementation of new software and hardware, fuel cost increase of $1,850 not originally anticipated, and uniform costs not originally budgeted for. 17 GENERAL CAPITAL PROJECTS FUND 310 AS OF MARCH 31, 2003 Project Number Descrimion C2101 Cemetery Columbariums (Closed) C2103 Police Impound Compound C2104 PD Communication Center Renovation C3101 Yacht Club/Community Center Signs Current Prior Balance Year Year All Years to Budt, et ExDenditure~ Expenditures Exr>enditures Encumbrances Comvlete 43,544.00 40,300.00 3,243.79 43,543.79 0.00 0.21 38,500.00 0.00 4,105.00 34,395.00 22,850.00 1,489.00 11,095.31 12,584.31 0.00 10,265.69 10,500.00 9,700.00 9,700.00 0.00 800.00 115,394.00 51,489.00 14,339.10 65,828.10 4,105.00 45,460.90 % Complete 100.00% 0.00% 55.07% 92.38% CAPITAL IMPROVEMENT PROJECTS FUND 320 AS OF MARCH 31,2003 Pr~ect Number C0201 C0202 C0204 C1202 C1203 C2202 C2203 C2206 C2207 C2208 C2209 C2210 C2213 C2214 C2215 C2216 C2217 C2218 C3201 C3202 C3203 C3204 C3205 C3206 C3207 C3208 C6202 Description Stormwater Management Plan Update BSSC FY 2001 Improvements Compound Storage Shed Riverview Park lmprov Phase I FY01 Reroof Shelters @ Parks Shumann Lake Park Phase I Fencing @ BSSC Parks Maintenance Building Central Garage Improvements Thirteen (13) Side Yard Culverts Three (3) Swale and Xing Pipe Upgrades Six (6) Crossing Culvert Replacements Fiber Optic Cable Schumann Drive Median hxigatinn System Emergency Road Crossing Culverts Blossom Drainage Ditch Riverview Park Improvements Phase III Hardee Park Trail Improvements Schumann Lake Phase 11 (Zone C) George Street Park (Zone D) Filbert Streel Park (Zone C) School Baseball Fields (2) City Hall Restoration (MOVED TO C3953) Yacht Club Renovations Community Center Renovations Schumann Drive Fountain Elkham Dam Current Prior Balance Year Year All Yea~ to Budget Expenditures Expenditures Expenditures Encumbrances Complete 225,856.00 62,003.48 124,412.13 186,415.61 39,440.00 0.39 320,288.00 5,162.83 257,887.38 263,050.21 500.00 56,737.79 14,802.57 11,782.57 11,782.57 3,020.00 425,000.00 33,015.53 47,969.88 80,985.41 7,660.00 336,354.59 6,000.00 780.86 780.86 5,219.14 40,800.00 28,000.00 28,000.00 0.00 12,800.00 12,100.00 3,877.00 3,877.00 8,223.00 62,150.00 122.12 335.00 457.12 61,692.88 116,150.00 104,564.70 254.39 104,819.09 8,727.00 2,603.91 107,139.05 13,411.24 43,147.73 56,558.97 16,765.00 33,815.08 19,058.82 11,022.71 11,022.71 0.00 8,036.11 27,940.56 4,412.67 7,007.88 11,420.55 0.00 16,520.01 45,500.00 25,234.20 10,871.82 36,106.02 599.00 8,794.98 49,900.00 48,561.80 48,561.80 1,338.20 65,000.00 6,207.37 25,735.36 31,942.73 33,057.27 198,200.00 15,260.00 15,260.00 0.00 182,940.00 400,000.00 42,136.69 1,195.22 43,331.91 7,502.00 349,166.09 35,000.00 140.60 140.60 28,177.00 6,682.40 150,000.00 151.66 151.66 149,848.34 40,000.00 0.00 40,000.00 75,000.00 250.00 250.00 74,750.00 150,000.00 130.16 130.16 149,869.84 0.00 0.00 0.00 60,000.00 0.00 60,000.00 50,000.00 0.00 50,000.00 3,600.00 3,165.50 3,165.50 434.50 1,021,200.00 10,395.28 826,627.40 837,022.68 184,177.32 % Complete 100.00% 82.29% 79.60% 20.86% 13.01% 68.63% 32.04% 0.74% 97.76% 68.44% 57.84% 40.87% 80.67% 97.32% 49.14% 7.70% 12.71% 80.91% 0.10% 0.00% 0.33% 0.09% #DIV/O! 0.00% 0.00% 87.93% 81.96% 3,720,685.00 310,504.03 1,464,729.13 1,775,233.16 109,370.00 1,836,081.84 CITY OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF MARCH 31, 2003 Project Number C1302 C1304 C1305 C1306 C2302 C2303 C2304 C2305 C2306 C3301 E3302 C3303 C3304 C9301 Description Barber St Improvements Phase II CR 512 Alley Improvements Tulip Drive Bikepath Schumann Dr Bikepath Extension Louisiana Improvements Barber St Sidewalk (CR512 to Hardee Park) Main St/Wimbmw Dr Sidewalk Hardee Park/Wimbrow Dr Sidewalk Pelican Island BikePath FY 2003 Road Reconstruction FY 2003 Road Resuffacing Jackson Street Extension FY 2003 Sidewalk Program Barber St Bridge Impmv CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 335 AS OF MARCH 31, 2003 Project Number Description C8308 Road Paving Projecl CITY OF SEBASTIAN STORMWATER IMPROVEMENT FUND FUND 363 AS OF MARCH 31, 2003 Project Number Description C3601 Seven (7) Xing Culvert Preplac C3602 Sideyard Pipe - 825 Gladiola Current Prior Year Year All Years Budget Expenditures Expenditures Expenditures Encumbrances 314,920.00 305,942.48 305,942.48 0.00 373,680.00 258,275.30 28,456.00 286,731.30 55,316.00 35,200.00 16,776.25 16,776.25 18,424.00 20,400.00 0.00 300,000.00 6,399.28 23,353.26 29,752.54 83,855.00 71,500.00 25,492.75 1,626.61 27,119.36 16,892.00 93,500.00 25,155.07 10,655.57 35,810.64 0.00 71,500.00 0.00 46,440.00 19,459.70 28,181.02 47,640.72 0.00 210,000.00 120,188.06 120,188.06 79,902.00 240,000.00 195,002.78 195,002.78 42,541.00 312,000.00 162,214.50 162,214.50 189,368.00 0.00 309,660.00 32,850.01 32,850.01 2,588,168.00 828,963.69 431,064.95 1,260,028.64 296,930.00 Budget 3,704,427.75 Budget 26,477.0O 22,010.00 Current Prior Year Year All Years Exr~enditures Expenditures Expenditures 391,655.02 3,127,336.69 3,518,991.71 Encumbrances 62,409.00 Current Prior Year Year All Years Expenditures Expenditures Expenditures 7,584.22 7,584.22 0.00 Encumbrancel; 6,390.00 Balance to Comr~lete 8,977.52 31,632.70 (o.25) 20,400.00 186,392.46 27,488.64 57,689.36 71,5oo.oo (1,2oo.72) 9,909.94 2,456.22 149,785.5o 189,368.00 276,809.99 1,031,209.36 Balance to Complete 123,027.04 Balance to Comolete 12,502.78 22,010.00 48,487.00 7,584.22 0.00 7,584.22 6,390.00 34,512.78 % Complete 97.15% 76.73% 47.66% 0.00% 9.92% 37.93% 38.30% 0.00% 102.59% 57.23% 81.25% 51.99% 0.00% 10.61% % Complete 94.99% % Complete 28.64% 0.00% CITY OF SEBASTIAN PUBLIC FACILITIES IMPROVMENTS FUND FUND 390 AS OF MARCH 31, 2003 Project Number Description C3950 Pub Facilities Improve C3951 City Hall Construction C3952 PD Renov/Expansion C3953 Old School Renovation C3954 City Hall Park Current Prior Year Year All Years Bud~°et Exr>enditure$ Expenditures Expenditures Encumbrances 0.00 0.00 390,986.00 27,835.82 27,835.82 323,654.00 256,045.00 19,767.67 19,767.67 236,074.00 250,000.00 0.00 0.00 0.00 506,045.00 19,767.67 0.00 19,767.67 236,074.00 Balance to Comolete 0.00 39,496.18 203.33 250,000.00 0.00 250,203.33 % ~omplete #DIV/0! 7.12% 7,72% 0.00% #DIV/0I CITY OF SEBASTIAN GOLF COURSE PROJECTS FUND 415 AS OF MARCH 31, 2003 Project Number Description CI401 Golf Course Renovation CITY OF SEBASTIAN AIRPORT PROJECTS FUND 455 AS OF MARCH 31. 2003 Proj¢cl Number Description C0501 5 Year Capital Improvement Plan C0503 R/W Lighting and Security Fence C1502 T-Hangar Construction C1505 Access Roads, Water/Sewer, Gates C1506 Maintenance Facility C2501 Rehab of Runway 9-27 C2502 Install Security Fencing C2503 Construct T-Hangers C2504 Clear R/W 9-27 Safety Areas C3501 Rehab of Runway 9-27 Phase II C3502 Construct Access Road C3503 Airpo,~ Administration BIdg Current Prior Balance Amended Year Year All Years to % Budget Exvenditures Exvenditures Expenditures Encumbrances Complete Comvtete 712,500.00 1,455.81 693,109.34 694,565.15 17,934.85 97.48% 712,500.00 1,455.81 693,109.34 694,565.15 0.00 17,934.85 Current Prior Balance Amended Year Year All Years to % Budget Exr~enditures Exvenditures Expenditures Encumbrances Complete Complete 300,855.00 301,554.75 301,554.75 (699.75) 100.23% 293,854.88 248,957.45 36,371.90 285,329.35 10,067.00 (1,541.47) 97.10% 531,250.00 6,126.00 77,514.65 83,640.65 9,735.00 437,874.35 15.74% 500,000.00 37,501.00 72,939.79 110,440.79 12,849.00 376,710.21 22.09% 7,264.12 7,264.12 7,264.12 0.00 0.00 100.00% 175,000.00 10.18 133,595.13 133,605.31 41,390.87 3.82 76.35% 333,334.00 9,565.58 5,126.12 14,691.70 371,788.00 (53,145.70) 4.41% 500,000.00 0.00 500,000.00 0.00% 877,500.00 365,579.00 33,959.36 399,538.36 196,120.00 281,841.64 45.53% 1,230,000.00 0.00 1,230,000.00 0.00% 625,000.00 0.00 625,000.00 0.00% 1,000,000.00 35,290.93 35,290.93 31,115.00 933,594.07 3.53% 6,374,058.00 703,030.14 668,325.82 1,371,355.96 673,064.87 4,329,637.17 21.51% CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS STATE BOARD OF ADMINISTRATION AS OF MARCH 31, 2003 GENERAL FUND Local Option Gas Tax Fund Discretionm'y Sales Tax Fund Riverfront Redevelopment Fund Recreation Impact Fee Fund Stormwater Utility Fund Debt Service Fund General Capital Projects Fund Capital Improvements Fund Transportation Fund Golf Course Fund Golf Course Projects Fund Airport Fund Ah~port Projects Fund Cemetery Fund 40.24% 1.01% 6.13% 2.69% 4.43% 9.34% 0.85% 2.93% 13.65% 4.69% 5.05% 0.18% 1.63% 2.80% 4.38% 3,919,621.94 98,727.53 597,508.15 261,921.99 431,142.30 909,614.78 83,122.28 285,226.87 1,329,437.76 456,773.22 491,784.01 18,019.47 159,104.23 272,972.03 426,376.32 Sub-total Golf Com'se Fund 100% 100% 9,741,352.88 445,652.73 Paving Loan 100% 157,231.09 TOTAL 10,344,236.70 HOME OF PELICAN ISLAND Subject: Purchase of a Marine Patrol Boat for City of Sebastian Approve ' Terrence R. Agenda No. ~A-'9, Department Origin: P_.qolice/James A. Davis General Services: ..~- -=_~Z~" Finance Dept.: Date Submitted: April 4, 2003 For Agenda of: April?~,2003 Exhibits Boat Specifications & Related Data EXPENDITURE REQUIRED: AMOUNT BUDGETED: $44,573.00 $50,000 APPROPRIATION REQUIRED During the 2002 open grant period for the Florida Inland Navigational District funding opportunities, we applied for a 50/50 grant of $50,000 to purchase a police department patrol boat. The purpose of the boat is to give us access to the Indian River waterways and islands within the City boundaries enabling the department to enforce regulations, promote safety and inspect activities on the islands. Specifications for a boat suitable for police work were drawn and General Services initiated a Request for Proposal (RFP) process. The below matrix shows the vendors who responded to the RFP and the price submitted. PRICE PROPOSAL SUMMARY MANUFACTURER PRICE Boston Whaler 52,971.00 Pursuit 44,555.00 Dusk~ Edgewater 42,695.00 39,780.00 After discussions and due deliberations, it was decided that Edgewater provided the best overall value for the needs of the City. Edgewater is being used by many law enforcement agencies including Indian River County Sheriff's Office, Florida Department of Environmental Protection, Flagler County Sheriff's Office, Georgia Department of Natural Resources, South Carolina Department of Natural Resources and the U.S. Department of Fish and Wildlife. The Police Department recommends awarding a contract to purchase the Edgewater Boat as shown herein, and in addition we have negotiated a price, which we feel is fair, for necessary accessories and include installation by the dealer as shown below: BOAT AS QUOTED BY EDWATER IN THE RFP $39,780 (21 Foot Edgewater CC, Specifications: L.O.A. 20'- 4", Beam 8'-3", Draft 14", Dry Weight approximately 2,250 LBS. Transon Height 25", Fuels Capacity 90 U.S. Gallons, Maximum H.P.225) ADDITIONAL ACCESSORIES NEEDED AS FOLLOWS: Wheelen Mini Edge Siren package including control head, 100 watt amplifier, speaker. Center Console Electronics Box ICOM VHF Radio Model IC-M402, Shakespeare Antenna Model 5400-XT and Stainless Steel Ratchet Mount Garmin 188 Sounder/GPS/Map. Graphics Package Leaning Post Upgrade to include locking cabinets, gun rack, grab rail, footrest and document storage. Remote control spotlight 100,000 candle power (plastic housing) Boat Package Total 1,238.00 300.00 388.00 920.00 250.00 1,297.00~ $44.573.00~- RECOMMENDED ACTION Move to approve the purchase of the Edgewater Boat package and accessories in the amount of $44,573.00 from Edgewater Powerboats. cugevvacer ~ommercial .. Sentinel 21 CC Page ! of i EdgeWater P 0 W E R B 0 A 1' S The EdgeWater Difference Sentinel 27 Sentinel 25 CC Sentinel 23 CC Sentinel 23 Express Sentinel 2::[ CC Sentinel 18 CC Sentinel :[7 CC Recreational Boats Marine Weather COMPANY NEWS Contract Holder C~ontr,act # GS-07F-GI~3N Bridg Bridge Bri Brid ROLL OVER THUMBN/~LS FOR LARGER V~EWS DESCRIPTION EdgeWater Powerboats · 211 Dale Street · EdgeWater Florida 32132 · 38t,. http://ewcomboats.com/cgi-bin/ew_model.cgi?boatid=19 4/8/2003 EdgeWater Powerboats Commercial Division Quote Sebastian Police Department City of Sebastian, Florida 1225 Main Street Sebastian, Florida 32958 Attention: Paul Wagner Phone number 772-388-8241 Fax number 772-581-0149 Roger B. Taylor Jr. - Director of Commercial Products Phone: 386-426-5457 Ext. 14 Fax: 386-427-9783 Specifications L.OJ~. 20'-4" Beam 8'-3" Draft 14" Dry Weight Approximately 2,250 LBS (commercial) Transom Height 25" Fuel Capacity 90 U.S. Gallons Maximum H.P. 225 Deadrise IJ~ Transom 18 Degrees Yamaha 200 HPDI, Rigging, & Stainless Steel Prop Standard Gelcoat Limited 10 Year Non-Prorated Structural Hull and Deck Warranty Commercial Grade Fiberglass Hull Molded Fiberglass Liner wi non skid floors Fiberglass Console wi Console Storage Unsinkable Closed Cell Foam Flotation PermagHd FRP Stringer System Wood Free Construction Composite Transom Honeycomb Composite Coring Variable Deadriee Hull Two Transom Quarter Jump Seats wi Cushions 3t5 Slainless Stmd Steering Wheel 316 Welded Stainless Steel 1" Bow Rail (see options) 316 Stainless Steel Console Grab Rail Stainless Steel Bow and Stem Eyes (3) 8" Solid 316 Stainless Steel Cleats ($) Navigation lights Bow and Stem (intemational Rules) Custom 3/8" Acrylic WindshieM 500 GPH Bilge Pump with Automatic Float Switch Switch Panel - 8 switches Teleflex Single Ram Hydraulic Steering STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD $TD STD STD STD STD STD STD 1 3/3/2003 EdgeWater Powerboats Commercial Division Quote Second Battery Tray wi Battery Switch Battery Cables and Terminals for One Engine and Two Batteries Yamaha Digital Tachometer wilh Hour Meter Custom EdgeWater Compass Heavy Duty Commercial Rub Rail Cockpit Courtesy Lights (4 Red) 1- 12 Voit Outlet Forward Console Cooler Seat Fire Extinguisher Adjustable Tilt Steering Column Bow Anchor Locker wi Drain STD STD STD STD STD STD STD STD STD STD STD Warranty Information Hull and Deck Non-Prorated fO Year Fiberglass encased components 10 years Accessorfes installed at Edgeweter Power Boats I year 28,511.00 Freight to Sebastian, Florida 0.00 Aluminum Frame T-Top w/Blue Canvas & Black Spreader Lights (4) wi Radar Pad & Antenna Mounts Aluminum Frame Leaning Post wi Backrest & Footrest Tinted Windshield Upgrade Lenco Electric Trim Tabs 2,398.00 6O0J)0 100.00 625.O0 32,332.00 "Float-On" Aluminum Tandem Axle Trailer wi Brakes On One Axle Model ~421 TAB 2,830.00 Dive/Rescue Door 34", Hull Chafe Plate At Opening & Ladder Coast Guard Commissioning Package Stainless Steel Pull-Up Navigational Light Upgrade Stainless Steel Puli-Up Cleats (2 - Bow) Upgrade 4,318.00 150.00 75.00 *Note* Batter/es, Battery Cables, Terminals, Yamaha Digital Tachometers, Fuel Management (Twin Engines), & Hour Meters Are Standard w~ Engine Packages Only Delete: Rod Holders, Fishing Chairs, Tackle Rigging Station, Recirculatfng Baitwell & Bow Rail Regular City Council Meeting December 11,2002 Page Eighteen C. Mr. Maicher Reported on a call about the committee formed to review the County water assessment and inquired of the Attorney what they had found. The City Attorney said the group found the City had pretty much given away its authority and the group fell apart. D. Mr. Barczyk E. Mr. Coni,qlio Described handouts he distributed prior to the meeting relative to growth in Indian River County, and St. Johns River Water Management. Said he attended a FAA Study on Noise Abatement meeting this morning and that Jason Milewski will be a member of the board. There will also be another member from the city announced in late January or eady February along with meeting times and dates. Asked about placing Tut Connelly's letter regarding advisory committees on a future agenda. Concern about FEC Railroad barricades on Main Street. The City Attorney said they are asserting their turf on the east side of the tracks. Mr. Coniglio suggested a letter be sent asking for breakaway access for emergency vehicles. The City Attomey said the City could legally not require it since access to the buildings is from the front. The City Manager stated he would continue verbal discussions with the Railroad. Requested that committee reports and recommendations be moved up on the agenda so people won't have to sit and wait for interview so long. Council agreed to move it to right after the consent agenda. He wished everyone a merry Christmas. 18. Being no further business, Approved at the ,~a~. 8, 2003 Walter W. Barnes Mayo'T') S~A. ~ai~, CMC City Oler~ Mayor Barnes adjourned the meeting at 9:52 p.m. Regular Council Meeting. 03.0q 7 As referenced in '~he attached memorandum compiled by Jason Milewski relative to various programs and projects available to Sebastian Municipal Airport, please be advised that the City of Sebastian was recently successful in securing additional funding from the Florida Department of Transportation (FDOT) Aviation Section to help finance various project and program implementation efforts. Additional funds totaling $193,500 are therefore' now available to supplement expenses for wetland/environmental mapping and surveying activities, as well as more funding to continue the t-hangar construction effort and the reactivation of Runway 9-27. The success of these efforts to date will result in a lesser dependency on additional matching contributions from the Airport Enterprise Fund. The chart included on' the second page summarizes total project costs vis-a-vis dollars from various partners. Essentially, the City of Sebastian's share will represent a mere $69,500, less than 5% of project costs totaling $1,395,000. As such, Joint Participation Grant Agreements from FDOT will be presented for your consideration for authorization via the APril 23rd Regular Meeting Agenda. Airport Noise and Flight Training Assessment Committee Earlier last week, I received the attached letter from Ms. Rebecca Rivett, Aviation Coordinator, FDOT Aviation Section relative to the possibility of the City of Sebastian appointing a designee to serve on the Treasure Coast Regional Airport Noise and Flight Training Working Group.. Last month, FDOT initiated the Treasure Coast Regional Airport Noise and Flight Training Assessment/Study. The purpose of this program will be to examine aircraft noise and flight operations collectively, via all general aviation airports in the Treasure Coast Region of Florida, including Vero Beach and most importantly to us, Sebastian Municipal Airport. Currently, appointments to the respective working .group are underway. As referenced in the letter, the City of Sebastian is being asked to make formal appointments to this body, one regular m,ember and one alternate. The group will be responsible for overseeing and facilitating outcomes of the aforementioned study, as well as to formally represent their respective local governments. The firm conducting the study on behalf of FDOT, the MEA Group, Inc., recommends that participating entities appoint elected policy making officials to serve in this capacity. As such, the City Council will have an opportunity during the April 23rd regular meeting to consider nominations accordingly. In addition, Airport Director Jason Milewski will provide a brief report relative to this matter, as well as offer additional information regarding the scope of this exercise. Additional Services and Products from Comcast Cable Parks & Recreation Advisory Committee City of Sebastian, Florida To: From: Re: Date: City Council for the City of Sebastian Bill Ingui, Chairperson Public Workshop # 2 April 11, 2003 On behalf of the Parks and Recreation Advisory Committee for the City Council, I would like to inform you that the Committee will hold it's Second Public Workshop at an extended regular meeting on Monday, April 28, 2003, given your continued support of our efforts. When the Council received the Projected 5-Year Park Development Plan from the City Manager's Office about June 2002, the Committee immediately held its first Workshop in July for the purpose of fulfilling its duty to provide recommendations to the City Council, based upon public input. As a result of that fn'st Workshop, the Committee was able to present its recommendations in August, 2002, titled - Year 1:2002-03 Recommendations for the Projected Five Year Park Development Plan. With your approval the Committee would like to move ahead qu/ckly to inform the public about our. Second Public Workshop. It may be ambitious, but we would like to attempt to cover many of the plans listed in Year 2 and 3 of the Projected Five Year Park Development Plan, in part because some of the plans cover parks that will be developed over the two years. In addition, we would like to tackle the issue of a dog park, brought to our attention by several citizens with an interest in that form of land use. It is very important for the public to provide input and on that basis, give the City Council an informed set of recommendations by June 2003. Our advertisement would include some of the following information, including the planned areas of input requested: Monday, April 28, 2003 from 5 to 8 PM City Hall, City Council Chambers 1225 Main Street, Sebastian to give your input on: Doff Park City Hall Park Bryant Court Park Schumann Lake Phase HI Plan.~ Riverview Park Phases H & Ill Easy Street Park Tennis Courts at the Municipal Golf Course Blossom Park Zone A - potential purchase of new properties Keen Terrace & S. Wimbrow Park With your permission, I would like to move ahead with our planned Workshop. Your continued support of our Committee work is most appreciated. Sinc.erely Chairperson(i/nd Zone A Representative, for Committee Members: Wayne Leboeuf- Zone B Representative Jeanne Jessup - Zone C Representative Jayne Barczyk - Zone D Representative Jessica Keaton - Regular at-Large Member Elizabeth Gray -Altemate Member City Liaison / Parks Superintendent - Chris McCarthy Park & Recreation Advisory Committee City of Sebastian Your IDEAS - IDEAS- IDEAS Are Needed! Please join us for a Sebastian Parks & Recreation Advisory Committee Public Input Workshop Monday, April 28, 2003 from 5 to 8 PM Doe Park Citw Hall Park Bryant Court Park Schumann Lake Phase IH Plann Riverview Park Phases H & III Easy Street Park City Hall, City Council Chambers 1225 Main Street, Sebastian to give your input on: Tennis Courts at the Municipal Golf Course Blossom Park Zone A - potential purchase of new properties Keen Terrace & S. Wimbrow Park Hoping to see you then! Bill, Jayne, Elizabeth, Jeanne, Jessica, Wayne Parks & Recreation Advisory Committee Sincerely, Committee Members: Bill Ingui Wayne Leboeuf Jeanne Jessup Jayne Barczyk Jessica Keaton Elizabeth Gray Zone A Representative and Chairperson Zone B Representative Zone C Representative Zone D Representative Regular at-Large Member Alternate Member City Liaison/Parks Superintendent - Chris McCarthy